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Thread: New York State Disability Retirement System

  1. #451
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    Quote Originally Posted by chandler View Post
    What's the max number of Doctor's that NYS Retirement can send you to and how have people been fairing on appeals lately that did not have a so called "safe correctable procedure" and how many levels of appeal are there?
    they can send you to 2

  2. #452
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    Thanks! At least there's a limit....Any word from Zinger?

  3. #453
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    this blog has been real quiet! noone either wants to give info or has info!

  4. #454
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    ZING...... where the hell have you been??? us i-w and disabled need more information...
    God must love stupid people; He made so many

  5. #455
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    can anyone advise if the board meets less during the summer? or are they this slow
    all year round??

  6. #456
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    Quote Originally Posted by nycop View Post
    this blog has been real quiet! noone either wants to give info or has info!
    The NYSRDS is a very broken system! It has been FOR YEARS!! The board of quacks meet not often enough to clean up the piles of doctor’s reports that have to be looked at and make their decisions. This is how the system works. You have an analyst that is your contact person he/she not to much help on your case (answers basic questions) as it moves along. Then there is the analysts supervisor that heads a dept of analysts. Everything is moved to the supervisor desk after all your paper work is in and that is where it sits until the supervisor moves her lazy ass and presents your case to the medical board of quacks. These MDS are nothing more than glorified IME'S. Most retired and appointed to the board through political connections. Nycop, it's the supervisor that holds a lot of it up if she is off on vac for two weeks your case sits on her desk and does not get presented to the board. I went through this for 2 years. With making contacts (employees that hated the people they worked for) with different people in Albany (but would never give me their right name) while I was going through this hellish system. Like I told you before your employer is not your best friend no matter what they tell you. Do you think your employer wants to pay you for an early retirement just because your disabled? No!!

    NYcop.Copy of my letter to our area politicians back in 2008.
    Dear Senator and Assemblymen:


    I am a member of the New York State Retirement System and it is my understanding the
    Disability part of the retirement system needs to be reformed. This system has made laws
    to protect itself, not the employee that gets injured on the job. The Retirement System
    and its Social Security laws need to be changed! The appeal system is just as bad as the
    disability section. Social Security Law Section 63 and Section 74 need to be reformed as
    do many of the laws that protect the disability system and not the injured worker. The
    New York State Disability Retirement does not recognize New York State Workers’
    Compensation or Social Security Disability (Federal SSD) as part of the disability claim.
    Action must be taken to protect all State, County, and Municipal Employees that get injured on the job. The New York State Disability Retirement System and the Hearings Bureau are broken systems and need to be fixed.
    Last edited by zinger; August 7th, 2011 at 11:55 PM.

  7. #457
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    Quote Originally Posted by nycop View Post
    can anyone advise if the board meets less during the summer? or are they this slow
    all year round??
    This goes along with my last post #456.

    I also asked the good doctor about the medical board the people that make the decisions on your medical reports for the state. In my words I’ll put it like this a bunch of doctors that sit in a room and play games with peoples lives. It is bureaucracy at it’s worst, a broken system that needs to be reformed, but will it ever happen? It is a very cruel system that most of its applicants are rejected. I do believe in fraud and there is always some trying to take advantage of the system. But as doctors tell me with today’s medicine and enough proof that a person is hurt due to job related injuries I do not understand this system at all. As one doctor put it the state is 3 billion dollars in the hole and do you think the state would give someone that is hurt anything.

  8. #458
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    zinger, i dont know whats more depressing, reading your posts regarding my disability claim with the state or watching my 401 plummet on cnbc? lol

  9. #459
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    Quote Originally Posted by nycop View Post
    zinger, i dont know whats more depressing, reading your posts regarding my disability claim with the state or watching my 401 plummet on cnbc? lol
    You just never who will get it, but it seems the longer the wait less chance.. I was a pain in the ass to these people, and I dug, dug, into this system and how it worked and it is not good. It's all political bureaucracy that runs the comp system and NYSDR system.

  10. #460
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    zinger, just got an app. to see another state doctor,, can you or anyone else post the list of all the doctors that the nysrs uses? i really want to see if this guy is on there list ,since my lawyer and several other people have never heard of him??

  11. #461
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    This is a great post,

    A regular retirement is simply what you would collect if you retire at the age of 65, or at a younger age with reduced payments over your life time. It is ordinary income and is taxable as such. A disability retirement in NYS in most cases, is kind of like an insurance settlement, in that it is non taxable income for life (unless they have changed that law & I am not aware of it). The disability retirement (at least in my case, being in the Police Plan) usually comes with the additional benefits of having an anual cost of living increase on top of being non-taxable income. You will need to check into this very carefully before deciding, to make sure the differences still exist. I strongly suggest that at the very least, you check with a knowlegable attorny before proceeding further. Keep in mind, you do not need an attorny to file, but may want one to file on your behalf or represent you in the event you file for the disability one and possibly be denied on it. The rest of my reply here is certainly a bit long winded, but please read it as to do so is really to your benefit as you will be able to tell by what happened to me.
    Some backround on my dealings with the NYSRS:
    I have been disabled since 1995, and am in a very complex but similar situation. As I have been lead to understand things over the years, first a person USUALLY can get a WCB settlement, then a NYS retirement settlement, then finally a Soc Sec settlement.
    In my case, I filed all 3 applications simultaneously, with the following results:
    First won my Soc Sec award and have been collecting my SS since 2000. According to the attorneys I had back then, that is just about unheard of.
    Second, I won a WCB settlement, & have been collecting bi-weekly payments since 2003.

