HPRS Disability Retirement Lawyer for Ohio Troopers

HPRS Disability at a Glance

Last updated October 2026. Rules and forms change; confirm current requirements with the retirement system or with us before you rely on them.

Who Qualifies for HPRS Disability

Under Ohio Revised Code 5505.18, a member who becomes "totally and permanently incapacitated for duty in the employ of the state highway patrol" may be retired on disability. There is no service requirement for a disability incurred in the line of duty; a disability not in the line of duty requires five or more years of service credit. The member, someone acting for the member, or the Superintendent may file. HPRS's handbook notes that the law does not provide for partial disabilities.

Line of Duty or Not

"In the line of duty" means an illness or injury that occurred during or resulted from the performance of official duties under the direct supervision of the Highway Patrol. HPRS's rules presume a condition is not in the line of duty unless a presumption applies or competent and credible evidence is submitted. One statutory presumption helps troopers: chronic heart or cardiovascular disease not revealed by the entry physical is presumed incurred in the line of duty unless shown otherwise. Because the line-of-duty finding drives the benefit amount, the injury reports and medical history you submit matter.

The Application Packet

1. A complete packet. The application listing every disabling condition, your attending physician's evaluation and statement, the employer's determination that you cannot perform your job, and all related medical records. All medical reports must be received within one week of the initial submission.
2. No incomplete files. An incomplete packet "will not be accepted and will not be considered filed," and a packet is also refused if your attending physician does not state that you are totally and permanently incapacitated.
3. The record closes. Once the packet goes to the medical advisor, HPRS takes no new records unless requested, and only the conditions you listed are considered.
4. Examination and hearing. HPRS schedules an independent examination at its expense. The board's Health, Wellness, and Disability Committee then hears the application, and you may appear with or without counsel to present testimony.
5. Decision. The committee recommends and the Retirement Board decides. HPRS's handbook says the process may take three to six months.

If you are approved, you have 30 days to accept or waive the benefit, and an accepted award is rescinded if you do not leave Highway Patrol employment within 30 days.

If HPRS Denies Your Application

HPRS's first step after a denial is called reconsideration, and the clock starts at the committee's hearing, not the board's later vote. Under Ohio Administrative Code 5505-3-02, "No more than twenty days after the initial hearing, the applicant may file a written request for reconsideration."

• The request must include a statement that it rests on evidence contrary to the examining physician's or committee's findings.
• New medical evidence is due within 10 days of the request. One 20-day extension is available, and a second only if the medical advisor agrees; otherwise the request is voided.
• The committee considers only new medical evidence and new relevant information, and you may appear with or without counsel.
• The board then decides, and its decision is final. After that, court review is by mandamus.

What HPRS Pays

For a line-of-duty disability, service is treated as at least 25 years and the pension is at least 61.25% of final average salary, up to the lesser of 79.25% or the federal limit. For a non-duty disability, service is treated as at least 12 years, and HPRS states the minimum is 30% of final average salary. HPRS says all disability pensions are paid as single life annuities.

After You Are Approved

• You must follow recommended treatment; one year of noncompliance ends the benefit.
• Until age 60: an annual re-examination (which may be waived) and an annual statement of earnings and medical information. Missing two scheduled exams is presumed to be a refusal.
• If HPRS later finds you are no longer disabled, you have 20 days from the board's decision to appeal, and benefits continue while the appeal is pending.
• HPRS's application requires approved retirants to apply for Social Security disability within 90 days of the disability effective date.

How Terry Posey Helps

Terry W. Posey has spent more than 30 years helping Ohio public employees with pension disability claims, and before law school he served 19 years as a Dayton Police officer and sergeant. He knows what it is like to do a public job with a body that is breaking down, and he knows how these files are reviewed.

• Before you apply: we help you choose and document every condition up front, because the systems generally evaluate only the conditions listed on the physician's report.
• During review: we help you prepare for the independent medical examination and make sure your treating doctors address the right legal standard.
• After a denial: we track the appeal deadline, gather the new medical evidence the rules require, and present your appeal.
• After a final decision: we evaluate whether a mandamus action in court is worth pursuing.

We help public employees statewide, from Cleveland to Cincinnati and Columbus to Toledo. Your first consultation is free.

HPRS Disability Questions

Official Sources

This page is based on the retirement system's own publications and on Ohio law. Read them directly:

• HPRS: Retirement benefits (including disability)
• HPRS Member Handbook
• HPRS Disability Application
• Ohio Revised Code 5505.18 (disability retirement)
• Ohio Administrative Code 5505-3-02 (applications, hearings and reconsideration)
• Ohio Administrative Code 5505-3-03 (re-examination and termination)
• State ex rel. Seabolt v. State Hwy. Patrol Retirement Sys., 2019-Ohio-1594 (court review by mandamus)

This page is general information, not legal advice for your situation, and reading it does not create an attorney-client relationship.