You may qualify for disability retirement if you have been employed for at least five years or eighteen months, depending on your retirement system, and have a medical condition that prevents you from effectively performing at your current grade or pay level. Even if your medical condition pre-dated your employment, you may still be eligible for disability retirement if you became disabled as a result of the disease’s progression. You can apply to the Office of Personnel Management (OPM) for disability retirement at any time before separation from service occurs and up to one year after separation.
Our experienced attorneys can assist you in this application process. We can help you obtain doctors’ reports and compile your medical records for submission to OPM. If OPM’s initial decision is a denial of your application, you must first complete the internal OPM appeal procedure. This procedure includes submitting a request for reconsideration along with any additional evidence, and arguments explaining your disability.
If OPM’s final decision is another denial, then you have the right to file an appeal with the Merit Systems Protection Board (MSPB). Avery Dooley & Noone attorneys have represented hundreds of clients before the OPM and MSPB. Contact us to discuss how our experience can assist you in obtaining the benefits you are entitled to receive.