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Legal Insider: How Federal Employees Can Increase Their Chances of Securing OPM Disability Retirement

By John V. Berry

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

Figuring out the federal bureaucracy can be daunting—especially when your health and finances are at stake. For federal employees whose medical conditions have rendered them unable to perform their job duties, OPM (Office of Personnel Management) disability retirement can provide an important option. However, the application process is rigorous and can be riddled with legal and procedural pitfalls. As federal employment attorneys who have guided many clients through this journey, we want to share a few strategies that can increase the likelihood of your OPM disability retirement application being approved.

1. Understand the Legal Requirements

Before anything else, you must meet the statutory requirements for OPM disability retirement under 5 U.S.C. § 8337 (CSRS) or § 8451 (FERS). The main criteria include:

  • You must have completed at least 18 months of creditable civilian federal service (FERS) or 5 years (CSRS).
  • You must have a medical condition expected to last at least one year that prevents you from performing “useful and efficient service” in your current position.
  • Your agency must be unable to accommodate your condition or reassign you to a comparable position within the same commuting area.
  • The disability must have arisen or worsened during your federal service.

Knowing and aligning with these requirements is the foundation of a successful application.

2. Provide Detailed Medical Documentation

Vague or insufficient medical records are the number one reason OPM disability retirement claims are denied. It is important to realize that your treating physician’s narrative must:

  • Clearly diagnose your condition.
  • Explain how the condition impairs your ability to perform essential duties.
  • State that the condition is expected to last at least one year.
  • Directly link your symptoms to specific job duties that are no longer feasible.

Don’t rely solely on forms—include comprehensive medical narratives, test results, family and friend letters, and specialist opinions where possible.

Pro Tip: Request that your doctor explicitly address your inability to perform useful and efficient service—a legal standard that OPM evaluates rigorously.

3. Develop a Strong Link Between Your Condition and Your Job Duties

OPM disability retirement adjudicators are not medical professionals; they evaluate your claim based on how your condition affects your ability to perform your job, not just whether you’re “sick.”

Include a copy of your official position description and annotate how your medical condition interferes with each major duty. For example:

  • If you’re a postal worker with a degenerative spine condition, emphasize how lifting and standing requirements are no longer feasible.
  • If you’re a claims examiner with severe cognitive impairments, explain how memory loss or concentration issues impact your analytical tasks.

4. Show That Accommodation or Reassignment Is Not Feasible

One critical element OPM evaluates is whether your agency attempted (or could reasonably have attempted) to accommodate your condition or reassign you.

You or your agency should document:

  • Whether any reasonable accommodations were tried (e.g., modified schedules, ergonomic tools).
  • Why those accommodations failed or were not feasible.
  • Whether your agency explored other positions at your grade and pay level.
  • Any efforts you made to engage in the accommodation or reassignment process.

If your agency initiates your removal due to medical inability to perform, request that the removal letter explicitly state that no accommodation or reassignment is possible. This can help and is known as the Bruner Presumption.

5. File in a Timely Manner

Timing is crucial. You must apply for OPM disability retirement:

  • Within one year of separating from federal service, or
  • Before separation if you are still employed.

Many applicants lose eligibility because they wait too long after resigning or being removed. It can be important to start the process while you are still on the agency’s rolls, if possible.

6. Prepare a Persuasive Applicant Statement (SF 3112A)

Your personal statement is your opportunity to tell your story. Explain:

  • How your condition affects your daily work.
  • The impact of treatments and medications.
  • Emotional or psychological tolls.
  • Why returning to full duty or finding another federal position is not realistic.

Use plain language but remain professional and factual. This is your chance to humanize the paperwork.

7. Seek Legal Guidance Early

An experienced federal disability retirement attorney can:

  • Review and strengthen your medical documentation.
  • Prepare legal arguments aligned with OPM case law.
  • Draft or review your SF 3112 forms.
  • Communicate with your agency and, if necessary, represent you on appeal to the MSPB (Merit Systems Protection Board).

Legal representation is particularly crucial if your agency is uncooperative or if your condition is difficult to classify (such as mental health disorders or chronic fatigue). Also, you need to be prepared with counsel should your initial filing be denied and you need to seek reconsideration.

