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<\/a><\/p>\n Drew Friedman<\/a>@dfriedmanWFED<\/a><\/p>\n \n May 20, 2026 6:32 pm <\/p>\n 3 min read<\/p>\n Some federal employees may now have an easier time qualifying for disability retirement benefits, following a recent precedential decision from the U.S. Court of Appeals for the Federal Circuit.<\/p>\n In April, the court ruled<\/a> that federal employees\u2019 disability retirement applications cannot be denied solely based on a lack of \u201cobjective\u201d medical evidence. The ruling applies in cases where federal employees have already been removed from their jobs due to a \u201cmedical inability to perform.\u201d<\/p>\n Objective documentation, like lab tests or prescription lists, can support an argument but cannot be the sole basis for denying claims, the court said. \u201cSubjective\u201d medical evidence, like a diagnosis based on self-described symptoms, must also be considered. If employees\u2019 disability retirement claims rely on subjective evidence, they won\u2019t automatically be denied benefits.<\/p>\n The decision last month overturned a 2024 ruling from the Merit Systems Protection Board, which had upheld the Office of Personnel Management\u2019s denial of a disability retirement application from a former OPM employee in 2016.<\/p>\n ]]><\/p>\n \u201c[The new decision] helps protect employees in a lot of ways for disability retirement applications,\u201d said Christopher Bonk, partner at Gilbert Employment Law and attorney for the OPM employee. \u201cIf somebody is in a position where they\u2019re not able to put forward copious notes and lists and present all that to OPM as part of a disability retirement application, they\u2019re not going to be penalized for it.\u201d<\/p>\n The appeals court\u2019s ruling may be especially critical in cases involving federal employees with psychological disabilities.<\/p>\n \u201cIn most situations where a disability is less physically obvious, there\u2019s a reliance \u2014 reasonably so \u2014 on subjective medical evidence,\u201d Bonk said. \u201cPure objective medical evidence is not always going to be the full story there.\u201d<\/p>\n Federal employees can qualify for disability retirement<\/a> if they cannot continue working due to a long-term disability, while also meeting other stringent eligibility requirements. In most cases, federal employees must prove their eligibility to receive disability retirement benefits. OPM reviews all federal employee applications for disability retirement benefits.<\/p>\n But if employees have already been removed from their jobs for a \u201cmedical inability to perform,\u201d they are presumed eligible for the benefits. A rule known as the Bruner presumption lets federal employees in that situation qualify for disability retirement benefits without needing to further prove their case. The burden of proof then falls to OPM to bring forth evidence showing an employee does not qualify.<\/p>\n The April appeals court decision involves the case of Tracey Garland, a former OPM employee whose disability retirement application was rejected despite being removed from her position in 2016 due to a disability. Garland had been diagnosed by a psychiatrist with major depression, anxiety and insomnia.<\/p>\n OPM, at the time, said because there was no objective medical documentation showing that Garland had a disability, she was not entitled to disability retirement benefits. OPM argued that subjective documentation from the employee\u2019s psychiatrist did not meet the eligibility requirements.<\/p>\n ]]><\/p>\n \u201cIt was a really unusual and surprising outcome,\u201d Bonk said. \u201cOPM itself separated her for\u00a0having a disability but then turned around saying she hadn\u2019t shown that she has a medical condition\u00a0that caused a disability.\u201d<\/p>\n After OPM rejected her disability retirement application, Garland appealed her case to the MSPB. In 2024, an administrative judge ruled in favor of OPM and upheld the application denial. Garland then filed a petition for review, eventually leading to the appeals court\u2019s precedential decision reversing the MSPB ruling.<\/p>\n Bonk said the April decision \u201creinforces\u00a0a guardrail for individuals who are moving\u00a0forward with disability retirement applications \u2014 it helps protect them from an improper\u00a0denial.\u201d<\/p>\n If you would like to contact this reporter about recent changes in the federal government, please email drew.friedman@federalnewsnetwork.com<\/a>\u00a0or reach out on Signal at drewfriedman.11<\/p>\n Copyright
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