HRS §88-82
Appealing a disability retirement decision and getting legal fees paid
If you disagree with the board's preliminary decision on your disability retirement or accidental death benefits, you can ask for a hearing within 60 days of getting written notice. If you win and get benefits, the system must pay your reasonable attorney's fees and costs, but only if the board or court approves them.
The statute, as written — Petition for contested case hearing regarding disability retirement or accidental death benefits; attorney's fees and costs
(a) A member or applicant who is not satisfied with the preliminary decision of the board to grant or deny an application for disability retirement benefits or accidental death benefits based on the certifications and findings of the medical board may file a petition for contested case hearing with the board within sixty days after receiving written notification of the preliminary decision of the board. (b) If the member or applicant is the prevailing party in the contested case, and disability retirement or accidental death benefits are awarded to the member or applicant by the board or court of the appropriate jurisdiction under section 88-75, 88-79, 88-85, 88-284, 88-285, 88-286(c), 88-334, 88-336, or 88-339, the member or applicant shall be paid reasonable attorney's fees together with any costs payable by the system. The attorney's fees and costs shall be subject to the approval of the board or approval by a court of appropriate jurisdiction after evidence has been provided by the member or applicant regarding the reasonableness of the claimed attorney's fees and costs.
Sections this one refers to
§88-75 When you can retire due to disability
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