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NYS Disability Retirement & SSDI criteria?
11-14-2011, 11:50 PM
Post: #1
NYS Disability Retirement & SSDI criteria?
Hi all again,

I am wondering if anybody here knows if the NYS retirement system's criteria for disability retirement is at all similar to SSDI criteria? Trying to get ahold of my "claim rep" @ NYS retirement system has been a complete failure. I have even contacted a supervisor who said she would have my "claim rep" contact me and guess what? yup, no contact. I was never given any info other than the application and then demand letters for more info. I kind of wanted to know a little about the process and what to expect. (Gee, sorry to want to be informed) I had an IME with a NYS Doc on 11/02/11 and assumed I would have received a copy of that IME report as I had received all of my IME reports from the WC Doc's within a week of exam, but I see that is not the case here.

When I applied for Disability retirement they highly recommended I apply for SSDI, well I received my SSDI approval letter in the mail the day or two after my IME!! My main reason for applying for that is for my medical benefits. I worked for the city and they paid my medical in full for me and my husband. Even if I could just get it back for me. Now with the premium increases going up in January, we will be paying close to $1,000 a month out of pocket, which we can't afford for much longer. It is almost as much as our mortgage!

I cannot find any info on the NYS retirement website for what they consider a disability, but it seems to go through as long a process as SSDI.

Thank you Smile

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11-15-2011, 09:50 AM
Post: #2
RE: NYS Disability Retirement & SSDI criteria?
Have you tried these links :

http://www.osc.state.ny.us/retire/member...ements.htm

http://www.osc.state.ny.us/retire/public...vo1802.htm

I don't find where the specific methods are posted as to how they determine disability, but you need to know that what SSDI defines as a disability is much more restrictive, generally, than other systems on a State level.

On a State level, you can often be partially disabled and still not employable, therefore, eligible for disability benefits. On the SS level, you are either NOT disabled, or 100% disabled. There is no gray area. I would suggest that if SS deemed you to be disabled, you'd have no difficulty in getting the State of NY to do so as well.

SS typically applies a Government Pension Offset to retirement benefits, but almost never to disability benefits. Try here, as well:

http://ssa.gov/pubs/10045.html

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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11-15-2011, 02:00 PM
Post: #3
RE: NYS Disability Retirement & SSDI criteria?
(11-15-2011 09:50 AM)LeglEgl Wrote:  Have you tried these links :

http://www.osc.state.ny.us/retire/member...ements.htm

http://www.osc.state.ny.us/retire/public...vo1802.htm

I don't find where the specific methods are posted as to how they determine disability, but you need to know that what SSDI defines as a disability is much more restrictive, generally, than other systems on a State level.

On a State level, you can often be partially disabled and still not employable, therefore, eligible for disability benefits. On the SS level, you are either NOT disabled, or 100% disabled. There is no gray area. I would suggest that if SS deemed you to be disabled, you'd have no difficulty in getting the State of NY to do so as well.

SS typically applies a Government Pension Offset to retirement benefits, but almost never to disability benefits. Try here, as well:

http://ssa.gov/pubs/10045.html
I believe it's the other way around. SSDI and WC can offset a disability pension but not a regular pension
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11-15-2011, 02:47 PM
Post: #4
RE: NYS Disability Retirement & SSDI criteria?
Thank you both for responding. I am not so concerned about the offset of the "pension" as I was only employed for the city for just over 10 years. My bigger concern is if my medical would be reinstated.

LeglEgl, I will check those sites out, they may have been some I looked at, not sure. If I do get denied from NYS, I do have an appeal option. My attorney doesn't handle that (I don't think). He is handling my WC and SSD claims, those are his areas of expertise, but maybe he knows something about this as well (hopefully I won't need one). If I find anything out, I will be sure to let ya's know!!

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11-15-2011, 02:47 PM
Post: #5
RE: NYS Disability Retirement & SSDI criteria?
Thank you both for responding. I am not so concerned about the offset of the "pension" as I was only employed for the city for just over 10 years. My bigger concern is if my medical would be reinstated.

LeglEgl, I will check those sites out, they may have been some I looked at, not sure. If I do get denied from NYS, I do have an appeal option. My attorney doesn't handle that (I don't think). He is handling my WC and SSD claims, those are his areas of expertise, but maybe he knows something about this as well (hopefully I won't need one). If I find anything out, I will be sure to let ya's know!!

