Approved for NYS disability retirement........

[sonny1]

Hi all,

Wow,
I had to take a cross country drive to Colorado last week to rescue my niece from an abusive "boyfriend"....I hauled butt, left last Saturday and got home Wednesday. That was with taking Monday visiting family for the day in another area! OMG!!! LONG HAUL.

Ok, anyways, so today in the mail I finally received paperwork from NYS Comptroller approving my Article 15 Disability Retirement. YEAH!!! They are back dating it to the date of application, Nov 22,2010. Here is my question: On their website it says that Article 15 is NOT offset by SS OR wc....how could that be? anyone know anything about that? I believe article 15 is disability from on the job injury, could that have anything to do with it?

I am so excited, I will get my medical coverage back. Not sure how it works as a "retired person" but as a worker, they paid medical in full. That was really all I wanted as that was killing us financially every month. They always send paperwork on the weekends when you can't call your attorney!!!

[LeglEgl]

(02-04-2012 01:26 PM)sonny1 Wrote:  On their website it says that Article 15 is NOT offset by SS OR wc....how could that be? anyone know anything about that? I believe article 15 is disability from on the job injury, could that have anything to do with it?

It has to do with your "membership date". If you were a "member" of the retirement system prior to July 2009, your SS and/or WC benefits cannot be offset.

"The Article 15 benefit is usually greater than the disability retirement benefit you would receive under Article 14, since the Article 15 benefit is not offset by your Social Security disability or Workers’ Compensation benefits. However, to qualify for the Article 15 benefit, you must have at least ten years of service credit, unless you are found permanently disabled as a result of an on-the-job accident not caused by your own willful negligence."

[sonny1]

Ok, so really, does that mean that I get to keep my regular WC and SSD payments as they are right now and whatever I get from NYS? That would be awesome!!! I know, that should have been self-explanatory, but sometimes what I see/read gets processed differently in my head, in my world!

[sonny1]

Ok, so really, does that mean that I get to keep my regular WC and SSD payments as they are right now and whatever I get from NYS? That would be awesome!!! I know, that should have been self-explanatory, but sometimes what I see/read gets processed differently in my head, in my world!

[LeglEgl]

(02-04-2012 02:14 PM)sonny1 Wrote:  Ok, so really, does that mean that I get to keep my regular WC and SSD payments as they are right now and whatever I get from NYS? That would be awesome!!! I know, that should have been self-explanatory, but sometimes what I see/read gets processed differently in my head, in my world!

NO. SS and WC DO have offsets. What the SS offset doesn't affect is your retirement/disability under Article 15. You can't draw SS AND WC at the same time unless the 80% rule is applied. Your Art. 15 money has no position in the calculations, though.

That, of course, changed in July 2009.

[sonny1]

Ok, I see. My SS is already reduced/offset because of my WC $$. The 80% rule is in affect. I just wanted to see if it was going to be offset even more because of the article 15, which I see it won't. It is all very confusing without thowing a 3rd "payment" in.

The WC insurance company hasn't responded to letter's from attorney wanting to settle (which I am in no hurry really) but do you think now being medically retired by the state, they would want me out of their system (so to speak) I believe this removes me from having to look for work now, from what my attorney told me, which was really all the WC insurance co. had to hang over me! (my restrictions are for a constant basis, daily etc.)

[sonny1]

Ok, I see. My SS is already reduced/offset because of my WC $$. The 80% rule is in affect. I just wanted to see if it was going to be offset even more because of the article 15, which I see it won't. It is all very confusing without thowing a 3rd "payment" in.

The WC insurance company hasn't responded to letter's from attorney wanting to settle (which I am in no hurry really) but do you think now being medically retired by the state, they would want me out of their system (so to speak) I believe this removes me from having to look for work now, from what my attorney told me, which was really all the WC insurance co. had to hang over me! (my restrictions are for a constant basis, daily etc.)

[jayne]

congrats Sonny...good news is always welcome and we all love sharing in the good news

[sonny1]

Thanks Jayne! It is good news, but sad too for me. Just to hear retired at age 41! Really age 40, that's when they are back dating it to. But, Things will get better and I will use the tools and resources I have to help others, just as I always have, just from a different stand point!

[sonny1]

Thanks Jayne! It is good news, but sad too for me. Just to hear retired at age 41! Really age 40, that's when they are back dating it to. But, Things will get better and I will use the tools and resources I have to help others, just as I always have, just from a different stand point!