New York State Disability Retirement System

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Re: Compensation payments :

If you were paid wages while you were out for the compensation injury, then the WC carrier would not be required to make payments to you. The fact that you mention you want your sick time reinstated would indicate that your employer paid you while you were out. The employer will seek reimbursement of the wages paid when an award of compensation is made to you, and at that time the sick time will be reinstated. It would not be unusual, if your employer paid you wages as sick time, to wait until the permanency finding to reimburse the employer and reinstate your sick time.If you believe that the employer is treating you shabbily due to the fact that you filed a WC claim, there is a provision under the WC law, section 120, which bars discrimination against an injured worker for filing a claim. It is a tough burden for a worker to prove, but it is there. Talk to a lawyer who can review your entire case.Be aware that if the employer lays you off for economic reasons, e.g. a poor economy that is not discrimination. There are many people facing layoff in these times. If, however, you can show a direct relationship between your status as a compensation claimant and the layoff, then it would be discrimination.When there is mention of a permanency, that is an indication that you will be receiving an award for a scheduled loss of use. This is an award made even if you have continued to work. When you meet with a lawyer, discuss the potential for an SLU.If you have had a reduction in wages due to your WC disability, then you have a claim for reduced earnings. The WC judge will direct the carrier to pay you 2/3s of the lost wages, which are attributable to your disability. However, if your reduction in wages is due to economic conditions, e.g. it happened to other workers who were not disabled, and then there is no compensation for lost wages.

o

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New York Attorney General Andrew Cuomo was in town a few weeks ago talking about his support for major reforms in what he calls the corrupt management of this states pension system. It appears he may have the votes to gain passage in the States Legislature. But then again they have been trying to do this for the past forty years and it seems like it never works out. Cuomo called the pension fund a piggy bank for former disgraced comptroller Allen Hevesi. So Cuomo wants a board of directors to over look the pension system on top of the present comptroller DiNapoli, another blanket of government for a state that is broke.
The NYSRS disabilities and hearing division are part of the pension system and it is filled with government bureaucracy and needs reforms. So where is the NYSAG, Cuomo on this matter? I have written four letters to Mr. Cuomo in the past two years on this matter. His response to my first letter was this office would not look into the disability system since it is not in his jurisdiction. (Then who looks into this)? You have thousands of i-w that have legitimate injuries that have been denied benefits. Why? Is it because of the laws that have been made to protect the State and not the disabled? A corrupt system? Is it because of the bureaucracy that this system has been entrenched in for years? The disabilities and hearing division of the retirement system to say the least are top heavy with employees and salaries $, besides it is the worst system in the nation right along with the appeal system, and AG Cuomo looks the other way,,,, and the other three letters were never answered.
The politicians that are in favor of Cuomo’s watchdog group for the pension system are,
Sens. Stachowski, and George Maziarz. Assembly members Dennis Gabrysazk, Sam Hoyt , Francine Delmonte and Mark Schroder. Myself have contacted every one of these politicians into looking into the NYSRS disabilities and none of them had the balls to respond to any of my letters. The 2010 elections will be here before you know it and Gov.Patterson, and Comptroller DiNapoli were appointed to the jobs they hold right now and are up for election. Stachowski, Volker and Maziarz are up for election as Gabrysazk. If you are getting jerked around by the NYSRS disabilities and the appeal system contact your rep. fax a copy of your medical reports over with your award letter from SSD and ask why am I being denied disability benefits and why have I been waiting years for an answer! Politicians have no idea what is going on in the retirement’s disability system. Why because they are told nothing about your medical reports or medical condition so help your rep out and send him some of your doctors reports

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“There are five major objectives for a modern workmen’s compensation program in NYS. Four of them basic, and an equally important one that supports the others. It’s the fifth one, that states an effective system………
The four basic objectives are:
· Broad coverage of employees and of work-related injuries and diseases
· Substantial protection against interruption of income
· Provision of sufficient medical care and rehabilitative services
· Encouragement of safety (economic incentives in the program should reduce the number of work-related injuries and diseases)

The achievement of these four basic objectives is dependent on a fifth objective:
· An effective system for delivery of the benefits and services”

I remember this quote from Dr. Herbert from an article in the NY Times back in April of 2009 about the NYSWC system.

“This is a terrible thing to say,’ said Dr. Robin Herbert, co-director of the occupational and environmental division at Mount Sinai Medical Center, ‘but if I had a health problem at work, I’m not sure I’d file a workers’ comp claim. It’s the Wild West of health care. There are serious problems with the NY State system, including an average of 200 days to resolve disputed injury claims.