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11-15-2011, 03:41 PM
Post: #6
RE: NYS Disability Retirement & SSDI criteria?
check with your union about a referral for legal representation. they often have experts they work with regularly on matters such as this.
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11-15-2011, 06:02 PM
Post: #7
RE: NYS Disability Retirement & SSDI criteria?
The attorney I have now was a referral from my union, however I am no longer in the union due to being terminated over a year ago because of the time missed from work over this WC thing. I did check the above mentioned websites and they were the ones I had previosuly checked. I will have to wait for something in the mail from the NYS retirement to see what they determine first. It is very unfortunate that people get paid to do a job and cannot or do not do it properly or up to standard. I have called my "rep" and left messages about 5 times, no return calls EVER. I never did that and I also worked in a heavy call volume place. Frustrating....

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11-15-2011, 06:02 PM
Post: #8
RE: NYS Disability Retirement & SSDI criteria?
The attorney I have now was a referral from my union, however I am no longer in the union due to being terminated over a year ago because of the time missed from work over this WC thing. I did check the above mentioned websites and they were the ones I had previosuly checked. I will have to wait for something in the mail from the NYS retirement to see what they determine first. It is very unfortunate that people get paid to do a job and cannot or do not do it properly or up to standard. I have called my "rep" and left messages about 5 times, no return calls EVER. I never did that and I also worked in a heavy call volume place. Frustrating....

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11-16-2011, 08:52 AM
Post: #9
RE: NYS Disability Retirement & SSDI criteria?
(11-15-2011 02:00 PM)pas2355 Wrote:  I believe it's the other way around. SSDI and WC can offset a disability pension but not a regular pension

You can believe what you want, but SSA says otherwise. It might behoove you to read the SSA bulletin first, then correct me IF I'm wrong.

Never mind - I'll post it, since you didn't read it:

If you work for an employer who does not withhold Social Security taxes from your salary, such as a government agency or an employer in another country, the ­pension you get based on that work may reduce your Social Security benefits.

The Windfall Elimination Provision affects how the amount of your retirement or disability benefit is calculated if you receive a pension from work where Social Security taxes were not taken out of your pay. A modified formula is used to calculate your benefit amount, resulting in a lower Social Security ­benefit than you otherwise would receive.


The Windfall Elimination Provision primarily affects you if you earned a pension in any job where you did not pay Social Security taxes and you also worked in other jobs long enough to qualify for a Social Security retirement or disability benefit.

For example, this provision affects Social Security ­benefits when any part of a person’s federal service after 1956 is covered under the Civil Service Retirement System (CSRS). However, federal service where Social Security taxes are withheld (Federal Employees’ Retirement System) will not reduce your Social Security benefit amounts. The Windfall Elimination Provision may apply if:

You reached 62 after 1985; or
You became disabled after 1985; and
You first became eligible for a monthly pension based on work where you did not pay Social Security taxes after 1985, even if you are still working.


Obviously, this may or may not apply to this specific case, but it would be wise to seek legal counsel to determine whether or not it would.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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11-16-2011, 10:16 AM
Post: #10
RE: NYS Disability Retirement & SSDI criteria?
Of course I have read this and just about everything else on the SSA website. SSDI and WC will not be offset by a Regular Service Retirement, but CAN be offset by a Disability Retirement. The Windfall Provision that you are citing is a totally separate matter. I am talking strictly about Regular Service Retirement vs. Disability Retirement.....504. Reduction to Offset Workers' Compensation or Public Disability Benefits

504.1 Why are disabled workers' benefits sometimes reduced?

Your Social Security (SS) disability insurance benefits, (and family benefits based on your earnings record) may be reduced to fully or partially offset your worker's compensation benefit.


SS disability insurance benefits may also be reduced if you receive public disability benefits, which are disability benefits paid under a Federal, State, or local public law or plan.

504.2 When is the reduction in the benefit made?

A reduction in your disabled worker's benefit (and family benefits based on your earnings record) may be made for any month before the month you turn 62 or 65 (See §504.5.B.). The reduction is made only if the total benefits payable to you and your dependents under the Social Security Act plus your workers' compensation plus your public disability benefits (if applicable) exceed the higher of:
A.
80 percent of your “average current earnings” (see 504.3) before your disability began; or

B.
Your family's total Social Security benefit (before the reduction).


The offset of benefits continues until you turn either age 62 or 65 depending on your onset of disability and month of entitlement to benefits
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