Applying for Disability Benefits

If you meet the general requirements outlined in "Duty Disability" or "Non-Duty Disability," you should contact PERS Customer Service and request an Application for Disability Benefits. You should apply as soon as you are physically off the job, whether or not you are on paid leave, but you cannot submit your application for disability benefits until you are off all work at the time you submit your application. You can apply during the 90-consecutive-day period; you need not wait until you have met the 90-day period of disability.

If you become disabled while an active member Tier One/Tier Two member: A member who is presently employed by a participating employer in a PERS Chapter 238 Program qualifying position and who has completed the six-month waiting period. OPSRP member: A member who is presently employed by a participating employer in an Oregon Public Employees Retirement Plan (OPSRP) Program qualifying position and who has completed the six-month waiting period. , you can apply within five calendar years of the last date you worked for your PERS-covered employer. To qualify:

The disabling condition must have been continuous from your last day worked to your disability application date.
You must not have terminated membership.
You must not have worked in any capacity, including non-PERS employment or self-employment during this time.

You should speak to your physician(s) before applying for the OPSRP Disability Program and let them know PERS will contact them to confirm and document your disabling condition. Ask your health care providers if they require their own information release. If so, complete their required form and submit is to PERS with your application.

If you are not sure you have a specialist that meets PERS criteria, contact PERS Member Services at 888-320-7377 for assistance.

If your disability is duty-related, you will need to provide a copy of your workers’ compensation report to PERS for review. Some workers’ compensation carriers will only release records to you and will not release records directly to PERS.

PERS requires specialists for certain disabling conditions:

Mental and emotional disorders require a report from a psychiatrist or a minimum of one report each from a psychologist and a medical physician.
Orthopedic injuries or disease require a report from a treating or consulting orthopedic specialist or orthopedic surgeon.
Neurological injuries or disease require a report from a treating or consulting neurologist or neurosurgeon.
Fibromyalgia requires a report from a treating or consulting rheumatologist.
PERS may require reports from other specialized physicians depending on your condition.

You must be unable to perform any work you are qualified to perform, not just your last or usual job.

When you complete your application for OPSRP disability, list the physicians who have treated your disabling condition. PERS will require medical documentation from the time you stopped working to the time you apply for disability benefits.

Upon receipt of the completed forms, PERS will send requests to your doctor(s), health care provider, hospital, or clinic for medical information. PERS staff will also request documentation from your employer and, if applicable, workers' compensation A federal program in which employees disabled on the job can receive pay. Any workers' compensation payments Tier Two members receive may offset disability benefits., and disability insurance company.

The PERS staff and medical advisor will review your records and use Oregon Revised Statutes and Oregon Administrative Rules to determine eligibility.

The disability determination can take up to six months, sometimes longer, from the date PERS receives your initial application.

Approval of Disability Application

If PERS approves your application for OPSRP disability, you will receive an approval packet in the mail. This packet includes the required forms you must complete to initiate your disability benefits.

Your employer must also submit mandatory information to PERS before benefits can be paid.

PERS will not pay any benefits until you have been physically off the job for 90 consecutive days except for terminal cases. After the 90-day period, benefits paid are retroactive to your effective date of disability retirement, which is based on information we receive from your physician(s) and employer.

Benefits are effective the first of the month following the last month in which you received paid salary or leave from your employer and will continue for as long as you meet the PERS disability criteria. Disability benefits cannot be paid until you exhaust all your vacation and sick leave.

Benefit Payments

Your disability benefit will be calculated to equal 45 percent of your last full month’s gross salary prior to your disability.

OPSRP disability payments continue as long as you meet PERS disability criteria, you die, or you reach normal OPSRP Pension Program retirement age. Normal OPSRP retirement age is 65 for general service and 60 for police officers and firefighters.

Denial of Disability Application

PERS will notify you by regular and certified mail. The first notification, Intent to Deny letter, is considered a preliminary denial. The letter will cite the reasons for the determination. You will have 30 days to provide PERS with additional documentation to support your claim. You will also have the option of requesting an extension of 30 additional days.

If PERS does not receive additional information supporting your claim or if the additional information it receives does not change the determination, PERS will notify you by regular and certified mail. This is considered a formal denial. This letter will provide you with your appeal rights, and you will have 45 days to submit your appeal of the denial of disability retirement.