OPM Disability Retirement Attorney for Federal Employees
You may be able to prepare an initial application on your own. But a denial changes what comes next. An OPM disability retirement attorney can read the decision, identify the gaps in the record, and prepare a focused response before the deadline.
No attorney controls OPM's decision. We help you present a clear, medically supported record that addresses the issues OPM will review.
Federal Employment Counsel for Every OPM Stage
If you are a federal employee considering disability retirement, the Law Office of Justin Schnitzer can help you navigate the OPM process from your initial application through reconsideration and, if necessary, an appeal to the Merit Systems Protection Board (MSPB). The firm represents federal employees nationwide and helps you understand what OPM needs to see at each stage of your claim.
Because every applicant uses the same OPM forms, building a strong disability retirement case involves more than simply completing the paperwork. Your medical records, position description, personal statement, physician statement, and agency records should work together to explain why your medical condition prevents you from performing the duties of your federal position. An OPM disability retirement attorney can help you build that record so the evidence supports a clear and consistent account of your situation.
If OPM denies your application, the firm can continue representing you through reconsideration and, after a final denial, an appeal to the MSPB. Justin Schnitzer leads the firm’s litigation practice at the MSPB stage, while the claims and case-management team works with you earlier in the process to develop the record OPM will review.
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When Legal Help Can Make a Difference
Some federal employees complete a straightforward application without counsel. An OPM disability retirement attorney becomes more useful when the evidence is incomplete, the agency record is disputed, or OPM has already explained why it denied the claim.
Your medical records do not explain your work limits.
A diagnosis identifies a condition. It does not automatically show why you cannot perform your position. An OPM disability retirement attorney can compare your documented restrictions with the duties OPM must evaluate.
Your accommodation history is incomplete.
OPM looks at whether your agency could accommodate you or reassign you at the same grade or pay level. If that process ended early or is poorly documented, the application may need to explain what happened and why.
OPM has denied the initial application.
The denial tells you which parts of the record OPM found insufficient. Reconsideration is the final review within OPM, so this is a critical point to answer the decision and strengthen the evidence.
Three Documents, One Evidentiary Story
An OPM disability retirement attorney helps each document serve a distinct purpose while supporting the same claim.
Organizes the evidence around OPM's legal standard. It shows how the documents fit together and where each requirement is supported.
Explains how documented medical restrictions affect the position. Any proposed language must be reviewed, revised as needed, adopted, and signed independently by the treating provider.
Describes what changed, which duties you can no longer perform, and what happened during efforts to accommodate or reassign you.
How an OPM Disability Retirement Attorney Guides Each Stage
Build the application record.
Start with the documents OPM will rely on: medical evidence, your position description, personal and physician statements, agency forms, and proof that you filed for Social Security disability benefits.
File through the right channel.
Current employees generally apply through their agency's human resources office. If you have been separated for more than 30 days, you apply directly through OPM's Online Retirement Application platform.
Review OPM's initial decision.
If OPM approves the claim, benefit processing begins. If OPM denies it, the decision should identify the evidence reviewed and the reasons the application fell short.
Request reconsideration.
The response should address the denial point by point and add evidence where needed. The request is generally due within 30 calendar days.
Appeal a final denial to the MSPB.
If OPM issues a final denial, you can appeal to the Merit Systems Protection Board. An administrative judge then reviews the dispute.
The Record Must Connect Condition to Position
An OPM disability retirement attorney looks for gaps between the medical evidence, your job duties, and the agency record. Finding those gaps early gives you a chance to address them clearly.
A diagnosis without work limitations
The records name the condition but do not explain which duties you cannot perform. A more forceful description of the diagnosis will not fill that gap. Medical evidence showing functional limits can.
Job limitations without medical support
Your statement describes serious limitations, but the provider's notes do not document them. A physician statement should clarify the treatment record, not go beyond what the provider can support.
An incomplete accommodation history
The record should explain what accommodation or reassignment efforts occurred and why they did not allow you to continue working in your position.
Difficult facts without context
Treatment gaps, medication issues, attendance problems, or strong performance reviews may raise questions. They should not be ignored. When the evidence supports an explanation, counsel can place those facts in context.
