| Richard
W. Lerner, P.C.
S.O.A.
Disability Attorney
1 Old
Country Road, Suite 125, Carle Place, New York 11514
(516)
741-4100
Email:
rlerneresq@yahoo.com
February 2010
I have recently received calls from
clients stating that there is a rumor circulating that
the New York State Retirement System has made it more
difficult to obtain a disability pension.
The rumor is based upon financial losses of the
State’s pension fund which is a fact.
There is no question in my mind that things have
tightened up. The
issue of Accident is getting watered down every year to
make it more difficult to receive a ¾ disability
pension. Unfortunately,
less people are obtaining benefits on application and
more appeals will be necessary.
The Retirement System now takes a
new approach, in most cases; they are not producing
their doctors to testify and merely submitting medical
reports. I
believe my office is the 1st to challenge
their ability to do this.
We have brought action in the Appellate Division
3rd Dept. for declaration that live testimony
must be given more weight than a medical report.
There are cases in our favor and hopefully we
will be successful.
If we achieve our goal, I believe the Retirement
System will have to produce their doctors since greater
weight will be given to live testimony.
This will allow a skilled attorney to attack the
doctors’ credibility on cross examination.
I will keep you apprised of any
changes that occur in either direction.
RICHARD
W. LERNER, P.C.
ONE OLD COUNTRY ROAD
CARLE PLACE
,
NEW YORK
11514
(516)
741-4100 Phone
rlerneresq@yahoo.com
October 2009
This article is directed towards
members of the Association who are retired and receive
permanent workers compensation awards.
Officers who have been classified with a
permanent total or permanent partial disability award
are eligible for this program.
If you fall into this category, you should be
made aware that Nassau County/Triad Group is trying to
buy your cases with a lump sum payment coupled with
continued medical care.
It is possible that this may be a once in a
lifetime program. If
you had a compensation lawyer and are interested in
doing this, contact them regarding negotiating a
settlement. If
you did not have a compensation lawyer and are
interested contact my office.
For those members who are receiving
an ordinary disability retirement pension and receive a
continued award, there is no obligation to re-pay the
State on the monies you receive.
All money received would be tax free.
For those members on Performance of Duty (50%)
disability pension there would be no obligation to
re-pay the State. For
those members on an Accidental (3/4) disability pension,
the monies paid back to the State is, as credit, based
on you life expectancy table.
Those members, if you choose to accept the lump
sum, must contact the State Retirement System through
your attorney in order to determine the amount of the
payback.
The older you are there is a
greater benefit in taking the lump sum especially if you
selected zero option.
Anyone who has any questions regarding the
procedure, can contact my office.
Please be aware that this process takes a number
of months and requires a double vote from the Nassau
County Legislature and the approval from a Workers
Compensation Judge.
RICHARD
W. LERNER, P.C.
ONE OLD COUNTRY ROAD
CARLE PLACE
,
NEW YORK
11514
(516)
741-4100 Phone
rlerneresq@yahoo.com
Any member, who has been out of
work for eight (8) consecutive months and is not
expected to return to work within a year, should contact
my office before filing for social security disability.
RICHARD
W. LERNER, P.C.
ONE OLD COUNTRY ROAD
CARLE PLACE
,
NEW YORK
11514
(516)
741-4100 Phone
rlerneresq@yahoo.com
THE IMPORTANCE OF A CORRECT INJURED EMPLOYEE REPORT
The
most important document you will ever fill out and sign
as a Police Officer is known as an injured employee
report.
The “report” is essential for
the following reasons:
1.
It is notice to the employer which protects your
workers compensation claim; and
2.
It is notice the New York State Retirement System
if it is filed within 30 days of injury date.
The paperwork filed post injury
must be signed by a supervisor. THE UNSIGNED REPORT
INVALIDATES NOTICE TO THE NEW YORK STATE RETIREMENT
SYSTEM.
The injury report can mean the
difference between no disability pension, a 50% pension
or a 75% tax free pension.
The Courts have already held that the initial
report has more weight than later sworn testimony.
In order to receive a ¾ pension, an officer must
be injured as a result of an accident in the line of
duty.
The term “accident”
is confusing and has been interpreted by the Courts to
mean a sudden and unexpected, fortuitous happening.
There are cases that are exceptions to the rule.
A trip and fall without an intervening factor is
called a miss-step and is not an accident.
An injury making an arrest, if you refer to
injury as “caused while restraining the perpetrator”
rather and being “assaulted by the perpetrator” you
will receive a lower pension.
Also, there are a group of causes called
“inherent risks”.
If there is a snow storm and you slip on ice when
the ground is covered in ice and snow, this will not be
considered a ¾ injury but rather a performance of
duty.
The New York State Retirement
System requires notice.
The following are ways they will be deemed proper
notice:
1.
If the member notifies the State Retirement
System within the first 30 days;
2.
If the member files a C-3 with the New York State Workers Compensation Board; and
3.
If a properly signed and acknowledged injury
report is filed within 30 days of the injury.
REMEMBER: BE VERY CAREFUL WHEN
FILLING OUT YOUR INJURY REPORT: INCLUDE ALL INJURED BODY
PARTS AND BE SPECIFIC IF IT IS AN ACCIDENT. YOU MAY
THINK IT IS A MINOR INJURY AND IT MAY TURN OUT TO BE
CAREER ENDING.
|
