Federal Disability Retirement Appeals for Federal Employees
Denied OPM disability retirement? Our NYC-based MSPB attorneys help federal workers nationwide appeal wrongful denials. Free consults, fast action, fierce representation.
- Forum
- Merit Systems Protection Board
- Where we practice
- Federal employees nationwide
When Your Disability Retirement Is Denied, We Step In
Federal employees who become unable to work due to a medical condition may be eligible for Federal Disability Retirement under FERS or CSRS. But getting approved is rarely simple—and many deserving claims are denied without a fair review.
At Leitner Warywoda, we help federal workers nationwide appeal wrongful denials through the Merit Systems Protection Board (MSPB). Based in New York City and proudly serving clients across Long Island and the five boroughs, we’re equipped to fight for your benefits no matter where you live or work.
Do You Qualify for Federal Disability Retirement?
To qualify for disability retirement through the Office of Personnel Management (OPM), federal employees must meet specific criteria:
- You have completed at least 18 months of federal civilian service
- You have a medical condition that prevents you from performing your job duties
- The condition is expected to last at least one year
- Your agency is unable to accommodate your condition or reassign you to a comparable position
- You have applied before separation or within one year of separation from federal service
Many federal workers are surprised when they meet these requirements but still receive a denial. That’s where our firm comes in.
Why Disability Retirement Claims Are Denied
OPM may deny claims for several reasons, including incomplete documentation, a failure to clearly connect the medical condition to your job duties, or mistakes in how the agency reported your disability status.
We regularly see denials based on:
- Inadequate medical evidence
- Disputes about your ability to perform “light duty”
- Misunderstanding of agency accommodations
- Procedural errors in the application process
If this happens to you, don't give up—you have a right to appeal through the MSPB, and we can guide you every step of the way.
How Leitner Warywoda Helps with MSPB Disability Appeals
MSPB disability retirement appeals are complex and time-sensitive. We help clients across the country by:
- Reviewing denial letters and medical records
- Gathering supplemental evidence and physician statements
- Identifying legal and procedural errors
- Drafting and submitting MSPB appeals
- Representing you in all hearings and proceedings
We’re not just paperwork pushers—we’re litigators who fight aggressively when a federal agency fails to do right by you.
Nationwide Representation for Federal Disability Retirement Appeals
Whether you work in NYC, Long Island, or anywhere across the country, Leitner Warywoda can represent you in your disability retirement appeal. We know the OPM and MSPB systems inside and out, and we know how to challenge unfair denials.
If your health prevents you from continuing your federal career, we’re ready to protect your rights and secure your future. Call us today for a free consultation and take the first step toward the benefits you’ve earned.
Related topics.
- Employment DiscriminationFacing discrimination in a federal job? Leitner Warywoda, PLLC helps clients nationwide file MSPB claims for race, age, disability, and gender bias. Free consultation.Read more
- Whistleblower ClaimsRetaliated against after reporting fraud or misconduct in a federal agency? Leitner Warywoda, PLLC helps whistleblowers nationwide file MSPB claims. NYC-based, U.S. reach.Read more
- Wrongful TerminationFired from a federal job? Our NYC attorneys fight wrongful termination through MSPB appeals. Serving federal workers in all five boroughs & Long Island. Free consult.Read more
Frequently asked questions.
Who qualifies for federal disability retirement under FERS?
You generally must have at least 18 months of creditable federal civilian service. You must have a medical condition that prevents useful and efficient service in your current position, and the condition must be expected to last at least one year from the date you apply. Your agency must also be unable to accommodate the condition or reassign you to a vacant position at the same grade or pay in the same commuting area. You do not need to be totally disabled from all work to qualify.
Can I apply for OPM disability retirement after I've been fired?
Yes. Being removed from federal service does not by itself bar a disability retirement application. Under 5 U.S.C. § 8453, a FERS application generally must be filed within one year of your separation from service, and missing that deadline can end your claim. If you were removed because of a medical condition or an inability to perform your job, that history may support your application. File promptly and gather medical documentation that connects your condition to the duties of the position you held.
What can I do if OPM denies my disability retirement application?
You can ask OPM to reconsider its decision, generally within 30 days of the initial denial. Use reconsideration to submit stronger medical evidence and address the specific reasons OPM gave. If OPM denies the claim again, you can appeal the reconsideration decision to the MSPB, generally within 30 days. At the MSPB, an administrative judge reviews the evidence anew and can hold a hearing where you, your doctors, and supervisors can testify. Leitner Warywoda represents federal employees at both the reconsideration and MSPB appeal stages.
Why does OPM deny federal disability retirement claims?
Common reasons include medical records that describe a diagnosis without explaining how it prevents you from performing specific job duties, a lack of evidence that the condition will last at least a year, gaps in treatment, and indications that the agency could have accommodated you. OPM also looks for evidence of a service deficiency, such as problems with performance, conduct, or attendance tied to the condition. A strong application links detailed medical opinions to the actual requirements of your position.
Do I have to apply for Social Security disability if I apply for FERS disability retirement?
Generally, yes. FERS disability retirement applicants are required to apply for Social Security disability benefits and provide proof that they did so. Approval by Social Security is not required for OPM approval, and the two programs use different standards. If both are approved, your FERS disability annuity is typically reduced to account for Social Security benefits. Keep copies of your Social Security filing and any decision, since OPM will ask about it during and after its review.