How to Write an OPM Reconsideration Brief for Disability Retirement

The reconsideration brief is the centerpiece of your response to an OPM disability denial. It's not a form or a template you fill in — it's a structured written argument that directly addresses each finding in OPM's denial letter, cites the applicable regulations, and presents your supplemental evidence. A clear, evidence-based brief gives OPM a focused record to review.

Structure of an Effective Reconsideration Brief

Your brief should follow a logical sequence that mirrors how OPM's Legal Reconsideration Branch evaluates cases. Start with the procedural background, address each denial ground, and close with a clear request for relief.

1. Caption and procedural history. Identify yourself, your CSA claim number, the date of OPM's initial denial, and the date you received it. State that OPM must receive your request within 30 calendar days from the date of its initial decision under 5 C.F.R. § 841.306(d)(1).

2. Statement of facts. Briefly describe your federal position (title, series, grade), the medical condition at issue, and the timeline of your disability retirement application. Reference your position description and the essential functions that your condition prevents.

3. Point-by-point rebuttal. This is the heart of the brief. Take each finding from OPM's denial letter — quote it verbatim — and respond with specific evidence and legal argument.

4. Legal authority. Cite the regulations and case law that support your position. The most important citations for disability reconsideration:

• 5 C.F.R. § 844.103 — the five eligibility criteria
• Bruner v. OPM, 996 F.2d 290 (Fed. Cir. 1993) — if your agency separated you for medical inability
• Garland v. OPM (Fed. Cir. Apr. 22, 2026) — if OPM dismissed your medical evidence as lacking objective findings
• Trevan v. OPM, 69 F.3d 520 (Fed. Cir. 1995) — if you've received an SSDI approval

5. Request for relief. Explicitly ask OPM to reverse its initial denial and approve your FERS disability retirement application.

Responding to Common Denial Findings

OPM denial letters use standardized language. Here's how to respond to the most frequent findings:

"Insufficient clinical documentation." OPM says your physician's statement didn't establish a qualifying medical condition. Your rebuttal should attach an updated SF 3112C with clinical findings that meet established diagnostic criteria, and cite Garland if OPM demanded objective test results for a condition that's diagnosed clinically (psychiatric conditions, fibromyalgia, chronic fatigue).

"No causal nexus between condition and service deficiency." OPM says you didn't connect your diagnosis to specific duty failures. Your rebuttal should include a physician nexus letter that maps each essential function in your position description to the specific limitation caused by your condition, with an expected duration statement.

"Accommodation was not shown to be impossible." OPM says the agency didn't adequately certify that reasonable accommodation and reassignment were explored. Work with your agency's disability program manager to supplement SF 3112D with documentation of specific accommodations attempted, accommodations considered and rejected with reasons, and confirmation that no vacant positions existed at the same grade or pay within the commuting area.

"Condition not expected to last one year." OPM says the evidence doesn't show your condition will prevent service for at least 12 months. Your physician needs to provide a prognosis statement — based on the nature of the condition, treatment history, and clinical trajectory — explaining why the disability is expected to persist for at least one year.

What Not to Include

Keep your brief focused on OPM's regulatory criteria. Don't:

• Make emotional appeals about financial hardship (the Legal Reconsideration Branch evaluates medical and legal evidence, not sympathetic circumstances)
• Include evidence about conditions not in your original application without connecting them to the denial
• Argue about the fairness of OPM's process — argue about the evidence
• Promise that you'll "never work again" — FERS disability only requires inability to serve in your specific position, not total disability

Filing Your Brief

Send your complete reconsideration package — the brief, updated SF 3112 forms, supplemental medical evidence, and any supporting documents — to OPM's Legal Reconsideration Branch, Room 3349, 1900 E Street NW, Washington, DC 20415-0001. Use USPS Certified Mail with Return Receipt Requested.

If your brief and evidence aren't fully assembled within the 30-day deadline, file a preliminary request within the window that explicitly reserves the right to submit supplemental evidence, describes what additional documentation you're preparing, provides an estimated submission date, and briefly explains the delay.

The FERS Disability Denial Appeal Guide includes a structured framework for building your reconsideration brief, with section-by-section guidance, legal citation templates, and a cross-reference checklist that maps each OPM denial ground to the evidence and arguments needed to rebut it.

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