Learning More About The Retirement System
Combatting A Denied Application
Answering Your Pressing Questions
Who Can File?
What Is A New York State/New York City/Local Municipal Disability Retirement?
Do I Have To Pay Taxes On My Disability Payments?
Can You Receive Unemployment And Disability Payments At The Same Time?
Call Now To Discuss Further
Practice Areas
To file for a disability pension (commonly referred to as “accidental disability retirement/performance of duty/ordinary disability retirement”), you must file an application using the appropriate retirement system. Depending on where you are employed, you will file your application with the New York State & Local Retirement System, the New York Police and Firefighters’ Retirement System, the New York City Employees Retirement System (NYCERS), The Metropolitan Transportation Authority (MTA) Retirement System or The Manhattan and Bronx Surface Transit Operations Authority Retirement System (MABSTOA).
If you are denied a disability pension after the initial application, you have the right to contest the decision. However the process of appealing this decision varies from Retirement System to Retirement System. In certain systems, the appeal process simply involves the submission of additional medical evidence or statements, while others may require a request for an administrative hearing before a judge. Statistically, it is more difficult to win a case at the hearing level. As such, it is important to secure all the necessary medical evidence to win a claim at the initial level. Miller & Caggiano, possesses the necessary experience and expertise to assist in winning your disability retirement claim at the initial application level no matter which retirement system of which you are a member.
If we do proceed to a hearing before an administrative law judge, a clear and concise picture must be presented through the applicant’s testimony and the medical evidence in the record. The administrative law judge will not render a decision at the hearing. After litigation has been completed, Miller & Caggiano, will prepare and submit a written memorandum of law summarizing the claim and highlighting the favorable medical evidence and relevant case law for the judge. A written decision will be sent within approximately three months after both sides submit the brief.
We understand our clients are often unfamiliar with this subject, and we want them to have more confidence in their situation by answering their questions, such as:
You or someone authorized on your behalf can do so. This includes an attorney, your guardian or your power of attorney. In certain situations, your employer can also file. There are many different forms to fill out, so it is important to provide all of the necessary information clearly and concisely.
New York State/New York City/Local Municipal Disability Retirement, also known as NYSLRS, MABSTOA, MTA Retirement System Disability pensions provide benefits for members who are permanently incapacitated and can no longer perform their full job duties. This can be due to a physical or mental disability. An approved application acts as a pension that provides monthly payments to help cover your living expenses.
It depends on a variety of factors, including but not limited to: the type of pension you are applying for, your job title and your employer. Most times, they are taxable. The government will have to be paid when the premiums are due or when distribution payments are made. We can help you understand what this means and how you can manage this moving forward.
No. You cannot collect short-term disability benefits, nor unemployment payments. It is either one or the other. It is important to note that you can collect workers’ compensation along with a disability pension. However, in some cases there may be an offset to those benefits.
The smartest thing you can do for yourself is seek the guidance of an experienced attorney. We have two conveniently located offices in Bohemia and Garden City and serve clients throughout Suffolk County and Nassau County. Call 866-26-FIGHT to schedule a free consultation today. You can also fill out our contact form.