    As far as the NYS Retirement goes, that has been my toughest & longest battle, and I am still not collecting. As of this Nov I will be eligable for an early & reduced (age 55 w more than 20 yrs of service) retirement.

    More specificlly, I was a Police Officer, with 24 years of service credited in the NYSRS. I have been denied my disability pension by NYS 3times so far, and am about to gear up for a fourth try. I do not know specifically which NY pension system you are in, so I can only tell you what I know as far as the Police System, and my own experience with that one.

    Under the plan I am in, you file for both ACCIDENTAL Disability & PERFORMANCE of DUTY Disability simultaneously, which I did on all 3 occassions. I was denied all 3 times, and on the 3rd time I was represented by an expert(supposedly) attorney, and ended up fighting that denial all the way up to the supreme court. Two things that are impossible to understand with the NYS retirement system is how they claim that being permanently injured while effecting an arrest is NOT a performance of duty injury related disability, or how being further injured permanently by falling down ice covered granite steps at the police station while on duty is NOT accidental disability.
    Aside from the 2 rediculous statements I just mentioned as their written reasons for denial of my applications, they further based their decision on 2 reports from the same IME quack that they sent me to twice in 2 years which stated that I was not injured or disabled and could return to full duty after starting back on "light or modified" duty. I also was injured the last 3 times, while I WAS ON LIGHT/MODIFIED DUTY!!!
    Out of 13 medical IME reports from 11 different doctors, they used only the 2 from their IME Dr to make the decision that I was not disabled. Making that seem even crazier, is the fact that the Dr/Report from the very first IME they sent me to, stated I was permanently disable as a result of 5 injuries recieved in a 4 yr period, all on duty and in performance of duty, and that I should certainly be retired and entitled to my pension.

    The reason I did not win my disability retirement was because the way the laws are written in NY, they have the ABSOLUTE right to consider any single report to base their decision on, or any combination of reports submitted to make their decision on!!

    The order sending me to the IME also states "If you have been seen or treated by this doctor on any prior occassion, that could be a conflict of interest so inform the system immediately." Since this Dr had examined me before, and was the only Dr out of 11 that had that opinion, that most certainly does constitue a conflict in any normal mind, but they forced me to return to him for the third IME under threat of automatically denying my application and baring me from any further consideration. I lost the court decision, because the law is clearly written that they can consider any opinion they care to use, in spite of the courts admission that it certainly appears that they denied me by using a "stacked deck" against me and that the other 11 medical opinions certainly cast the 2 they used from the only dissenting Dr as suspect or wrong.

  12. #462
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    Quote Originally Posted by nycop View Post
    zinger, just got an app. to see another state doctor,, can you or anyone else post the list of all the doctors that the nysrs uses? i really want to see if this guy is on there list ,since my lawyer and several other people have never heard of him??
    Go to this site and follow it to Erie County. Most ime's do both NYSWC,and NYSRD I have seen ime's for wc and retirement system. PM me this quacks name and I can look and see if I see his name on some other state site. NYCOP looks like they are giving you a real run around now.




    http://www.wcb.state.ny.us/content/m...AuthIMEWNY.jsp

  13. #463
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    Questions on what a WC appeal hearing is all about.
    During my fight with the ic I had two appeals that went to a board review with the NYSWCB. I won both appeals and the ic took it on the chin. I tried to find my cases on line with the state, so i could post them up so the iw had an idea what a appeal review looks like. I could not find my case but just as good follow the link and the cases.


    some decisions
    http://www.wcb.state.ny.us/content/m.../decisions.jsp
    Last edited by zinger; August 22nd, 2011 at 12:49 AM.

  14. #464
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    [QUOTE=zinger;780859]Questions on what a WC appeal hearing is all about.
    During my fight with the ic I had two appeals that went to a board review with the NYSWCB. I won both appeals and the ic took it on the chin. I tried to find my cases on line with the state, so i could post them up so the iw had an idea what a appeal review looks like. I could not find my case but just as good follow the link and the cases.

    i Would love to see some POSITIVE decisions from appeals with the NYSRDS?? you wouldnt believe the **** the state is pulling with me! it really is very political and is set up to see you lose!! i will PM you soon as i get an answer on something
    some decisions

  15. #465
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    SSD, Disability benefits add to SS woes.

    http://www.thenewstribune.com/2011/0...-security.html

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