PRACTICE AREAS

NEW YORK STATE RETIREMENT DISABILITY

Peter M. Cordovano, P.C. accepts cases before the NYS Retirement System (NYSRS) when either Article 14 or Article 15 disability benefits have been denied. If NYSRS has denied your disability retirement benefits, call Peter M. Cordovano, P.C. immediately for representation. The statue of limitations for filing an appeal with NYSRS is 4 months from the date of the certified mailing denying your claim.

NYSRS provides various types of retirement benefits (service & disability retirement) for eligible members. For information about how to file for disability retirement and about the process, visit their website to obtain a copy of the publication “What if I become disabled”? Their plan booklet should also be reviewed for your particular plan to see the benefits to which you are entitled. If you think you may be eligible for a disability retirement, don't delay filing your application.

NYSRS eligibility is determined by 6 criteria:

  1. Membership tier
  2. Retirement plan
  3. Final average salary
  4. Age when you retire
  5. Credited service in the Retirement System
  6. If disability resulted from an on-the-job accident

If you are eligible for NYS Retirement Disability, you may apply for service retirement and disability retirement benefits at the same time. There is no early age reduction for disability benefits. Depending on your tier, plan and type of disability benefit, your benefit may be reduced by amounts received from Workers' Compensation. If you are a Tier 3 member and apply for Article 14 ordinary disability or accidental disability, your benefit will be reduced by 50% of the CO/ESC Social Security Disability benefit in addition to the Workers' Compensation reduction.

NYSRS will deny disability applications on 2 grounds: 1. that an applicant is "not permanently incapacitated for the performance of your duties"; 2. that the applicant did not suffer an “accident” within the meaning of Retirement and Social Security Law § 63.

To properly assess if you are “permanently incapacitated for the performance of your duties”, your formal job description at the time you were injured must be strictly scrutinized.

"Accident" is defined as an event which was not a risk of the work performed; a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact. Unless an injury results from an event that would not ordinarily be anticipated in the context of the worker's employment, it cannot be defined as an "accidental" injury. To determine whether a petitioner has sustained an accidental injury, the focus must be on "the precipitating cause of injury" and not on "the petitioner's job assignment".

 

If you have questions, or need an experienced and dedicated attorney, call Peter M. Cordovano, P.C. today for an appointment at 845-691-4200. Your case will be handled immediately, personally, confidentially and professionally.

This site and the information contained herein are not intended to be, nor should same be construed as a substitute for legal advice. For any particular issue or concern, please consult with an attorney.