Filing For Your Accident Disability pension 607b & 207Q
The Application
You should file an application for Disability Retirement while still on payroll. Preferably with at least 6 months of LODI time or leave time left at a minimum or within12 months after your receive notification of termination from being placed on a leave. This is usually a Section 71 termination; terminated due to being unfit from a line of duty injury and not returning to work within 12 months. After these time frames you lose eligibility to file.
The application must be filed by you OR:
1) A person with the legal authority to act on your behalf
2) the head of the agency where you are employed on a form provided by NYCERS which must be accompanied by proof substantiating the application including your Personal Report and a Physician’s Report of Disability.
The following NYCERS forms must be completed:
A) 604 Application for Disability Retirement for Tier 4 Members
B) 605 Applicant’s Report of Disability
C) 606 Physicians Report of Disability
D) 608 General Authorization for Release of Medical Records
E) 609 Questionnaire to be completed by Applicant for Disability Retirement
Form #801, Instructions for Members Applying for a Disability and #922 the Brochure on Disability Retirement will assist you in this process.
Additional Evidence
You will need copies of all films with their accompanying reports that show an injury pre and post surgery. All ER Records, admissions records, medical back ups to the C-4’s your doctors submitted, Worker’s Comp decisions or Social Security Decisions denoting disability, Physical Therapist notes and other pertinent medicals to prove your disability. You should also obtain a letter from your physical therapist advising your of your progress, and any remaining disability or loss of use, and a narrative from your treating physician on your injury, treatment, disability and how this prevents you from performing EMS work. There are usually fees for these, and they can be costly.
Review all your medical evidence, and do not hand in anything that is not supportive or does not provide any useful information. You do not want to inundate the board with useless information. Remember, pertinent positives and pertinent negatives. Know what your documents contain, because at the medical exam if the doctors ask you questions or do not remember seeing something, you can quickly address it and remind them which document to look at to get the information they need.
You can have an attorney or your Union Representative with you at the Medical Board. They can stay with you through the interview, but are required to leave when the physical examination begins.
Other disability income
You may collect on Disability Insurance Plans without any reduction of Retirement Benefits. You are also eligible to file for Social Security Disability (SSD). After your major Worker’s Comp treatment has concluded, you can close your case. If you are classified, all your prescriptions and maintenance doctor visits are included for your lifetime. Surgery and tests may require you file for a hearing to re-open your case. Comp money for dates after your retirement date will reduce your pension dollar for dollar AND reduces your SSD if you go over the 80% average salary figure of combined Comp and SSD. This means, if your combined Comp and SSD checks exceed 80% of your last average salary, they will reduce your SSD. If you accept any scheduled awards after retirement, be sure it is for dates of loss before your retirement date or it will offset your pension. You must advise NYCERS of this award and your pension payments may stop till you would have accumulated that amount from them. You can accept a reduced Comp award so your SSD is not offset. You are required to advise NYCERS of any money you receive from Comp. Failure will result in your pension being withheld. It is OK to take the Comp award, just make sure you budget yourself with the Comp award since your pension payments will most likely stop temporarily. Most people do collect both Comp and pension, and the total of both checks is your ¾ pension. It is just imperative that you advise NYCERS of any money you get from Comp, or the consequences can be financially stressful.
