If your FERS Disability Retirement claim is denied, don't worry, you have appeal rights! You can submit an appeal for reconsideration within 30 days from the date posted on your denial letter. When requesting a reconsideration you have three options, you can request a review of the evidence already provided in your file, or you can submit additional evidence to support your claim, or you can request a 30-day extension to gather new evidence to solidify your claim. Keep in mind that regardless of which option you choose, your case will be assigned to a different medical specialist for review. Additionally, if you are denied at reconsideration you can appeal to the Merit Systems Protection Board (MSPB) within 30 days and have your claim reviewed by the board
What happens if my application for first disability retirement is denied?
If your first disability retirement claim is denied, don't worry. You have appeal rights.
You can submit an appeal for reconsideration within 30 days from the date posted on your
denial letter. When requesting a reconsideration, you have three options. You can request a review
of the evidence already provided in your file, or you can submit additional evidence in support of
your claim. Or you can request a 30-day extension to gather new evidence to solidify your claim.
Keep in mind that regardless of which option you choose, your case will be assigned to a
different medical specialist for review. Additionally, if you are denied at reconsideration,
you can appeal to the Merit Systems Protection Board, also known as the MSPB, within 30 days
and have your claim reviewed by the board. Overall, just know that denials are common,
and just because you're denied does not mean that you won't get approved.
This is when it's critical to have a legal team on your side to navigate your situation.