Contact Us

Applying for OPM disability retirement can be critical when you are not well enough to continue your current federal duties. Being proactive, thorough, and strategic can significantly increase your chances of success. If you’re struggling with your health and your federal job is no longer sustainable, don’t wait. Begin building your case today—with clarity, documentation, and the right support. If you need assistance, please contact our firm at (703) 668-0070 or here.

Our law firm represents and advises federal employees in various employment law matters. If you need legal assistance regarding a federal employment matter, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation.

Biz Talk: Arlington emerging as a hub for dual-use innovation

By Sponsor
VCDC

This article is written and sponsored by Arlington Economic Development.

Arlington has long stood at the intersection of national security and innovation. With the Pentagon, Virginia Tech’s Innovation Campus, and leading defense contractors all located within its borders, the foundation is strong. Today, Arlington has been taking bold steps to lead in a critical new arena: dual-use technology — solutions that serve both commercial markets and national security needs.

To support this vision, Arlington Economic Development (AED) has partnered with VC in DC, VIPC and additional sponsors, Carta, CSC Leasing, JBG Smith, JP Morgan and Pillsbury to create and run Missions + Markets, a dynamic platform for dual-use innovation. This initiative features monthly startup demos, reverse pitches, and founder-focused content, all culminating in a signature matchmaking event that connects high-potential startups with aligned investors.

The inaugural event in April drew 85 applications from across the U.S. and Canada. Of those, 24 startups were selected to participate, engaging with more than 30 venture capital firms in over 80 pitch meetings — all in a single day. The energy was electric, and the results underscored Arlington’s growing role as a national hub for dual-use innovation.

Now, we’re preparing for round two on Tuesday, Oct. 21, 2025, and applications are officially open.

If you’re a dual-use founder seeking strategic investors and a community rooted in defense innovation, apply by Monday, Sept. 1.

Through initiatives like Missions + Markets and partnerships with organizations such as VC in DC, AED is working to establish Arlington and the broader DMV region as a premier destination to build cutting-edge, dual-use ventures that drive both innovation and economic growth.

If you would like to learn more about the local tech ecosystem or attend local events, please sign up for AED’s Innovation Ecosystem newsletter.

Just Reduced Properties in Arlington: August 6, 2025

By Sponsor

Each week, “Just Reduced” spotlights properties in Arlington County whose price have been cut over the previous week. The market summary is crafted by Arlington Realty, Inc. Maximize your real estate investment with the team by visiting www.arlingtonrealtyinc.com or calling 703-836-6000 today!

Please note: While Arlington Realty, Inc. provides this information for the community, it may not be the listing company of these homes.

As of August 4, there are 167 detached homes, 44 townhouses and 205 condos for sale throughout Arlington County. In total, 41 homes experienced a price reduction in the past week, including:

2512 N Harrison Street

Please note that this is solely a selection of Just Reduced properties available in Arlington County. For a complete list of properties within your target budget and specifications, contact Arlington Realty, Inc.

Ask Eli: Rental prices increase steadily in 2025

By Eli Tucker

This regularly scheduled sponsored column is written by Eli Tucker, Arlington-based Realtor and Arlington resident. If you would like to work with Eli and his team in Northern Virginia and the greater D.C. Metro area, you can reach him directly at [email protected].

Question: How has the rental market performed so far in 2025?

If you enjoy reading my columns, I would appreciate your vote for top real estate agent in Arlington Magazine’s “Best Of Arlington 2026” poll. Use this link to vote and don’t forget to include your other favorite local businesses and service providers. These recognitions mean a lot for local businesses.

Rental Prices Across Arlington Continue Higher

Local job uncertainty and economic headwinds were no match for rental prices in Arlington so far in 2025, with the average price of renting an apartment (condo), townhouse/duplex, and detached home all up and competition high across all three property types.

Over the past five years, the average rent price in Arlington is up 27.3% across all property types and 25.2% on a price per square foot basis. So far in 2025, the average price of all rentals is up 1.2%, but the average price per square foot is up 6.9%, which is likely a better reflection of actual rental price increases in 2025.

You can see my mid-year analysis on the for sale market for detached homes and condos, here and here.