I would have to say it’s longer than 200 days to wait on a disputed claim. If the ic appeals for board review on the claim the average wait for a appeal decision is six to nine to a months. It would be more like 400 days before the claim gets resolved.

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This post was sent to me by an injured worker off another site. Also the news article was on yahoo news.

A canadian woman loses her benefits when she posts on facebook.

Yep, she didn't need to followed by a PI she took the pictures for them.

The other day I was having a good day (one out of 20) and decided to go out and get the mail;well, I get out there and end up dropping a letter in the wind and try to chase it across the yard. I finally stop it from blowing across the yard with my foot but can't bend over to pick it up. Long story short, I get the letter and back in the house panting and aching with pain after the chase. NOW!!!!! what if a PI had snapped my picture at the time the letter dropped in the wind? Well...!
I'd probably look like I was doing alot better than I had portrayed to my doctor. The next 2 days were hell and leg pain from the ridiculopathy!!! was a 12!!!!!!!!!!!!!!!

This girl was most-likely having a good day and or faked a smile,only to get it thrown back in her face. My best advise would be: Watch what and were you post, it could be detremental to your cased.

As this article shows, "We are guilty until proven innocent"!

BE CAREFUL, A PICTURES WORTH A THOUSAND WORDS


Canadian woman loses benefits over Facebook photo:
Sun Nov 22, 1:20 pm ET AP
BROMONT, Quebec – A Canadian woman on long-term sick leave for depression says she lost her benefits because her insurance agent found photos of her on Facebook in which she appeared to be having fun.

Nathalie Blanchard has been on leave from her job at IBM in Bromont, Quebec, for the last year.

The Canadian Broadcasting Corp. reported Saturday she was diagnosed with major depression and was receiving monthly sick-leave benefits from insurance giant Manulife.

But the payments dried up this fall and when Blanchard called Manulife, she says she was told she was available to work because of Facebook.

She said her insurance agent described several pictures Blanchard posted on Facebook, including ones showing her having a good time at a Chippendales bar show, at her birthday party and on a sun holiday.

Blanchard said Manulife told her it's evidence she is no longer depressed. She's fighting to get her benefits reinstated and says her lawyer is exploring what the next step should be.

Blanchard told the CBC that on her doctor's advice, she tried to have fun, including nights out at her local bar with friends and short getaways to sun destinations, as a way to forget her problems.

Manulife wouldn't comment on Blanchard's case, but did say they would not deny or terminate a claim solely based on information published on Web sites such as Facebook.

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My post from 5/09

More on New York State CORRUPT former comptroller Allen Hevesi. A sweeping corruption investigation of the state pension systems in NYS has expanded nation wide. Mr. Hevesi and his son, Daniel, have not been charged (yet) and both say they have done nothing wrong. The criminal complaint has charged Saul Meyers, tried to get additional business with the pension fund and gain Hevesi’s favor by helping one of his sons land a $250,000 fee in an investment deal with the New Mexico Investment Council. Meyers also was hit with corruption charges for allegedly paying $300,000 in kickbacks to Hevesi’s top aid political aid in exchange for landing a retirement fund investment deal worth $175 million. The main character of all this is Hank Morris a campaign strategist who was the top political advisor to Hevesi. Andrew Cuomo has said stay tuned more charges are on the way.
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NEW YORK, N.Y. (December 3, 2009) - Attorney General Andrew M. Cuomo yesterday announced more arrests in this on going investigation into the pension fund. There are state officials involved in this as of now AG office will not release the names of the officials.
While disabled and i-w workers were put through hell of the NYSR disability system Mr. Hevesi played game with pension and disability money.

“Gifts Included Payments to an Official’s Friends, a Sham Consulting Contract, Luxury Travel Expenses in Israel for Officials and Family Members, and a Concealed Payment to the Loglisci Brothers’ Movie, “Chooch”

AG Cuomo, "Corruption corrodes the integrity of the pension system and the public’s trust in government. That is too high a price to bear.”
There is NO public trust in government in this state! Has AG Cuomo looked into the NYSRS?
As soon as the state officials names are released and charged I’ll post them.



