The Sanders Firm, P.C.: New York Accidental Disability Retirement Lawyer
In New York City, The Sanders Firm, P.C. represents clients applying for or appealing decisions related to accidental disability retirement pensions in connection with civil service law. Accidental disability must conform to specific parameters. The accident must have occurred on the job, the claimant must no longer be able to perform their job duties, and in order to qualify the accident must be completely unexpected and out of the ordinary. It must not result from the performance of routine duties associated with the claimant’s normal activities.
In applying for an accidental disability retirement pension, you want to make sure that you are following each necessary part of the process. In addition, you need to confirm throughout the entire application and hearing process that you do indeed qualify for an accidental disability retirement pension.
The process in filing for an accidental disability retirement pension first involves the member documenting their disability through a written application. The member describes the nature of their disability, how it occurred, and includes any associated medical records. The application is filed within the agency. The head of the agency may also elect to file an application regarding the claim.
The application is submitted to the Medical Board of the appropriate pension fund. The Medical Board of the pension fund examines the member and evaluates their application and any other materials. The Board then may approve or disapprove the application. If the member’s application is approved, the member may request that the Pension Board re-review the Medical Board’s findings.
In the process, the Pension Board can vote to accept the findings, upgrade the findings, or remand for further review. If the member is not satisfied with the determination, the member can file an Article 78 appeal in the Supreme Court, State of New York. The only way the Court can overturn the Medical Board’s determination is if they find it is not based on “credible evidence.” In claims involving disability, deference is given to the Medical Board. The result is that conflicting evidentiary findings do not disturb the initial result. If the Court determines that the determination of the Board was not based upon “credible” evidence, the Court can upgrade with instructions to award the member a particular pension and remand to the Pension Board for action.
At The Sanders Firm, P.C. in New York City, we believe that it is important that those applying for n accidental disability retirement pension utilize the services of an attorney who is experienced and knowledgeable in civil service law. A member can greatly benefit throughout the application and hearing process from the advice and guidance of a professional who understands how the system works. Civil service law is a highly specialized area that requires detailed knowledge and understanding. All too often claims are denied because of the member’s failing to understand the application and hearing process.
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