OPM’s Denial of a FERS Federal Disability Retirement application can be a disheartening encounter. OPM does a thorough job these days of selectively extrapolating portions of medical notes and records, isolating each one, then minimizing them in order to arrive at a singular conclusion: You have no case.
Not only that, the tone and tenor of the Denial Letter will make you believe that — not only do you not have a case, but — You never had one; it is so weak that it is a wonder that you ever even thought you had a case; and, moreover, to even request for reconsideration is an act of futility.
How do you counter such a denial? The first and most important step is to recognize that OPM’s denial of a Federal Disability Retirement application is meant to make you feel like you never had a case. That way, a certain percentage of denied Federal Disability Retirement applicants will simply walk away without ever filing for Reconsideration.
Oh — of course, they will at the end of a Denial Letter inform you of your “right” to file for reconsideration, but that is after itemizing a litany of reasons why you have no case at all.
The second important step is to contact an attorney who specializes in Federal Disability Retirement Law. For, in the end, how you counter an OPM Denial of a Federal Disability Retirement application is by applying the LAW, and only a specialist in Federal Disability Retirement Law will be able to effectively counter OPM’s denial.
Sincerely,
Robert R. McGill
FERS Disability Attorney
OPM Disability Retirement, Et Cetera… 