Full article:
http://www.oag.state.ny.us/media_cen.../dec3b_09.html

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July 22nd, 2009, 09:56 PM post # 311

About a week ago I talked to an injured worker that was hurt on job about two years ago and employed by a local municipality. The person was jerked around by WC and his employers ic for the last two years and finally just settled his case in court. The law judge’s decision was special funds to pay the settlement in the case. The person settled for six-figure amount ($) and did what his attorney recommended. About two weeks after the court case this person is notified that the IC (special funds) are appealing the law judge’s decision on the settlement. The appeal can take about six to nine months for a decision from Albany. So after two years of fighting the IC continues to screw with you! On this case the injured worker was awarded full SSD for work injuries a six figure settlement, but again denied his disability benefits from the NYSRS. Anyone that is in the NYSRS injured or not it would be in your best interest to contact your area representative and complain about this broken system. Remember what the biggest law firm in NYC told me in an e-mail the system is BROKEN! If you call your rep you do not want to talk to their staff you want to speak to the assemblyman or the senator! If they are not in ask when they will be because you would like to speak to that person. This November Gov. Patterson and Comptroller Thomas P. DiNapoli are up for election they both were appointed to the positions they hold. Both have done nothing about the two worse systems in the country WC and the NYSRS disability yet alone anything else for this STATE!!!! Get involved in what is going on in state government, and in your local area.
The injured and disabled worker need not be AFARIED as 99 percent are. Speak up for your rights; the Internet is a very powerful tool use it

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This injured worker has contacted me and has received the appeal decision from the NYWC board. The i-w won the appeal and the board went with the judges decision on award payment. This was nothing more than a delay by the I-C to pay the i-w. Congratulations to the i-w!! The municipality that was fighting this was Town of Cheektowaga.

http://politicalclassdismissed.com/
http://www.timesunion.com/

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December 7, 2009

Remember Pearl Harbor.


Doris "Dorie" Miller was a cook in the United States Navy noted for his bravery during the attack on Pearl Harbor on December 7, 1941. He was the first African American to be awarded the Navy Cross, the third highest honor awarded by the US Navy at the time, after the Medal of Honor and the Navy Distinguished Service Medal (today the Navy Cross precedes the Distinguished Service Medal).

Miller was born in Waco, Texas, on October 12, 1919, to Henrietta and Connery Miller. He was the third of four sons and grew up in a strong and loving household. He enjoyed playing with his brothers but was also a considerate child. He often helped around the house, cooking meals and doing laundry, as well as working the fields. Miller was a good student and a fullback on the football team at Waco's A.J. Moore High School. They called him the "Raging Bull" because of his size (5 ft 9 in, over 200 lb). He worked on his father's farm until enlisting in the United States Navy as Mess Attendant, Third Class in September 1939. Following training at the Naval Training Station, Norfolk, Virginia, Miller was assigned to the ammunition ship USS Pyro where he served as a Mess Attendant, and on 2 January 1940 was transferred to USS West Virginia, where he became the ship's heavyweight boxing champion. In July of that year he had temporary duty aboard USS Nevada at Secondary Battery Gunnery School. He returned to the USS West Virginia on 3 August 1941.

Miller awoke at 6:00 A.M. and was collecting laundry when the alarm for general quarters was sounded. He headed for his battle station, the antiaircraft battery magazine amidship, only to discover that torpedo damage had destroyed it. He went on deck where he was assigned to carry wounded fellow sailors to safer locations. When Captain Mervyn Bennion was injured by a bomb splinter, an officer ordered Miller to the bridge to help in the effort to move him to a place of relative safety. Miller picked him up and attempted to carry him to a first-aid station; the Captain refused to leave his post and remained on the bridge until his death. When directed to assist in loading a pair of unattended Browning .50 caliber anti-aircraft guns, Miller took control of one and began firing at the Japanese planes, even though he had no training in operating the weapon. He fired the gun until he ran out of ammunition. Japanese aircraft eventually dropped two armor-piercing bombs through the deck of the battleship and launched five x 18 inch aircraft torpedoes into her port side. Heavily damaged by the ensuing explosions, and suffering from severe flooding below decks, the West Virginia slowly settled to the harbor bottom as her crew—including Miller—abandoned ship.

Miller was commended by the Secretary of the Navy Frank Knox on 1 April 1942, and on 27 May 1942 he received the Navy Cross, which Fleet Admiral (then Admiral) Chester W. Nimitz, the Commander in Chief, Pacific Fleet presented to Miller on board aircraft carrier USS Enterprise (CV-6) for his extraordinary courage in battle.

