If the division denies your disability claim, you may request a hearing before the State Retirement Commission. To receive a hearing before the commission, you must submit the appeal form to the State Retirement Commission within 21 days of receipt of the division’s final denial. If you appeal to the State Retirement Commission, you may elect to receive the service retirement benefits for which you are eligible while you wait for the commission’s decision on your appeal. If the application for disability benefits is approved on appeal, the service retirement will be converted to a disability retirement, but you will not be able to change your benefit payment option. If you choose to take an early service retirement and your appeal is denied, you cannot subsequently cancel or change this election. If the State Retirement Commission approves your application for disability retirement, the commission may cover your reasonable attorney’s fees and taxable costs up to an amount equal to half of your first year’s disability benefit payments. In order for the Commission to approve your petition,  testimony from a physician, either by deposition or at a final hearing, that you are permanently and totally disabled is required.  For in-the-line-of-duty cases the physician must also testify that the disability arose out of and in the actual performance of duties required by the covered employment.  A decision of the State Retirement Commission is considered a final agency action. However, you may petition the District Court of Appeal for review of the commission’s decision.