How Long Does FERS Disability Reconsideration Take at OPM?

You filed your reconsideration within the 30-day window, included supplemental medical evidence, and mailed everything certified. Now you wait. The financial pressure doesn't stop while OPM processes your case, and knowing the realistic timeline helps you plan — or know when it's time to escalate.

Current Processing Times

As of mid-2026, OPM's Legal Reconsideration Branch averages 6 to 9 months to process a Request for Reconsideration. Your case gets assigned to a completely different medical specialist than the one who reviewed your initial application, which means a fresh read of the entire file — the original submission plus your supplemental evidence.

Processing time depends on the complexity of the medical record, whether OPM requests additional information from you or your agency, and the Branch's current caseload. Cases with voluminous medical files or multiple diagnosed conditions tend to take longer. Cases where the supplemental evidence directly addresses every finding in the denial letter — with no gaps left for OPM to investigate — tend to move faster.

The 30-Day Filing Deadline

The 30-day clock under 5 CFR 841.306(d)(1) is strict. Your reconsideration request must be received by OPM — not postmarked — within 30 calendar days from the date of the initial decision. Use USPS Certified Mail with Return Receipt Requested or tracked commercial delivery to establish proof of timely receipt.

If your supplemental evidence isn't ready within 30 days, file the reconsideration request on time and explicitly reserve the right to submit additional evidence. Include a description of what's coming, an estimated date, and a brief explanation for the delay. OPM will send an acknowledgment setting a firm cutoff date for additional submissions.

Under 5 CFR 841.306(d)(2), OPM may extend the 30-day deadline — but only if you demonstrate in writing that you were either not notified of the time limit and were unaware of it, or you were prevented by circumstances beyond your control from filing on time. This is a narrow exception; "I needed more time to gather evidence" doesn't qualify.

What to Do If OPM Takes Too Long

OPM doesn't guarantee a specific processing timeline. But administrative case law recognizes a remedy when OPM's delay becomes unreasonable. When OPM fails to render a decision on a timely filed reconsideration request for an extended period — case law has treated delays exceeding 18 months as unreasonable — you can file an MSPB appeal based on "constructive denial."

The MSPB assumes jurisdiction because OPM's inaction effectively denies your statutory right to review. Appeals filed before the 18-month threshold without a final OPM decision are generally dismissed as premature, so timing matters.

If you're at the 12-month mark with no decision, consider a Congressional inquiry through your representative's office. Congressional inquiries don't change OPM's decision, but they can prompt OPM to prioritize reviewing a file that's been sitting in the queue.

Managing Finances During the Wait

The reconsideration period adds 6 to 9 months on top of the 6 to 9 months the initial application already took. If you're separated from service, that's potentially 12 to 18 months without a federal salary while your application is under review. If you're still on the rolls, you're likely on LWOP after exhausting sick and annual leave.

Plan for the full timeline. If you have the Bruner presumption (agency removed you for medical inability), your case is stronger — but stronger doesn't mean faster. OPM processes cases in approximately the order they're received, with limited prioritization.

The FERS Disability Denial Appeal Guide includes a financial planning framework for the reconsideration wait, along with the constructive denial filing template and Congressional inquiry protocol.

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