Miller’s rank was raised to Mess Attendant First Class on June 1. On June 27, The Pittsburgh Courier called for Miller to be allowed to return home for a war bond tour like white heroes. The following November 23, Miller arrived at Pearl Harbor, and was ordered on a war bond tour while still attached to USS Indianapolis. In December and January he gave talks in Oakland, California, in his hometown of Waco, Texas, in Dallas, and to the first graduating class of African-American sailors from Great Lakes Naval Training Station, Chicago. The Pittsburgh Courier continued to hammer to return Miller for a war bond tour in the February 6, 1943 issue. The caption to Miller’s photo read, "He Fought... Keeps Mop", while another white hero of Pearl Harbor received a commission to officer. It said that Miller was "too important waiting tables in the Pacific to return him", even though he was already on tour.

Doris Miller reported for duty at Puget Sound Navy Yard on May 15, 1943. His rank was again raised, this time to Petty Officer, Officer’s Cook Third Class, and he reported to USS Liscome Bay, an escort aircraft carrier. After training in Hawaii for the Gilbert Islands operation, the Liscome Bay participated in the Battle of Tarawa beginning November 20. On November 24, a single torpedo from Japanese submarine I-175 struck the escort carrier near the stern. The aircraft bomb magazine detonated a few moments later, sinking the warship within minutes. There were 242 survivors. The rest of the crew was listed as "presumed dead". On December 7, 1943, PO Miller's parents were notified their son was "Missing in Action." A memorial service was held on April 30, 1944, at the Waco, Texas, Second Baptist Church, sponsored by the Victory Club. On May 28, a granite marker was dedicated at Moore High School to honor Miller. On November 25, 1944, the Secretary of the Navy announced that Miller was presumed dead.

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How Long Does It Take After Denial of your SSD application? I have been getting lots of emails on this topic. Bloging on two other sites have kept me very busy lately, so I am sorry for any delays in answering some of you. I try to hit on a variety of subjects since we have all kind of injured and disabled workers, whether you work in the private sector or public sector we are all in the same boat. I have received pm’s and emails from i-w saying post more about the broken system of the NYSRS, disabilities or SSD-I, or the reforms need to be made to the NYSWC systems, and NYS politics. My goal was to start a blog to give out good information to the i-w and disabled and how politics plays a roll in screwing the i-w. If the i-w only knew how many people hate sites like this that gives out information to help the i-w. Hopefully in 2010 we can get some of these deadbeat lazy politicians voted out of office.

How Long Does It Take After Denial of your SSD application? Here is some great information and sites to check out.

Apparently there is confusion on the SSDI process... info on the FOUR levels is here SSDI Process Quote:Social Security Disability Insurance (SSDI) benefits are not based upon or affected by your other income or assets (means based). Disability benefits are determined by how much a taxpayer has paid into the program (payroll taxes).There are four levels in the Social Security Administration's (SSA) review and award system for disability. There is an additional level that takes you out of the SSA system to Federal Court, although only a small percentage of applicants will pass through all five levels.

Along with what you can expect at each level of the appeal/review process.http://www.allsup.com/about-ssdi/ssdi-process.aspxThere are over 200 sedentary jobs SSA looks at to see if there is something you can do for ''gainful employment''.

The Occupational Base for Sedentary Work The term "occupational base" means the approximate number of occupations that an individual has the RFC to perform considering all exertional and nonexertional limitations and restrictions. (See SSR 83-10 [cite omitted]) A full range of sedentary work includes all or substantially all of the approximately 200 [Note 5] unskilled sedentary occupations administratively noticed in Table No. 1. \5\ The regulations specify that this is an approximation. The revised fourth edition of the Dictionary of Occupational Titles and its companion volumes (the DOT, 1991) lists 137 separate occupations.

More on this is here http://198.173.77.58/ssas/index.htmEveryone should be informed about the offsets and how they are affected by WC benefits, and how your SSDI/Retirement Ins Benefits can be affected...

Social Security Advisory Service -http:// www.ssas.com Since worker's compensation offset applies only to disability benefits, a client facing a heavy reduction can switch to retirement benefits at age 62, for example, if doing so yields more monthly income.
If there is any agency that uses more acronyms than SSA, I have not seen it... RIB/Retirement Ins Benefits, DIB/Disability Ins Benefits.At any rate...go here http://198.173.77.58/ssas/rib-dib.htm and follow the links for more info on how SSA handles your entitlements.

