OPERS Disability Benefits Lawyer

OPERS 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 OPERS Disability

OPERS covers most state, county, city and other local government employees in Ohio. To apply for disability, you generally need at least five years of contributing service credit in the Traditional Pension or the Combined Plan. Members of the Member-Directed Plan are not eligible for disability benefits. OPERS law enforcement and public safety officers are covered for illnesses or injuries that happen on duty, regardless of length of service.

Under the older "original plan" (generally members hired before July 29, 1992 who did not choose the revised plan), age limits apply: Groups A and B must apply and leave public service before age 60, and Group C before age 62. Under the revised plan, you can apply at any age. Retirees and members who have taken a refund cannot apply.

How OPERS Defines Disability

Under Ohio Revised Code 145.35, the question is whether you are "mentally or physically incapable of performing the duties of the most recent public position" you held, and whether the condition is expected to last at least twelve months after you file. For applications filed on or after January 7, 2013, the test can change after three years on benefits: OPERS then asks whether you can do any job in your regional job market that you are qualified for and that would replace at least 75% of your final average salary (adjusted for inflation). That later test does not apply to law enforcement members.

The Two-Year Filing Deadline

You must file your OPERS disability application within two years after your contributing service ends. The only exception is narrow: OPERS's medical consultant must find that the records conclusively show you were incapacitated and unable to apply when the two years ran out. You, someone acting for you, or your employer can file the application.

How the Application Works

1. Application and reports. You file the Disability Benefit Application through your online account, with a Report of Physician from your MD or DO, a Report of Employer with your job description, a HIPAA authorization, and proof of your date of birth.
2. Only listed conditions count. OPERS considers only the conditions listed on the physician's report, and all medical information must arrive before your first medical examination.
3. Independent review. A third-party administrator reviews your file and may schedule an independent medical or psychiatric examination at OPERS's expense.
4. Decision. OPERS's medical consultant makes a recommendation and the Board of Trustees approves or denies. By statute, "the action of the board shall be final," subject to the appeal described below.

If OPERS Denies Your Disability Application

The appeal window is short and strict. Under Ohio Administrative Code 145-2-23, your written appeal request must be received by OPERS no later than 30 days from the date of the notice of denial. If no appeal is filed, the denial becomes final.

• New medical evidence is required. It must be current, from a licensed physician trained in the relevant specialty, and not previously considered by OPERS's doctors.
• Evidence deadline: within 45 days of your appeal request, with one extension of up to 45 more days if you ask in time.
• New conditions are not evaluated during the appeal; the appeal is about the conditions you originally listed.
• Benefits are not paid while the appeal is pending, and returning to public employment or filing a new application ends the appeal.

If the Board denies the appeal, that decision is final at OPERS. The remaining option is a mandamus action in court, where the question is whether the Board's decision was supported by "some evidence." See our page on how Ohio pension disability appeals work.

What OPERS Pays

Under the revised plan, the disability benefit is generally the greater of 45% of your final average salary or 2.2% of final average salary for each year of service credit, not exceeding 60%. It is paid for a period based on your age when benefits begin. Under the original plan, OPERS states the benefit cannot be less than 30% or more than 75% of final average salary. When disability benefits end, you can apply for age and service retirement or a refund.

After You Are Approved

• Periodic medical re-examinations (OPERS says every three years from your benefit date, and at other times if needed).
• An annual statement of earnings, and continued medical treatment reports every six months for members not in rehabilitative services.
• Returning to public employment ends the benefit; talk to OPERS before taking private-sector work.
• Members who are eligible must apply for Social Security disability within 90 days of approval, and OPERS may offset benefits if the combined total exceeds a limit (the offset does not apply to law enforcement members).

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.

OPERS Disability Questions

Official Sources

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

• OPERS: Disability benefits
• OPERS leaflet: Disability Benefits (ISL-K)
• OPERS guide: Applying for Disability Benefits
• Ohio Revised Code 145.35 (disability coverage)
• Ohio Revised Code 145.361 (revised plan disability allowance)
• Ohio Revised Code 145.362 (re-examination and the any-occupation test)
• Ohio Administrative Code 145-2-23 (appeals)

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