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This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

Figuring out the federal bureaucracy can be daunting—especially when your health and finances are at stake. For federal employees whose medical conditions have rendered them unable to perform their job duties, OPM (Office of Personnel Management) disability retirement can provide an important option. However, the application process is rigorous and can be riddled with legal and procedural pitfalls. As federal employment attorneys who have guided many clients through this journey, we want to share a few strategies that can increase the likelihood of your OPM disability retirement application being approved.

1. Understand the Legal Requirements

Before anything else, you must meet the statutory requirements for OPM disability retirement under 5 U.S.C. § 8337 (CSRS) or § 8451 (FERS). The main criteria include:

• You must have completed at least 18 months of creditable civilian federal service (FERS) or 5 years (CSRS).
• You must have a medical condition expected to last at least one year that prevents you from performing “useful and efficient service” in your current position.
• Your agency must be unable to accommodate your condition or reassign you to a comparable position within the same commuting area.
• The disability must have arisen or worsened during your federal service.

Knowing and aligning with these requirements is the foundation of a successful application.

2. Provide Detailed Medical Documentation

Vague or insufficient medical records are the number one reason OPM disability retirement claims are denied. It is important to realize that your treating physician’s narrative must:

• Clearly diagnose your condition.
• Explain how the condition impairs your ability to perform essential duties.
• State that the condition is expected to last at least one year.
• Directly link your symptoms to specific job duties that are no longer feasible.

Don’t rely solely on forms—include comprehensive medical narratives, test results, family and friend letters, and specialist opinions where possible.

Pro Tip: Request that your doctor explicitly address your inability to perform useful and efficient service—a legal standard that OPM evaluates rigorously.

3. Develop a Strong Link Between Your Condition and Your Job Duties

OPM disability retirement adjudicators are not medical professionals; they evaluate your claim based on how your condition affects your ability to perform your job, not just whether you’re “sick.”

Include a copy of your official position description and annotate how your medical condition interferes with each major duty. For example:

• If you’re a postal worker with a degenerative spine condition, emphasize how lifting and standing requirements are no longer feasible.
• If you’re a claims examiner with severe cognitive impairments, explain how memory loss or concentration issues impact your analytical tasks.

4. Show That Accommodation or Reassignment Is Not Feasible

One critical element OPM evaluates is whether your agency attempted (or could reasonably have attempted) to accommodate your condition or reassign you.

You or your agency should document:

• Whether any reasonable accommodations were tried (e.g., modified schedules, ergonomic tools).
• Why those accommodations failed or were not feasible.
• Whether your agency explored other positions at your grade and pay level.
• Any efforts you made to engage in the accommodation or reassignment process.

If your agency initiates your removal due to medical inability to perform, request that the removal letter explicitly state that no accommodation or reassignment is possible. This can help and is known as the Bruner Presumption.

5. File in a Timely Manner

Timing is crucial. You must apply for OPM disability retirement:

• Within one year of separating from federal service, or
• Before separation if you are still employed.

Many applicants lose eligibility because they wait too long after resigning or being removed. It can be important to start the process while you are still on the agency’s rolls, if possible.

6. Prepare a Persuasive Applicant Statement (SF 3112A)

Your personal statement is your opportunity to tell your story. Explain:

• How your condition affects your daily work.
• The impact of treatments and medications.
• Emotional or psychological tolls.
• Why returning to full duty or finding another federal position is not realistic.

Use plain language but remain professional and factual. This is your chance to humanize the paperwork.

7. Seek Legal Guidance Early

An experienced federal disability retirement attorney can:

• Review and strengthen your medical documentation.
• Prepare legal arguments aligned with OPM case law.
• Draft or review your SF 3112 forms.
• Communicate with your agency and, if necessary, represent you on appeal to the MSPB (Merit Systems Protection Board).

Legal representation is particularly crucial if your agency is uncooperative or if your condition is difficult to classify (such as mental health disorders or chronic fatigue). Also, you need to be prepared with counsel should your initial filing be denied and you need to seek reconsideration.

Contact Us

Applying for OPM disability retirement can be critical when you are not well enough to continue your current federal duties. Being proactive, thorough, and strategic can significantly increase your chances of success. If you’re struggling with your health and your federal job is no longer sustainable, don’t wait. Begin building your case today—with clarity, documentation, and the right support. If you need assistance, please contact our firm at (703) 668-0070 or here.

Our law firm represents and advises federal employees in various employment law matters. If you need legal assistance regarding a federal employment matter, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation.

