OCERS Disability Retirement FAQs

If you are a public employee who becomes disabled, your hard-earned disability retirement benefits ensure your financial security. But navigating a disability retirement system like OCERS can be complicated and confusing.

Our experienced Orange County OCERS disability retirement attorneys are frequently asked the following questions about OCERS disability retirement. In this article we provide general answers to these questions. However, the best way to understand how OCERS disability retirement laws, rules and regulations apply in your specific case is to call one of our OCERs attorneys.

What Benefits Can I Collect Under OCERS Disability Retirement?

OCERS disability retirement provides a monthly allowance calculated based on your years of service credit, age at retirement, and final average salary. For service-connected disability retirement (for conditions arising from your job duties), the monthly allowance equals 50% of your final compensation, regardless of your age or years of service. This benefit is tax-free for the portion attributable to your disability, providing significant financial advantage compared to regular retirement benefits.

For non-service-connected disability retirement (conditions not related to your job), your benefit equals 1.8% of your final average salary for each year of service, with a minimum allowance of 20% of your final average salary. Eligibility requires at least five years of service credit, and these benefits are typically partially taxable, with the specific tax treatment depending on various factors including your age and total service credit.

Beyond the monthly allowance, OCERS disability retirement often includes access to continued health insurance coverage, though specific provisions vary by employer. Additionally, your beneficiaries may be entitled to continuance benefits after your death, typically at 100% of your allowance for service-connected disability retirement and varying percentages for non-service-connected retirement based on your selected benefit option. The lifetime value of these combined benefits often reaches into the millions of dollars, highlighting the importance of consulting with an experienced OCERS disability retirement attorney to ensure you receive the maximum benefits for which you qualify.

How Long Does the OCERS Disability Retirement Process Take?

The OCERS disability retirement process typically takes between 6-12 months from initial application to final determination, though this timeline can vary significantly based on case complexity and current administrative backlogs. This period includes the initial application review, medical examination processes, and administrative hearings if required. Applications involving multiple medical conditions or complex causation issues often require additional time for proper evaluation.

Several factors can extend this timeline, including delays in obtaining comprehensive medical documentation, scheduling of independent medical examinations, and the potential need for administrative hearings if the initial application is denied. Working with experienced OCERS disability retirement attorneys can help streamline this process through proper initial documentation and proactive case management, potentially reducing unnecessary delays.

If your initial application is denied and you pursue an appeal, the process may extend an additional 6-12 months or longer. During this period, you may have options for temporary disability benefits or other financial support, depending on your specific situation. Cantrell Green’s attorneys can advise on these interim support options while working to secure your long-term disability retirement benefits.

Are there different types of OCERS Disability Retirement?

Yes, there are actually two types of OCERS disability retirement benefits: Non-Service Connected Disability Retirement and Service Connected Disability Retirement.

What’s the difference between the 2 types of OCERS Disability Retirement?

An OCERS employee is eligible for a Non-Service Connected Disability Retirement for disability that is not due to a job-related illness or injury. The employee must have five or more years of Service Credit.

An OCERS employee is eligible for  Service Connected Disability Retirement allowance if the incapacity arose out of, and in the course of their employment, and such employment contributed substantially to their being incapacitated. There is no minimum service requirement to qualify for this type of disability retirement.

Who Decides if an OCERS Disability Retirement Applicant is Disabled?

The Board of Retirement decides whether an application for disability retirement is granted or denied.  There will be a Board Meeting at which the applicant and/or their attorney may appear to speak for 3 minutes in support of the application. All medical evidence should have been submitted prior to the Board Meeting.

Having an attorney can help greatly in stating your case effectively to the Board – and will also ensure that all necessary medical documentation has been submitted.

What if I am Denied OCERS Disability Retirement Benefits?

OCERS Disability Retirement who are denied benefits, and/or who disagree with any portion of the Board’s decision have the right to
request an administrative hearing, in writing, within 90 days of the Board’s decision.

If your OCERS Disability Retirement claim has been denied, you have a much greater chance of winning during the administrative hearing if you hire an experienced OCERS Disability Retirement attorney representing you.

Why Hire an Attorney for an OCERS Disability Retirement Case?

Securing OCERS disability retirement benefits involves navigating a complex administrative process with stringent legal standards and detailed documentation requirements. Many applicants underestimate the complexity of establishing that their medical condition prevents them from performing their usual job duties, leading to denials that could have been avoided with proper legal guidance. The specific legal standard of “permanent incapacity” requires sophisticated medical evidence development and presentation that experienced disability retirement attorneys understand how to structure effectively.

The consequences of an unsuccessful application are significant, potentially leaving you without essential income and benefits when you’re unable to work. OCERS disability retirement attorneys at Cantrell Green have handled hundreds of successful applications and appeals, understanding the specific evidence needed to meet OCERS’ standards, how to effectively present medical documentation, and how to address potential weaknesses in your case before they become problems. This specialized knowledge helps avoid common pitfalls that lead to unnecessary denials and delays.

Most importantly, OCERS disability retirement attorneys work on a contingency fee basis, meaning they only receive payment if your application is successful. This arrangement provides access to specialized legal representation without upfront costs during a time when your financial resources may already be strained due to your inability to work. Given the substantial lifetime value of disability retirement benefits, professional representation often proves to be a wise investment in securing your long-term financial stability.

Can I Work While Receiving OCERS Disability Retirement Benefits?

While receiving OCERS disability retirement benefits, you can generally work in a different occupation that doesn’t require the same duties you were found incapacitated from performing. However, significant restrictions apply to employment with OCERS-covered employers. If you return to employment with an OCERS-participating employer in a position eligible for OCERS membership, your disability retirement allowance will be suspended, and you will once again become an active OCERS member accruing service credit.

For employment outside the OCERS system, earnings limitations may apply depending on your specific situation. The system monitors employment activity of disability retirees and may periodically require documentation regarding your current employment status and earnings. Exceeding certain earnings thresholds could potentially trigger a reevaluation of your disability status or affect your benefit amounts.

Before accepting any employment while receiving disability retirement benefits, consulting with experienced OCERS disability retirement attorneys is strongly recommended to understand how specific work might impact your continued eligibility for benefits. The attorneys at Cantrell Green can provide guidance on employment options that maintain your benefits while maximizing your overall financial situation.

Our OCERS Disability Retirement Attorneys Can Help

Cantrell Green is one of very few Orange County law firms that are highly specialized in Public Employees Disability Retirement. Our attorneys have filed hundreds of successful disability retirement applications and appeals and have obtained millions of dollars in disability retirement benefits for our clients.

Our attorneys can help disabled public employees obtain their disability retirement benefits from any public employee retirement system in Orange County or Southern California. If you are an injured police officer, firefighter, teacher, administrator or other public employee, who is applying for or appealing disability retirement benefits, call us today.

Free Consultation with an OCERS Disability Retirement Attorney: 800-964-8047

This article applies to members of  Orange County Employees’ Retirement System (OCERS); and does not reflect the rules, laws or regulations governing how other public retirement systems are administered. If you have question about another public employee retirement system, find your system, below – or call our office at: 562-622-4800