A denial creates a deadline and a roadmap
The decision explains what OPM found missing. Reconsideration is your opportunity to answer those points before the claim moves outside OPM.
Every document should support the same account
The cover letter, personal statement, physician support, medical notes, position description, and agency record should align. A contradiction in one document can weaken the others.
OPM's 2026 Digital Shift Changed the Portal, Not the Proof
On July 1, 2026, OPM ended paper processing for more than 95 percent of federal retirement applications. Its Online Retirement Application platform now supports digital uploads, prefilled service data, annuity estimates, and status tracking.
If you have separated from federal service, you can use OPM’s Documents Request Service to request your electronic Official Personnel Folder. OPM recommends waiting at least 30 days after separation so the file can include your final records.
The portal makes filing easier, but it does not make the evidence stronger. An OPM disability retirement attorney still needs to connect your medical and employment records to the legal standard.
Compare the Retainer, the Team, and the Appeal Scope
Before hiring an OPM disability retirement attorney, find out what the agreement covers, who will do the work, and what happens if OPM denies the application.
Understand what is included
- Does the fee cover only the initial application, or reconsideration too?
- Who reviews your position description and medical records?
- How will the team work with your treating provider?
- Would an MSPB appeal require a separate agreement?
Know what happens after a denial
- Who will review each reason OPM gives?
- Who will coordinate additional evidence?
- Can the same firm handle an MSPB appeal?
- Does the firm avoid promising results it cannot control?
Exact fee and consultation language remain subject to client confirmation.
Meet Your OPM Disability Retirement Legal Team
Your OPM disability retirement attorney works within a legal team that can carry a claim from record development through reconsideration and, when necessary, an MSPB appeal.
Justin is an OPM disability retirement attorney who has represented federal employees since 2013. His work includes MSPB cases that follow final OPM decisions.
Elizabeth represents federal employees as part of the firm's federal employment practice.
Jordan represents federal employees as part of the firm's federal employment practice.
Phil serves as of counsel in the firm's federal employment practice.
OPM Disability Retirement Attorney: Questions Federal Employees Ask
When should I hire an OPM disability retirement attorney?
Consider speaking with counsel before filing if your medical records do not clearly connect your restrictions to your job duties. After an initial denial, act quickly. A request for reconsideration generally must reach OPM within 30 calendar days.
What does an OPM disability retirement attorney do?
Fedelaw reviews your position description and medical records, prepares the legal cover letter, and helps refine your personal statement. The firm may also prepare proposed language for your physician to review, revise, adopt, and sign independently.
Can an attorney guarantee OPM approval?
No. OPM controls the decision. A lawyer can strengthen the presentation of your claim, but no firm can honestly guarantee approval before OPM reviews the evidence.
What should I ask about the fee?
Ask for a written explanation of what the retainer covers and who will handle each part of the work. Confirm whether reconsideration or an MSPB appeal would require a separate agreement.
Can Fedelaw help after an OPM denial?
Yes. The firm handles requests for reconsideration and MSPB appeals. Because the decision notice sets the deadline, send the complete letter to counsel as soon as possible.
Does OPM disability retirement cover USPS employees?
Yes. Eligible USPS employees can apply under FERS disability retirement rules. As with other federal positions, the medical evidence must show how the condition affects the employee’s actual duties.
Areas We Serve
OPM disability retirement follows federal law, so help is not limited by state lines. The firm represents eligible federal and postal employees across the country.
Washington, D.C.
Federal employeesVirginia
Federal employeesMaryland
Federal employeesPennsylvania
Federal employeesCalifornia
Federal employeesTexas
Federal employeesFlorida
Federal employeesGeorgia
Federal employeesNew York
Federal employeesColorado
Federal employeesWhat Federal Employees Say
Talk to an OPM Disability Retirement Attorney Before Reconsideration Is Due
If you are preparing an application, have your medical records and position description ready. If OPM has denied the claim, bring the complete decision letter. Those documents show what the record already supports, what may be missing, and how much time remains to respond.
Call 202-964-4878