Did NYCERS Deny Your Disability Pension?
Reach out to the Local for guidance and direction for financial assistance if you are removed from payroll. The road can be rocky, but we are here to help you and show you your options. You should write to NYCERS quickly to advise them you have new medical evidence and wish to Remand back to the medical Board. Call the Local and have them advise the DC37 Trustee to assist you remanding it back. You also need to have NYCERS send you the minutes of your board so your doctor can review/rebut them. If you cannot get this done fast enough, quickly Re-file with that new evidence. Time to apply quickly diminishes the longer you are off payroll or are terminated. You can also file a waiver and apply for Final Medical Review. In this process you will see three independent doctors and the majority need to assert you are disabled to overrule NYCERS. Contact the Local for assistance.
Options
As soon as you learn you are denied, you can do a few things to prepare until you receive your Board minutes explaining the reasons behind your denial. Sometimes, it is not specific. Review your medical documentation and make sure you gave the board everything. Get together all updated documents that you did not submit, get a narrative from your physician if you did not get one before and call the Union. Request Board Minutes from NYCERS in writing after you learned you were denied..
When you receive the minutes, review them. If there are any errors or omissions, you will need to write a letter describing the errors the Board made and provide supporting medical back-up. When you have new evidence ready, get it to the medical board QUICKLY and request to be Remanded Back to the Medical Board. Your new info has to be in before the Medical Board sends their decision to the Trustees. If you fail to meet this deadline, you will have no choice except to Re-file a new application with new medical evidence or opt for Final Medical Review. You can hire an attorney to assist you in your appeal as well. A last resort is to file an Article 78, which is a lawsuit, but they can be costly and rarely change the Board’s decision. For this option, you should seek an attorney that specializes in EMS pension. Call the union if you need assistance.
Stay Calm
Cooler heads prevail. You need to remember to stay calm and know that many members have been through this process before and have been in your shoes right now. I suggest to members to look at their case like as if they were an attorney and need to convince 3 people that have no clue what your situation is that you are disabled. You understand medicine. You have seen patients in the field that you believe and those you didn’t. Prepare yourself with this information and plug up the holes in your case with new medicals evidence. If you do not believe you have enough medical evidence that says you are disabled, get a narrative report from your doctor or seek a second opinion.
What to do...
Pension applications need to be timed right, especially if you are on LODI. You do not want to file too late, as NYCERS will usually not see you for at least 6 months after surgery. If you are denied your application, it may be for several reasons:
- You did not submit enough medical evidence
- They did not find you disabled
- They found you disabled but not by an accident and granted you the 1/3 (violates the bill)
- They detail their reasons in your board minutes
