Start with the actual denial
An initial OPM denial can be reviewed through reconsideration. Read its reasons and instructions, identify each missing or disputed point, and preserve the deadline before deciding how to respond. Additional evidence must address your actual record; no diagnosis or volume of records guarantees reversal.
Stage one: OPM reconsideration
A written request must be received by OPM within 30 calendar days from the initial decision date under 5 CFR 841.306. It must identify the applicant and claim, if assigned, and state the basis for review. Limited deadline extensions are allowed by the regulation, but must not be assumed.
Possible responses include clarifying the duties of your position, obtaining a treating provider's explanation of functional limitations and expected duration, correcting factual errors, and supplying requested documentation. Follow OPM's instructions about additional evidence and deadlines. This article does not promise a particular reconsideration processing time.
Stage two: MSPB review of a final OPM decision
OPM's reconsideration decision must explain the right to appeal. Most MSPB appeals are due within 30 calendar days of the effective date of the action, if any, or receipt of the decision, whichever is later. Use the notice and current MSPB rules to determine the applicable deadline.
An MSPB appeal is a formal proceeding. The judge may establish deadlines for submissions, evidence, and other procedural steps. Hearing availability, the burden of proof, and the scope of review depend on the issues and applicable rules; this article does not promise a hearing or a result.
Representation and further review
You may act on your own behalf or seek representation allowed by the applicable rules. An attorney experienced in federal retirement matters can advise on legal arguments, overlapping removal or EEO issues, and further administrative or judicial review. Ask directly about fees and scope; fee arrangements vary.
Further-review routes and deadlines are governed by the final decision and applicable law. They are not interchangeable. Obtain qualified advice rather than assuming every case follows the same court route.
What TFDR can do
TFDR provides non-attorney education for initial applications and does not handle reconsideration, MSPB appeals, or legal representation. See the current service descriptions. Keep copies of your application, decisions, submissions, and delivery records if you seek another professional's help.