OPM: Federal Disability Retirement Attorneys
Last updated on October 6, 2026
Securing Federal Employees Retirement System (FERS) disability retirement through the Office of Personnel Management (OPM) provides vital financial protection. Unfortunately, getting approval can be difficult.
At Southworth PC, our federal disability retirement attorneys are passionately protecting federal civil service employees nationwide and Department of Defense (DOD) personnel worldwide. With offices in Atlanta, Dallas, and Washington, D.C., we assist clients in all 50 states and regularly represent Department of Defense employees stationed overseas. We offer a free initial case assessment to help you secure the OPM disability retirement benefits you deserve.
FERS Disability Eligibility Criteria
Qualifying for federal disability retirement requires meeting explicit statutory standards set by OPM. Before submitting your application, you must establish that your medical condition directly prevents you from performing your duties by satisfying the following core criteria:
- Service requirement: 18 months of creditable civilian service under FERS
- Timeline of condition: The condition must be expected to last for at least one year
- Impact on service: Condition causes a deficiency in performance, conduct or attendance
- Medical accommodation requirement: The agency cannot reasonably accommodate your medical condition in your current position
Meeting all four criteria is nonnegotiable for OPM approval. If your medical records fail to clearly document every element, the agency may reject your claim.
Applying For FERS Disability Retirement Benefits
Pursuing OPM disability retirement involves a strict administrative process where procedural errors can stall your benefits for months. Applicants must navigate the following key stages of the application and appeals framework:
- Initial application assembly: You must complete the required forms and collect proper documentation. Submit through your agency if currently employed or directly to OPM within one year if separated.
- OPM reconsideration phase: If the agency denies your initial application, you have 30 days to request reconsideration. This phase allows you to submit supplemental medical evidence directly addressing OPM’s specific grounds for denial.
- MSPB appeal: If OPM issues a final negative reconsideration decision, you can appeal to the Merit Systems Protection Board (MSPB). During this process, an administrative judge evaluates your evidence during a formal hearing.
Managing these stages effectively requires strict adherence to legal deadlines and clear medical documentation. Having an experienced attorney handle your filings may help you establish a strong case.
Common Questions About Federal Disability Retirement
Below are answers to frequent questions federal workers ask about FERS disability retirement:
Can I apply for FERS disability retirement if I have already been separated from federal service?
Yes, provided you file your application with OPM within exactly one year from your official separation date.
Do I have to apply for Social Security Disability Insurance (SSDI) as well?
Yes, OPM requires all FERS disability retirement applicants to apply for SSDI before approving their claim, though you do not need to be approved by Social Security to receive OPM benefits.
How long does OPM take to process a federal disability retirement application?
OPM typically takes between six and 12 months to process and render a decision on an initial application. However, the exact timeline depends on the agency’s current case backlog and whether it requests additional medical records.
Understanding these rules allows you to build a strong application and reduce the risk of rejection or procedural delays.
Talk To Our Federal Disability Retirement Attorneys Today
Our attorneys help federal employees nationwide secure the FERS disability retirement benefits they earned. Contact our legal team today for help at 888-899-7284 or complete this form to set up an appointment.