Waiting on POD Disability Retirement..how long?

[Neverforgotten]

Hi,

A little about my situation. I retired on Ordinary Disability on 09/06. I was refused POD Disability. I hired a new attorney and had a redetermination hearing on 02/22/07. I was told by my attorney at the time that it could take several months to hear something. On 5/07 I called the hearing administration to find out my status, they said that they were in the process of scheduling a second hearing for the purpose of having their medical expert present, something my attorney never mentioned could happen. Anyway, my attorney contacted NYS on 08/07 and they said they were trying to schedule a date with their medical expert for 9/07 or 10/07. Well, 10/07 went by and I had my attorney request in a letter for the additional hearing (10/18/07) or in lieu of that, closing memorandum. I was able to put together additional medical evidence in support of my POD disability that I could not provide in the initial application or subsequent hearing. That was a plus.

Anyway, I just spoke to my attorney and he stated that NYS is backed up tremendously. I then asked him if there was a time limit for the state to make a final determination. He said no and that it could take up to 4-5 years to make a final determination for those who have been originally denied. What I don't understand is that it only took 4 months to have the redetermination hearing from the day we requested it. I am know going on a year since. Can it really take 4-5 years total? I called the state and they would not give me a time frame. My attorney just keeps saying that these things take time and to be patient.

Yeah, well time is money and 33% disability is killing me financially, even with SS. I am being forced to relocate my family to North Carolina (in the summer) because of this and it looks like I may not even be living here when a decision is finally made.

Does anyone there have experience with this situation or know of a brother who has?

Thanks and be safe,
AL

[tactical208]

I have a question.........were you in a New York state police agency when injured ? Is it with the New York State retirement system ? Was your injury on duty while in the performance of your duties. Did you have a medical examine by the retirement system doctor ? and what was his ruling ?

The statute reads : As long as you were in the performance of your duties and the injury WAS NOT CAUSED BY YOUR OWN WILLFUL NEGLIGENCE Then you get 75 %.

I was injured in a car accident in my patrol car and I was awrded 75 % disability retirement.

New York State Retirement Sytem makes it more difficult than it actually is, but the statute is very simple. I would tell your attorney quit pussy footing around and ead the statute again. Either was while you were on duty or it wasn't, it really is that simple.

Why are you getting 33%, you should be getting at least 50% UNLESS you aren't part of the retirement system.

It's either ACCIDENTAL DISABILITY OR INCIDENTAL DISABILITY

Either you got hurt at work or

You got hurt while not doing your job, meaning you were at home for example, slipped on ice, cracked your skull open and broke your hip. You weren't working as an officer so you get 50%. The other scenarion is, you are working, slip and fall, break your hip, crack your skull, go to the New York State doctor whom the retirement system hires to let you know if you can go back to your duties as an officer or not. If he says no, then it's 75 %.

[Neverforgotten]

Hi and thanks for your response,

Yes, I was a Westchester Police Officer Tier 2 when I went out on job related stress (General Anxiety Disorder), but the NYS Retirement Psychiatrist stated that he felt it was pre-existing (in his 30 min exam). This was something I never mentioned and no evidence was provided to support his findings, so I was given Ordinary Disability (33% and Fed taxed) instead of Performance of Duty (50% non taxed). I was in really bad psychological condition at the time and never even filed for 207c benefits because I didn't know what the cause was. Looking back now, I know I was suffering from this condition for years as a PO, but was able to live with it until I began having panic attacks. You would have thought my attorney at the time would have told be to file for 207c.

Anyway, since retirement my condition has dramatically improved and I have had several doctors all state that my disability was a direct result of being a police officer and its many stressful situations that I encountered and that I never had any prior psychological conditions. My personal psychiatric doctor who was treating me for over a year at the time wrote a letter to the state during the redetermination stating such, but it looks like they still want to have another hearing. My attorney is trying to see if they will accept closing memorandum (new medical records) in lieu if this. I have since had my neurologist, who was treating me for consistent headaches for 8 years while as a police officer, state that my headaches were the direct result of stress while I was on patrol.

NYS Police and Fire Retirement System pays out three types of disabilities as follows:

Ordinary: 33% of Final Average Salary. Disabled, but it no way work related.

Performance of Duty: 50% of FAS and the direct result of the job.

Accidental: 75% of FAS. An unforeseen accident that occurred while on duty and not related to your day to day duties. This is crazy, because if you get shot while on duty and are permanently disabled, you will only get 50%, but if you fall down a flight of stairs that was not due to your negligence, you get 75%. I have a friend who is getting 75% and Social Security because of this.

Thanks

[tactical208]

I receive the 75% disability retirement package right now as well. You can try again to get them to see it your way, but they can throw out any information they believe not applicable to the case. They can also call your doctors as witnesses at a hearing. I wouldn't give up and I definetly make sure they pay. They try to screw as many people as possible now.