CalPERS Disability Retirement

If you are a CalPERS member who wants to fight a wrongful denial of your disability retirement benefits, contact me for a consultation.

The Basics

  • What is CalPERS?

    California Public Employees’ Retirement System (“CalPERS”) is the nation’s largest public pension fund, serving more than 2 million members in the retirement system. CalPERS offers a variety of benefit programs and services, such as death benefits, health benefits, long-term care, retirement benefits, and disability retirement benefits.

    CalPERS is a 401(a) Defined Benefit Plan, meaning that your retirement benefits are determined by a formula and not how much you contribute to the plan. Once you are eligible and retire, your benefit is payable for life.

  • CalPERS Disability Retirement Facts

    Public employees in California may receive disability retirement benefits even if they have not reached retirement age if they are unable to perform the essential duties of their position.

    CalPERS offers three separate means by which a member can apply for retirement benefits:

    1. Disability Retirement

    2. Industrial Disability Retirement

    3. Service Retirement (based on years of service)

    If your disability retirement is approved, you will receive a monthly retirement payment for the rest of your life or until you recover.

  • CalPERS Disability Retirement Eligibility

    Disability retirement and industrial disability retirement is available to members who are substantially incapacitated from performing the usual duties of their position. The disability must be permanent or be expected to last at least 12 consecutive months.

    Disability Retirement

    • Available to those whose injury or illness results in the inability to perform their usual job duties, regardless of whether the disability originated at work.

    • You have been employed for at least five (5) years (vesting requirement)

    • There is NO age requirement

    Industrial Disability Retirement

    • Available to those whose injury or illness results in the inability to perform their usual job duties, as long as the disability is work-related. This classification is reserved for safety members and agencies that contracted for this benefit.

    • There are NO age or vesting requirements

What I Can Do For You

I represent CalPERS members in administrative appeal hearings and, if necessary, file petitions for writs of mandamus to dispute determinations that have reduced or eliminated entitlement to your benefits.

Representing you at an administrative appeals hearing means that I can:

Explain

the process, the strengths and weaknesses of your case, what I think CalPERS will use to defend itself, and how to combat it as best we can.

Prepare

your medical expert for direct and cross examination (or help you locate an expert).

Meet

with you as often as I can to make sure you are comfortable and confident taking the stand.

Review

your job file, CalPERS correspondence, medical records, emails and the like to determine which documents should be made apart of your case.

Respond

to CalPERS discovery requests by arranging all pertinent documents and making the appropriate objections to preserve your privacy.

Challenge

the CalPERS IME doctor on the stand regarding his or her medical assessment of you in an effort to weaken their credibility.

Handle

all communications from CalPERS’ attorneys as well as the administrative law judge.

Deliver

concise, strong, and impactful opening and closing statements to the administrative law judge.

Submit

any pre or post-hearing briefs.

Please keep in mind that the level of my involvement is fact-specific and relies on the individual circumstances of your case.