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http://www.allsup.com/about-ssdi/ssdi-process.aspxthere

On the question about this site, how to navigate it so you can find the steps about SSD.
You bring the site up to the home page and at the top of the page is what is called a menu bar you want to click on the tab that says SSDI. A drop down menu will appear and click on SSD process the different LEVELS of the SSD process will appear click on each on. This site is one of the best I have seen so far when it comes to the process on how your case would proceed.

There are four levels in the Social Security Administration's (SSA) review and award system for disability. There is an additional level that takes you out of the SSA system to Federal Court, although only a small percentage of applicants will pass through all five levels

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On the work place discrimination issue, lots of questions since there is a thread and posts about an employee on this site that has filed a lawsuit on discrimination because of disabilities on a local municipality. I will not name the town until all facts are in and when the date of the suit was filed, we are working on this. I will list some steps that you can follow it you think your employer is discriminating aganist you because you are handicapped.
A few things you need to know before filing a charge. If you are disabled and retune to work your employer has to make a reasonable accommodation for you. It should be said in a letter from your personal director or the owner of the company. It should say something like, please contact this office if you would need accommodations to perform a certain job or duties. Right then and there your employer is covering their butt! Charges could be filed if you request for help and receive none. Proof of a disability NYSWC papers that say you have a PPD, SSD award papers that you are disabled due to work injuries, and all doctors reports. Keep a good file of all your records and always make copies just in case they get lost.
The best advice that I can give if you feel your employer is discriminating you because you are disabled is to call the NYSDOHR. A person will take some information where you can be reached and someone will contact you regarding your questions. I have talked to the people at this office on a number of occasions and they are very, very helpful. You can check the web site out, and on page nine is a listing of all offices in the state for the people that are not from the WNY area.

http://www.dhr.state.ny.us/

NYS Division of Human Rights
The Walter J. Mahoney State Office Building
Buffalo, NY. Phone 716-847-7632

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Zinger, You need to start getting your people toghter. Organized group for
pain management meetings maybe once a month in your area. Did you ever consider this?

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The follow up from post #355:

Today I had a chance to meet with Mrs.Klaffka on the discrimination issue and have received the facts on this case. The charges of discrimination where filed by,

NYS Division of Human Rights
Pursuant to Executive Law Article 15
Christine Klaffka
Vs
Town of Cheektowaga & Dept. Head
Filing date 11/17/09 case # 10137900

On the Federal Level:
EEOC charge number # 16GB000793

The town has till Dec. 21st to respond to the charges of discrimination of the rights of a disabled person. Mrs. Klaffa suffers from Multiple Sclerosis. I will talk more on how a case like this will proceed through the court sytem on my next post.

[dtwarren]

This is not pending in a court it is an administrative proceeding pending in the NYSDHR. From here the NYSDHR will determine whether or not there is probable cause for a public hearing after conducting its own investigation.

See: http://dhr.state.ny.us/how_to_file_a_complaint.html

[dtwarren]

Along with what you can expect at each level of the appeal/review process.http://www.allsup.com/about-ssdi/ssdi-process.aspxThere are over 200 sedentary jobs SSA looks at to see if there is something you can do for ''gainful employment''.

The Occupational Base for Sedentary Work The term "occupational base" means the approximate number of occupations that an individual has the RFC to perform considering all exertional and nonexertional limitations and restrictions. (See SSR 83-10 [cite omitted]) A full range of sedentary work includes all or substantially all of the approximately 200 [Note 5] unskilled sedentary occupations administratively noticed in Table No. 1. \5\ The regulations specify that this is an approximation. The revised fourth edition of the Dictionary of Occupational Titles and its companion volumes (the DOT, 1991) lists 137 separate occupations.

The Dictionary of Occupational Titles is considered by the U.S. Department of Labor as being obsolete and one should object to its use at the hearing before the ALJ. See: http://ssaconnect.com/tfiles/DOL-DEAD-DOT.pdf

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This is not pending in a court it is an administrative proceeding pending in the NYSDHR. From here the NYSDHR will determine whether or not there is probable cause for a public hearing after conducting its own investigation.

See: http://dhr.state.ny.us/how_to_file_a_complaint.html

dtwarren,No this case is not pending in court yet but what I seen yesterday there is no doubt in my mind. The town wanted to drag it out longer with their relpy to the charges but was cut back on the time by NYSDHR, (A typical move a employer would do or the i-c delay!) so that tells me something right there.
This case with NYSDHR is not pending, but Mrs.Klakkfa also has a attorney were a suit could be filed at anytime.

dtw, this is a very good site http://www.occupationalinfo.org/


http://politicalclassdismissed.com/
http://www.timesunion.com/