Ohio Administrative Code 145-2-23 governs the appellate process when the Ohio Public Employees Retirement System issues a notice denying or terminating disability retirement benefits. This rule provides that whenever the OPERS board denies an application for a disability benefit or terminates a disability benefit, the member must file a notice of intent to appeal and provide additional medical evidence within thirty (30) days from the date of the OPERS notice.
The member must then submit additional medical evidence within forty-five (45) days of the member's notice of intent to appeal. The member may request one (1) extension of an additional forty-five (45) days to submit his or her medical evidence as long as the request for extension is made within the first forty-five (45) day period.
After the member submits his or her additional medical evidence, OPERS will obtain either a file review or medical examination by its medical consultants. The OPERS medical consultant will provide a written recommendation to OPERS, which will then issue a final decision. If the decision is not favorable to the member, the member may always file a new application for disability benefits as long as the medical evidence demonstrates a progression of the disabling condition and two (2) years have not elapsed since the member's contributing service terminated. Alternatively, the member may file a mandamus lawsuit challenging the decision from OPERS.
If OPERS issues a denial or cessation of benefits letter to you, you must act quickly to protect your rights. The time limits set forth in Ohio Administrative Code 145-2-23 are strict and must be followed. Call us today. 614-221-1300.