Updated
Updated · Federal News Network · May 20
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?