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I was rejected for FERS and CSRS. Could an attorney help me?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
When you are rejected by FERS or CSRS and disability benefits are denied, it is important to immediately consult with an attorney. The attorney should become involved before you appeal the rejection of benefits to insure the appeal is prepared according to the regulations and in a way that gives you the greatest chance of success.
Attorney Should Coordinate Appeal
There can be a number of reasons why federal disability claims are rejected by the Office of Personnel Management (OPM) at the initial stage. The reasons range from incorrect completion of the Applicant’s Statement of Disability Standard Form to lack of doctor and supervisor coordination over issues related to your disability.
Though it is beneficial to have an attorney involved in the initial request for retirement benefits, many people believe they can handle the complex process themselves. Once a rejection is received it is imperative that you quickly consult with an attorney who can coordinate the preparation of the Request Reconsideration.
There is a strict 30 day deadline that must be met for filing the appeal and the attorney needs time to review all of the medical records, original application, denial letter and your employment situation. The attorney can then use knowledge of the law to persuade the OPM appeals unit to accept arguments for entitlement to disability benefits.
If the Request Reconsideration is denied then litigation may be considered depending on your situation.
Get Legal Advice
It is important to get legal advice once you receive your denial letter. The 30 day period for filing an appeal begins with the receipt of the denial letter meaning there is not much time for accomplishing a full review of your disability retirement benefits request and appeal.
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