Get the OPERS Disability Benefits You've Earned in Dayton

This is an extremely difficult question to answer because every case comes with its own challenges and unique differences. However, under no circumstances should your chances of recovering disability fall because you hired a lawyer. Even in cases where the medical evidence supporting disability is incredibly strong, an experienced disability attorney should be able to help you avoid unnecessary delays like problems with forms being rejected, difficulties obtaining certifications of disability from your doctors, or even delays caused by medical records departments not sending the medical file to the medical review board.

While it is possible that someone can receive both OPERS disability and Social Security disability at the same time, it is very rare. OPERS disability requires that you have worked for a minimum of 5 years in the public sector and that you submit an application for disability within 2 years of the date you were last paid by your public employer. Social Security disability, on the other hand, requires that you have worked and paid “substantial wages” into Social Security in 20 quarters (think 5 years) out of the 10 years prior to your disability. Even if you do qualify for both, a provision called WEP, the Windfall Elimination Provision, will reduce your Social Security disability benefits due to your receipt of the public disability benefits.

Nearly any medical condition (or combination of conditions), if properly supported by the medical records, can qualify someone for a disability benefit. The important requirements for a condition to be disabling are that it must be “permanent” (which simply means it should last at least 1 full year or more), and must be identified on the form that your doctor must fill out to certify that you are not capable of performing your last public employment position.

To qualify for a disability through OPERS, you must have at least 5 years of service in the public sector (unless you are in law enforcement and injured in the line of duty), have a condition (or conditions) that are expected to last at least one year, and have a doctor (an MD or DO) certify that your conditions prevent you from performing your last job in the public sector. OPERS will review this information, will likely have you evaluated by one of its doctors, and then will issue a determination on whether it agrees that you are unable to perform the duties of your last job. If so, you will qualify for a disability benefit, subject to reviews and even a change in the definition of disability down the road.

Typically, you must have 5 years of public service before being covered for a disability benefit. Your disability must occur within 2 years of your final public sector pay. However, special rules apply to law enforcement who become disabled earlier if the disability was due to a line of duty injury. 

You can continue working while applying for a public sector disability. You do not have to quit or even take medical leave before applying for a disability benefit. Once your disability is approved, however, you must resign your position by the end of the month after your disability is approved.