OP&F Disability Lawyer for Police Officers and Firefighters

OP&F 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.

Three Kinds of OP&F Disability

Ohio Revised Code 742.38 sets out three categories, and which one you fall into makes a large difference in your benefit:

• On-duty permanent and total: you are "permanently and totally disabled as the result of the performance of the member's official duties." There is no minimum service requirement. "Totally disabled" means unable to perform any gainful occupation you are reasonably fitted for by training, experience and accomplishments; absolute helplessness is not required.
• On-duty partial: an on-duty condition that prevents you from performing your police or fire duties and impairs your earning capacity.
• Off-duty: a permanent disability not caused by your official duties (or your own negligence). You need five or more years of service credit, and you may be able to purchase or restore service to reach five years.

"Permanent" means expected to last at least twelve months after you apply, with no present indication of recovery. OP&F's rules presume a condition is off-duty unless a statutory presumption applies or you submit competent evidence that it happened during or resulted from your official duties. That is why the paperwork showing how and when you were hurt matters so much.

Presumptions That Can Help You

• Heart, cardiovascular and chronic respiratory disease that did not show up on your entry physical is presumed to have been incurred on duty.
• Firefighter cancer: with at least 6 years of hazardous duty and exposure to a listed carcinogen, certain cancers are presumed on-duty. The presumption can be rebutted, and it does not apply if more than 15 years have passed since your last hazardous duty.

The Filing Deadline

You can apply only while you are still a member of the fund. A member who is dismissed, resigns or is granted leave remains a member for twelve months (as long as contributions stay on deposit). OP&F puts it plainly: the application must be filed within one year from the date you are placed on administrative leave or terminate employment, and missing that deadline results in an automatic denial. You do not have to quit before applying, but if you are in DROP, terminating active service during the application process voids the application.

How OP&F Decides

1. Records. You submit the application with hospital records, statements from your doctors, departmental injury reports and notices of allowed workers' compensation claims. Records must be dated within two years of the application.
2. Examinations. The Board may decide on the records or require independent medical and vocational evaluations, which OP&F pays for.
3. Recommendation and decision. The Disability Evaluation Panel makes a recommendation; the Board decides. Before this initial decision, OP&F will not consider documents written to rebut the independent examiners' reports, so your evidence needs to be complete going in.
4. Accepting an award. You have 90 days to accept or waive an award and, if you accept, 90 days to leave police or fire employment.

Appealing a Denial or a Lower Award

Under Ohio Administrative Code 742-3-05, you must file OP&F's notice of disability appeal form within 90 days of receiving the Board's initial determination. This applies whether you were denied outright or awarded a lower category than you deserve (for example, off-duty instead of on-duty, or partial instead of total).

• New evidence not previously considered is due within 30 days of filing the appeal, dated within two years of your application.
• Extensions are limited (six months in total), and missing deadlines can get the appeal dismissed.
• You have the right to be present at the hearing with counsel or other representation.
• The Board's decision on appeal is final at OP&F; the rule itself notes your right to file a mandamus action in court.

What OP&F Pays

Under Ohio Revised Code 742.39, a permanent and total disability benefit is 72% of your average annual salary. On-duty partial benefits for members with less than 25 years, and off-duty benefits, are set by the Board and cannot exceed 60%. On-duty partial benefits for members with 25 or more years follow a service formula, capped at 72%. Benefits generally continue for life unless adjusted or terminated.

After You Are Approved

• Annual medical exams may be required if you have fewer than 25 years of membership and are under age 48.
• A notarized annual earnings statement is due September 1.
• Returning to police or fire work, including as a volunteer, ends the benefit.
• If your condition worsens, you may apply for reconsideration of a partial or off-duty award (one application in any twelve-month period).

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.

OP&F Disability Questions

Official Sources

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

• OP&F: Disability benefits
• OP&F: Member's Guide to Disability Benefits
• Ohio Revised Code 742.01 (membership after separation)
• Ohio Revised Code 742.38 (disability standards and presumptions)
• Ohio Revised Code 742.39 (benefit amounts)
• Ohio Revised Code 742.40 (re-examination and termination)
• Ohio Administrative Code 742-3-05 (applications and appeals)

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