Highlights and Data Table

Here are some highlights from the data table (keep in mind that 2021-2024 includes 12 months of data, but 2025 is just 7 months of data):

  • The average rent for an apartment (condo) is up 5.9% compared to last year and up 29.6% over the past five years
  • The average rent for a detached home is up 2.1% compared to last year and up 23.4% over the past five years
  • The average rent for a townhouse/duplex is up 2% compared to last year and up 22.8% over the past five years
  • The five year increase in average rent for apartments (condos) and detached homes is much higher than the increase in average price to purchase a condo (6%) and detached home (15.5%) over the past five years
  • While the average price of renting in North Arlington is about 16% higher than is South Arlington, the rate of annual rent growth is similar across both regions of the county
  • Renting a detached home or townhouse/duplex was moderately more competitive than renting an apartment (condo), with nearly 50% of detached and townhouse/duplex properties renting within ten days on market, compared to just over one third of apartments

A table with numbers and percentages AI-generated content may be incorrect.

About the Data

The data above is rental data from the MLS in Arlington over the last five years. Note that very few commercial apartment buildings list in the MLS so this data is limited to non-commercially owned rentals (for apartments, that is mostly individually owned condos).

Further, it’s difficult to say what percentage of non-commercially owned properties go through the MLS for rent but I would guess that it’s about half of rented apartments (condos), but likely a majority if detached and townhouse properties. Despite the limited data set, we still have more than enough information available through the MLS to generate outputs that represent the true rental market.

Upcoming (pre-market) ERG Listings, Details and Additional Listings Available by Request

  • Falls Church – 5BR/3BA/2,170 sqft – Detached Single Family (1950) – Bolling Rd Falls Church VA 22042
  • Falls Church City – 4BR/4.5BA/3,000+ sqft – End-unit townhouse (1995) – Rees Pl Falls Church VA 22046
  • Arlington Ridge/Aurora Hills – 3BR/2.5BA/2,450sqft – Detached Single Family (1961) – S Grove St Arlington VA 22202
  • Yorktown – 6BR/6.5BA/6,000+ sqft – Detached Single Family (2026) – N Greencastle St Arlington VA 22207
  • Rosslyn – 2BR+den/2.5BA/2,000+ sqft – Condo (2021) – 1781 N Pierce St Arlington VA 22209

Eli and his team believe that your real estate needs should be managed by advisors, not salespeople. Their mission is to guide, educate, and advocate for their clients through real advice, hands-on support, and personalized service.

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Most and least expensive homes sold in Arlington (July 2025)

By Val Connolly

This recurring Most and Least Expensive Home feature is sponsored by The Eli Residential Team. Their mission is to guide, educate, and advocate for their clients through real advice, hands-on support, and personalized service. This week’s post is written by Val Connolly.

Curious about Arlington’s priciest and most affordable single-family home sales this month?

From stunning luxury new builds to great budget-friendly finds, here’s a breakdown of the highest and lowest sales in July (2025).

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Most expensive single-family homes sold

1/3

Least expensive single-family homes sold

*Minimum home value of $200,000 set to exclude certain land sales, retirement condos, properties with expiring ground leases, etc.

If you have any questions about these listings or want to explore buying or selling in Arlington, feel free to reach out to Val Connolly.

Eli and his team believe that your real estate needs should be managed by advisors, not salespeople. Their mission is to guide, educate, and advocate for their clients through real advice, hands-on support, and personalized service.

Schedule a meeting

Small Business Focus: Thinking of starting a business in Arlington? BizLaunch has you covered!

By BizLaunch
BizLaunch

This article is written and sponsored by Arlington Economic Development.

Have a business idea but not sure where to begin? Tired of making money for someone else and ready to write your own paycheck? Arlington Economic Development’s BizLaunch team is here to help you turn your entrepreneurial dreams into reality.

BizLaunch offers free tools, guidance and connections to help entrepreneurs start and grow their businesses. Whether you’re launching a tech startup, opening a retail shop or starting a home-based business, make BizLaunch your first stop.

One of the most helpful tools BizLaunch offers is the Small Business Checklist — a comprehensive, step-by-step guide that walks you through everything you need to know to start a business in Arlington. From choosing a legal structure to securing permits and licenses, the checklist simplifies the process and helps you stay organized.