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in DC, Maryland, Virginia, federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry

Our federal employment lawyers represent federal employees nationwide before the Merit Systems Protection Board (MSPB). When filing an appeal with the MSPB a federal employee must carefully complete several critical steps to start the process. Failure to comply with these requirements may result in the dismissal of the appeal or the exclusion of critical components from MSPB review.

Filing Deadline for an MSPB Appeal

In general, an appeal must be filed within 30 calendar days of either the effective date of action, if any, or the date the appellant receives the agency’s decision, whichever occurs later. However, if the appellant and the agency mutually agree in writing to engage in an alternative dispute resolution process before the appeal deadline, the filing period can be extended by an additional 30 days, resulting in a total of 60 calendar days to file the appeal.

The MSPB will likely dismiss an appeal that is filed after the deadline. To avoid this outcome, it is essential to strictly adhere to all filing deadlines.

Where to File an MSPB Appeal

You must file your appeal with the MSPB regional or field office that serves the geographic area where your duty station was located at the time the action was taken. However, if the appeal involves a final decision by the Office of Personnel Management (OPM) concerning retirement benefits, or an adverse suitability determination, it should be filed with the regional or field office that has jurisdiction over your place of residence. For a complete list of MSPB regional and field office jurisdictions, refer to Appendix II of Part 1201 of the Board’s regulations. The MSPB has some helpful information listed here regarding the filing of appeals.

Electronic Filing of an MSPB Appeal

The MSPB e-Appeal system, is the most efficient and is the exclusive platform for electronic filing with the Board. If you prefer not to file your appeal electronically, you may download the MSPB Appeal Form and submit it using traditional methods, such as postal mail. While using the Appeal Form or the e-Appeal Online application helps ensure that all required information is included, use of the form is not mandatory.

At our law firm, we utilize the electronic filing system from the initial filing through the conclusion of the appeals process. Regardless of the method used, an appeal must be submitted in writing and must contain all the information required under 5 C.F.R. § 1201.24(a). Specifically, § 1201.24(a) provides that all appeals must include the following:

1. The name, address, and telephone number of the appellant, and the name and address of the agency that took the action;
2. A description of the action the agency took and its effective date;
3. A request for hearing if the appellant wants one;
4. A statement of the reasons why the appellant believes the agency action is wrong;
5. A statement of the action the appellant would like the judge to order;
6. The name, address, and telephone number of the appellant’s representative, if the appellant has a representative;
7. Where applicable, a copy of the notice of proposed action, the agency decision being appealed and, if available, the SF-50 or similar notice of personnel action. No other attachments should be included with the appeal, as the agency will be submitting the documents required by 1201.25 of this part, and there will be several opportunities to submit evidence and argument after the appeal is filed. An appellant should not miss the deadline for filing merely because he or she does not currently have all of the documents specified in this section.
8. A statement telling whether the appellant or anyone acting on his or her behalf has filed a grievance or a formal discrimination complaint with any agency regarding this matter; and
9. The signature of the appellant or, if the appellant has a representative, of the representative. If the appeal is electronically filed, compliance with § 1201.14 and the directions at the Board’s e-Appeal site (https://e-appeal.mspb.gov) satisfy the signature requirement.

Procedures Following an MSPB Appeal

The Administrative Judge assigned to the case will issue an Acknowledgment Order to the appellant, their representative (if any), and the agency. This order serves to officially notify all parties of the appeal and transmits a copy of the appeal to the agency. It also directs the agency to submit a written response explaining the reasons for the personnel action being challenged, along with all documents contained in the official agency record related to the action.

As the case proceeds, the Administrative Judge will issue additional orders and notices regarding required pleadings and procedural deadlines. Pleadings may be submitted electronically via the MSPB’s e-Appeal Online system, or by regular mail, fax, or personal/commercial delivery. Following a hearing, or, if no hearing is requested, after the close of the written record, the Administrative Judge will issue an initial decision.

A well-prepared submission significantly improves a federal employee’s chances of either successfully litigating the case or reaching a favorable settlement. A clear and thorough appeal gives the Administrative Judge the context needed to assess the claims early on and ensures proper understanding of the legal arguments from the outset, which facilitates settlement discussions.

Conversely, if the appeal lacks clarity or detail, the Administrative Judge may overlook key issues, diminishing the focus on the case and weakening its presentation throughout the process. For these reasons, our firm strongly recommends that federal employees seek legal counsel to review and prepare the initial appeal to ensure it meets all procedural requirements.

Contact Us

Berry & Berry, PLLC represents current and former federal employees in employment, administrative, labor union, and security clearance matters, both nationwide and abroad. To learn more or to schedule a consultation, please visit our website at www.berrylegal.com or call us at (703) 668-0070.