Read the letter OP&F sent to representatives on February 8, 2012 and judge for yourself:
In an effort to assist individuals who represent members of the Ohio Police & Fire Pension Fund (OP&F), the Board of Trustees is announcing an increased effort to uncover and eliminate cases of disability fraud that may exist among benefit recipients. While we believe these cases are rare and that a great majority of OP&F disability retirees are entitled to their benefits, the Board is taking this action to further increase the credibility and accountability of the disability process.
If presented with compelling evidence that a disability benefit recipient has sufficiently recovered from the disabling condition in question, the Board has the authority to order a re-examination of the individual to determine if the termination of benefits should commence.
As an agent on file with OP&F, you share the responsibility with the member to accurately provide all requested information so the Board of Trustees can make a true determination when considering disability applications, appeals and reconsiderations.
Disability fraud is defined as the receipt of payments intended for the disabled by an individual who should not be receiving them, or the receipt of a higher amount than one should be receiving. There are various acts that may constitute disability fraud, including:
- Feigning a medical condition in order to be declared disabled;
- Exaggeration of an existing medical condition that potentially can but in reality does not render the person disabled;
- Continuing to receive payments after having recovered from a medical problem; or
- Continuing to receive payments while working in a prohibited position.
While OP&F has limited investigative capabilities, staff has the full support of the Boaard of Trustees to accept information on potential fraud cases even if it is brought to our attention anonymously.
In our on-going efforts to continue to ensure that OP&F's disability application process is transparent, fair and credible, we have also added new language to our applications and guidebooks concerning the consequences of disability fraud. The language is intended to ensure that members personally participate in the preparation of the application and documentation of their disability for the Board of Trustees.
Please accept this letter as notice that attempts to exaggerate or misrepresent injuries will not be tolerated by the Board and may result in civil and criminal penalties. If you have any questions, please contact me or a member of the OP&F Member Services Department.
Sincerely,
William J. Estabrook
Executive Director
Editor's Notes: Clearly, if a member has, in fact, recovered from their medical and/or psychiatric conditions and they are working in a prohibited position, then there should be a termination of benefits. However, if the member's attending physicians, who are duly-licensed by the State of Ohio, certify the member's disability, and if evidence of ongoing symptoms is demonstrated in the doctor's notes, how does OP&F determine that the member is "feigning" the medical condition? Even more concerning is how can OP&F determine the member is "exaggerating" their medical condition?