But BizLaunch and our suite of offerings is more than just a checklist. Entrepreneurs can access:

BizLaunch also works closely with additional Arlington County departments to help you navigate local regulations and access the right resources. As a division of Arlington Economic Development, BizLaunch is uniquely positioned to support businesses at every stage of their journey.

Why Arlington?

The County offers a dynamic business environment, a highly educated workforce and a strong commitment to innovation and entrepreneurship. Whether you’re setting up shop in Ballston, Crystal City or Columbia Pike, Arlington is a great place to start and/or grow your business — and BizLaunch is here to help you every step of the way.

Ready to get started?

Download the Small Business Checklist and explore all the resources BizLaunch has to offer at www.bizlaunch.org. Your business journey starts here.

Click Here

Just Reduced Properties in Arlington: July 30, 2025

By Sponsor

Each week, “Just Reduced” spotlights properties in Arlington County whose price have been cut over the previous week. The market summary is crafted by Arlington Realty, Inc. Maximize your real estate investment with the team by visiting www.arlingtonrealtyinc.com or calling 703-836-6000 today!

Please note: While Arlington Realty, Inc. provides this information for the community, it may not be the listing company of these homes.

As of July 28, there are 191 detached homes, 55 townhouses and 204 condos for sale throughout Arlington County. In total, 38 homes experienced a price reduction in the past week, including:

3403 John Marshall Drive

Please note that this is solely a selection of Just Reduced properties available in Arlington County. For a complete list of properties within your target budget and specifications, contact Arlington Realty, Inc.

Ask Eli: Condo values fall in first half of 2025

By Eli Tucker

This regularly scheduled sponsored column is written by Eli Tucker, Arlington-based Realtor and Arlington resident. If you would like to work with Eli and his team in Northern Virginia and the greater D.C. Metro area, you can reach him directly at [email protected].

TL;DR Video Summary (2:42):

Question: How has the Arlington condo market performed in the first half of 2025?

Answer: The condo market is more susceptible to downturns in the housing market because condo buyers can almost always find a suitable alternative by renting an apartment, if buying loses its appeal. With high interest rates and uncertain local economic conditions in the first half of 2025, the Arlington condo market suffered a loss in value, unlike the detached single-family market, and is having one of its worse years in the past two decades.

Prices and Competition Down in the First Half

Let’s look at the performance of Arlington’s condo market in the first half of 2025 compared to the first half of the previous four years:

  • The average price of a condo fell by 10%, to just over $508,500, and the average $/SqFt fell by 4%
  • The median price of a condo fell by 7.5%, to $439,000
  • Demand fell sharply with just 39% of condos selling within the first ten days on market and just 39% selling for at or above the asking price
  • After significant price gains in 2024, seller optimism was high heading into 2025 and the initial asking prices reflected that. Low demand led to substantial discounts off the initial asking price, with condos selling for an average of 5.3% below the original ask, compared to about 1% each if the past four years.
  • Most of the losses seem to come from the two-bedroom condo market, where the average price dropped by 7%, compared to a 1% drop in the one-bedroom market

(more…)

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Open houses this weekend: July 25, 2025

By Jean Ropp

This regularly scheduled sponsored column is written by Jean Ropp

If you would like to work with Jean in Northern Virginia and the greater D.C. Metro area, you can reach her directly [email protected].

As July comes to a close, it’s a great time to take advantage of the summer market. Explore this weekend’s open houses and see what might be waiting for you!

Detached Homes

  • 1921 N George Mason Dr
    4 Bed/4.5 Bath $1,495,000
    Open Sunday 1pm-3pm
    Presented by Compass
  • 5018 11th St N
    5 Bed/3 Bath $1,199,000
    Open Saturday 1pm-4pm
    Presented by Corcoran McEnearney
  • 2566 Military Rd
    4 Bed/3 Bath $1,349,900
    Open Saturday 12pm-3pm and Sunday 1pm-3pm
    Presented by TTR Sotheby’s International Realty
  • 1804 N Cleveland St
    2 Bed/2.5 Bath $1,299,000
    Open Sunday 1pm-3pm
    Presented by RLAH @properties

