Denied by OPM? Your Reconsideration and MSPB Appeal Options Explained

TFDR Editorial · July 14, 2026

A Denial Is Not the Final Word

Receiving a denial letter from OPM is discouraging, but it is not the end of your disability retirement claim. The federal disability retirement process includes built-in appeal mechanisms specifically designed to give applicants additional opportunities to present their case. Understanding these options — and acting within the strict deadlines — is critical to preserving your rights.

Understanding Why OPM Denied Your Claim

Before pursuing an appeal, carefully read OPM's denial letter. OPM is required to explain the specific reasons for denial. Common reasons include:

Insufficient medical evidence connecting your condition to your inability to perform job duties
Medical evidence that does not establish the condition will last at least one year
Evidence suggesting the agency could accommodate or reassign you
Incomplete application (missing forms or documentation)
Failure to apply for SSDI
The physician's statement (SF 3112C) does not adequately address functional limitations

Understanding the specific deficiency OPM identified is essential because your reconsideration must directly address those issues.

Stage 1: Reconsideration (30 Days)

After receiving an initial denial, you have 30 calendar days from the date of the denial letter to file a request for reconsideration with OPM. This deadline is strictly enforced — if you miss it, you lose this level of review.

What to Include in Your Reconsideration

A reconsideration is not simply asking OPM to look again. You should submit:

New or additional medical evidence that addresses the specific deficiencies OPM cited
Updated physician statements that more clearly connect your condition to your inability to perform your job duties
A written argument explaining why the original decision was incorrect, citing specific evidence in your file
Any new diagnoses or test results obtained since the original filing
Clarification of any misunderstandings in OPM's analysis of your case

Reconsideration Processing

OPM assigns reconsideration requests to a different claims specialist than the one who made the initial decision. This provides a fresh review of your case. Processing typically takes 3-6 months. During this time, you may submit additional evidence, but do so as early as possible.

Stage 2: MSPB Appeal (30 Days)

If OPM denies your reconsideration, you have 30 calendar days from the date of the final denial letter to file an appeal with the Merit Systems Protection Board (MSPB). The MSPB is an independent quasi-judicial agency that reviews federal employment disputes.

How the MSPB Process Works

An MSPB appeal is a formal legal proceeding. Key elements include:

Assignment to an Administrative Judge (AJ): Your case is assigned to an AJ who will manage the proceedings
Discovery: Both you and OPM can request documents and information from each other
Hearing: You may be entitled to a hearing where witnesses testify and are cross-examined
Briefing: Both sides submit written arguments
Initial Decision: The AJ issues a written decision that can be appealed to the full Board

The Burden of Proof

At the MSPB level, you bear the burden of proving by preponderant evidence (more likely than not) that you meet all the requirements for disability retirement. This includes proving your medical condition, its impact on your job duties, and that accommodation or reassignment was not possible.

Should You Hire an Attorney?

While you can represent yourself at both the reconsideration and MSPB stages, the complexity of the process increases significantly at the MSPB level. Consider hiring an attorney if:

Your case involves complex medical issues or multiple conditions
OPM's denial raises legal issues you don't fully understand
You are uncomfortable with formal legal proceedings
The MSPB case proceeds to a hearing with witnesses
You have been denied at reconsideration and this is your final administrative appeal

Attorneys who specialize in federal disability retirement typically work on a contingency or hourly basis. Some offer free initial consultations to evaluate the strength of your case.

Beyond the MSPB: Federal Court

If the MSPB rules against you, you may petition the full Board for review, and ultimately, you can appeal to the U.S. Court of Appeals for the Federal Circuit. However, court review is limited to questions of law — the court generally defers to the MSPB's factual findings. Very few disability retirement cases reach this stage.

Timeline Summary

Initial OPM decision: 6-12 months after filing
Reconsideration deadline: 30 days from denial letter
Reconsideration processing: 3-6 months
MSPB appeal deadline: 30 days from reconsideration denial
MSPB proceedings: 6-18 months depending on complexity

Key Takeaway

A denial from OPM — even a denial on reconsideration — does not mean your case lacks merit. Many successful disability retirement claims are approved on reconsideration or at the MSPB level after additional evidence is submitted. The critical factors are meeting your deadlines, addressing the specific reasons for denial, and presenting clear medical evidence that connects your condition to your inability to perform your job duties.