FERS Disability Reconsideration Letter: What to Write and How to Structure It

Your reconsideration letter is not a general plea for OPM to look at your case again. It's a structured brief that addresses every specific finding in your denial letter, pairs each finding with new or supplemental evidence, and cites the regulatory and legal standards that support your entitlement. OPM's Legal Reconsideration Branch assigns your case to a different medical specialist than the one who initially denied it — a fresh set of eyes, but only as useful as the evidence you put in front of them.

Structure That Works

Open with a clear statement: you are requesting reconsideration of OPM's initial decision dated [date], Case Number [number], denying your application for FERS disability retirement under 5 CFR Part 844. Then organize the body around each denial finding, in the order OPM listed them.

For each denial finding, include three elements:

1. Restate OPM's specific objection, quoting the denial letter verbatim.
2. Identify the supplemental evidence you're providing to address that objection — new physician statements, updated clinical records, agency certifications, or test results.
3. Cite the regulatory standard or case law that supports your position.

If OPM cited "lack of objective medical evidence" and your agency removed you for medical inability, invoke the Bruner presumption — Bruner v. OPM, 996 F.2d 290 (Fed. Cir. 1993) — which shifts the burden of production to OPM. Under Garland v. OPM, No. 24-2291 (Fed. Cir. Apr. 22, 2026), OPM cannot rebut that presumption merely by asserting a lack of objective medical evidence.

What to Include With the Letter

Your letter alone isn't enough. The reconsideration package should include:

• An updated SF 3112C physician statement that directly maps your functional limitations to the essential duties in your position description
• Any new diagnostic records, clinical evaluations, or specialist reports obtained since the initial application
• If applicable, a supplemental SF 3112D from your agency documenting that reasonable accommodation and reassignment efforts have been exhausted
• Your complete position description, annotated to show which duties your condition prevents you from performing
• A copy of your OPM denial letter with each finding highlighted

Filing Mechanics

The reconsideration request must be received — not postmarked — by OPM's Legal Reconsideration Branch within 30 calendar days from the date of OPM's initial decision. Mail it to OPM Legal Reconsideration Branch, Room 3349, 1900 E Street NW, Washington, DC 20415-0001. Send it by USPS Certified Mail with Return Receipt Requested or tracked commercial delivery to establish proof of receipt.

If your supplemental medical evidence won't be ready before the 30-day deadline, file the letter on time and explicitly reserve the right to submit additional evidence. Include an estimated date for the supplemental materials and a brief explanation for the delay. OPM will issue an acknowledgment setting a firm cutoff date.

Common Mistakes That Weaken Your Brief

Repeating the same evidence without addressing OPM's specific objections. If OPM said your medical documentation was insufficient and you resubmit the same physician letters without supplemental detail, the result will be the same.

Writing an emotional narrative instead of a regulatory argument. Your experience matters, but the reconsideration reviewer evaluates evidence against the five statutory criteria in 5 CFR § 844.103. Structure your letter around those criteria, not around your personal story.

Ignoring the administrative findings. If OPM cited problems with the agency's accommodation or reassignment certification, your medical evidence alone won't fix the denial. You need updated SF 3112D documentation from your agency.

The FERS Disability Denial Appeal Guide includes a complete reconsideration brief drafting framework with citation templates for Bruner, Garland, and all five regulatory criteria.

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