Townhomes

  • 2500 Fairfax Dr #B
    2 Bed/2 Bath $795,000
    Open Saturday 1pm-3pm and Sunday 2pm-4pm
    Presented by Compass
  • 2917 D S Woodstock St 4 #4
    3 Bed/2 Bath $700,000
    Open Sunday 11am-1pm
    Presented by Keller Williams Realty
  • 2707 S Walter Reed Dr #A
    2 Bed/1 Bath $415,000
    Open Saturday 12pm-4pm and Sunday 12pm-2pm
    Presented by KW Metro Center
  • 88 N Bedford St #88C
    2 Bed/2 Bath $575,000
    Open Friday 4pm-6pm, Saturday 12pm-2pm and Sunday 2pm-4pm
    Presented by TTR Sotheby’s International Realty

Condominiums

  • 1320 N Wayne St #408
    3 Bed/2 Bath $840,000
    Open Saturday and Sunday 12pm-2pm
    Presented by Compass
  • 1276 N Wayne St #830
    2 Bed/2 Bath $725,000
    Open Saturday and Sunday 1pm-3pm
    Presented by RLAH @properties

Unable to make it this weekend? Feel free to email Jean at [email protected] or call/text 781.635.5530 to set up a private showing!

Jean and her team believe that your real estate needs should be managed by advisors, not salespeople. Their mission is to guide, educate, and advocate for their clients through real advice, hands-on support, and personalized service.

Just Reduced Properties in Arlington: July 23, 2025

By Sponsor

Each week, “Just Reduced” spotlights properties in Arlington County whose prices have been cut over the previous week. The market summary is crafted by Arlington Realty, Inc. Maximize your real estate investment with the team by visiting www.arlingtonrealtyinc.com or calling 703-836-6000 today!

Please note: While Arlington Realty, Inc. provides this information for the community, it may not be the listing company of these homes.

As of July 21, there are 194 detached homes, 53 townhouses and 208 condos for sale throughout Arlington County. In total, 36 homes experienced a price reduction in the past week, including:

3801 Lorcom Lane N

Please note that this is solely a selection of Just Reduced properties available in Arlington County. For a complete list of properties within your target budget and specifications, contact Arlington Realty, Inc.

Arts Focus: Dark Star Park Day shadow alignment takes place August 1

By Sponsor
1/3

This column is sponsored by Arlington Arts/Arlington Cultural Affairs, a division of Arlington Economic Development.

The sun, contemporary art and local history will converge to cast a long shadow on Arlington’s 41st annual Dark Star Park Day on Friday, August 1.

This special event, beginning at 9:00 a.m., invites the community to experience the remarkable shadow alignment of Nancy Holt’s iconic sculpture, Dark Star Park. Last year’s gathering served as the grand finale of a year-long 40th anniversary celebration of Arlington’s renowned public art collection. The public is encouraged to join us once again as this unique tradition continues.

At approximately 9:32 a.m., the spheres and poles of Holt’s Dark Star Park will cast shadows that align perfectly with permanent shapes on the ground. This moment marks the founding of Rosslyn and transforms the park into a striking space of cosmic connection. Rosslyn, known for its distinctive skyline and engaging public art, remains one of Arlington’s most dynamic urban neighborhoods. Light refreshments will be provided by the Rosslyn Business Improvement District to add to the festive atmosphere.

The annual shadow alignment commemorates the day in 1860 when William Henry Ross acquired the land that would become Rosslyn. Holt’s Dark Star Park examines ideas of land ownership and our relationship with the cosmos, with the spheres symbolizing stars fallen to Earth.

Dark Star Park stands as a pioneering example of integrated public art in the United States and was Arlington’s first major public art commission. It remains one of Holt’s most significant urban works, offering an accessible and thought-provoking experience for all. Holt (1938–2014) was a trailblazing artist whose practice spanned poetry, film, video and large-scale public sculpture. Her work consistently challenged audiences to consider how we see the world and our place within it.

Join us at 9:00 a.m. for brief remarks, followed by the shadow alignment at 9:32 a.m. Dark Star Park is located at 1655 N. Fort Myer Drive, where N. Fort Myer Drive and N. Lynn Street meet, just off Route 50/Arlington Boulevard in Rosslyn.

There are no tickets required to come and experience the shadow alignment, but we invite you to register on our Eventbrite page to receive updates and to place it on your calendar! Click on the links below for more information about Dark Star Park Day on August 1 and to learn more about Arlington Public Art.

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