Federal Circuit Eases Disability Retirement Denials in 2016 OPM Case as Subjective Evidence Gains Weight
Updated
Updated · Federal News Network · May 20
Federal Circuit Eases Disability Retirement Denials in 2016 OPM Case as Subjective Evidence Gains Weight
1 articles · Updated · Federal News Network · May 20
An April Federal Circuit ruling said OPM cannot deny disability retirement solely because a federal worker lacks objective medical evidence if that worker was already removed for medical inability to perform.
The precedential decision requires agencies to weigh subjective evidence—such as symptom-based psychiatric diagnoses—rather than treating missing lab tests, prescription lists or other objective records as dispositive.
Tracey Garland’s case drove the ruling: OPM removed her in 2016, then denied retirement benefits despite diagnoses of major depression, anxiety and insomnia; the court reversed a 2024 MSPB decision that upheld that denial.
The decision strengthens the Bruner presumption, under which workers separated for medical inability to perform are presumed eligible and OPM bears the burden of proving they do not qualify.
Lawyers said the change could matter most for psychological or less visibly physical disabilities, where objective documentation often captures only part of a worker’s condition.
How does a new court ruling change the fight for disability benefits for federal workers with invisible illnesses?
With disability claims now easier to prove, is the federal retirement system prepared for a potential surge?