Page 32 of 40 FirstFirst ... 223031323334 ... LastLast
Results 466 to 480 of 594

Thread: New York State Disability Retirement System

  1. #466
    Member zinger's Avatar
    Join Date
    Mar 2008
    Posts
    411
    This jail guard has know idea what he is in for. If it's career-ending the iw will have to deal with the NYSRSD and good luck with that.
    Just a few items the iw CO will be dealing with.
    His employer Sheriff James Voutour.
    His employers IC. and ime's
    The NYS WC system.

    If the iw can know longer do his job and wants to retire with a disability he will have to deal with the NYSRSD, good luck with those people.



    Jail officer’s injury may be ‘career-ending’
    Updated: August 29, 2011, 6:27 AM

    LOCKPORT—The Niagara County sheriff’s correctional officer who broke a vertebra in a tussle with an inmate Friday was given a bad prognosis Saturday afternoon, Sheriff James Voutour said Sunday.

    The officer, whose name won’t be released until later today, was injured while trying to retrieve contraband tobacco from the inmate. The inmate pushed the officer over a desk and he broke his back on a chair.

    Voutour said doctors “were talking months in terms of length” for treatment when the officer first arrived at Erie County Medical Center, but after an X-ray Saturday, they discovered the injury “could be career-ending.”

    “He’s not paralyzed or anything, mentally he’s 100 percent; he’s just in a lot of pain,” said Voutour, who has been friends with the officer since high school. “At this point they’re just not sure how to treat it, hopefully they can figure it out [today].”

  2. #467
    Member zinger's Avatar
    Join Date
    Mar 2008
    Posts
    411
    Medicare Set-Aside : Very important:
    set-aside for medical costs Medicare covers.

    This another big subject for the iw that is waiting for a section 32 settlement and has SSD. I just talked to an iw worker that just finished up with the set aside with SSD/med. again it takes time about 6 months for SSD to set up the set aside.

    The WCMSA proposal is sent to CMS/Medicare for review and approval. YOu will receive a letter once CMS has made the determination Medicare interests have been protected. If the proposal is not sufficient in CMS eyes... they will adjust the amount, and whether you or the carrier likes it or not.. there is no dispute to CMS.
    Those numbers stand.
    At that point, you can't force them to cough more money... if they won't fund the setaside, you can use some of your money, or wait.

    The WCMSA should have been done BEFORE any dollar amount were negotiated...and include money for you to pay for services that Medicare doesn't cover. There is the potential for significant out of pocket costs... yours.

    CMS depending on the backlog at RO/Regional Offices can take up to 6 months to review a MSA>.. IF they choose to review.
    You don't have to wait for CMS... but the settlement isn't finalized until they get the documents, and approve the set aside proposal. you don't "setaside" money for SSDI considerations.. you must notify SSA of any change in your financial status..but that refers to earned income.The WCMSA proposal is sent to CMS/Medicare for review and approval. YOu will receive a letter once CMS has made the determination Medicare interests have been protected. If the proposal is not sufficient in CMS eyes... they will adjust the amount, and whether you or the carrier likes it or not.. there is no dispute to CMS.
    Those numbers stand.
    At that point, you can't force them to cough more money... if they won't fund the setaside, you can use some of your money, or wait.

    The WCMSA should have been done BEFORE any dollar amount were negotiated...and include money for you to pay for services that Medicare doesn't cover. There is the potential for significant out of pocket costs... yours.

    You can ONLY use the money in your WCMSA for services...treatment, medication etc, that Medicare would normally pay for.
    There could be huge out of pocket costs if a medication you are taking were dropped from the Medicare Approved Drug formulary. Even if there is a medication you are taking now... Medicare could drop that next year and you'd have to pay out of pocket.
    There are caps Medicare pays for in hospital stays... you need to go to www.medicare.gov and do some research on what Medicare pays for, and what they don't.

    When you submit a WCMSA proposal to CMS for review, they don't care about anything Medicare doesn't pay for.
    The money in a MSA is accountable to CMS yearly. The non MSA money is not accountable to CMS... that money can be much more important than the WCMSA dollars.

    https://www.cms.gov/workerscompagenc...wcsetaside.asp

  3. #468
    Member
    Join Date
    May 2011
    Posts
    23
    Hey zinger, check your inbox!

  4. #469
    Member zinger's Avatar
    Join Date
    Mar 2008
    Posts
    411
    This guy has been tooling around on this thread for awhile, a very good friend of mine that is a comp law attorney and reads the posts all the time had a opinion of this person.

    Zinger, looks like you have yourself a watchdog could be from an IC, WC employee, or the NYSRS employee. Also could be a PI from the IC messing with you. block!!! The IW loves this site because you educate the IW something these people hate. JJ

    This is what this person asked me in a PM
    Could you tell me the law or laws that give NYS Retirement the right to use the medical report of their choosing when making a ruling on a disability application and completely disregard the others? Also, is there case history on this? Thanks.

    Yes I can tell you, NYS has their own set of laws that they set up to protect themselves and not injured workers. They are called NYS SS laws thousands of them and one is they do not have to abide by federal laws when it comes to SSD or imes that work for the feds!

    Case history would be mine!!! and all the ime reports to go with it!!!
    Last edited by zinger; September 4th, 2011 at 09:28 AM.

  5. #470
    Member
    Join Date
    May 2011
    Posts
    23
    zinger, you have to express a little more on your last post! who/what are you talking about with regards to a watchdog? or someone being messed with? how are they being messed with ? and by who /

  6. #471
    Member
    Join Date
    May 2011
    Posts
    23
    Quote Originally Posted by zinger View Post
    This guy has been tooling around on this thread for awhile, a very good friend of mine that is a comp law attorney and reads the posts all the time had a opinion of this person.

    Zinger, looks like you have yourself a watchdog could be from an IC, WC employee, or the NYSRS employee. Also could be a PI from the IC messing with you. block!!! The IW loves this site because you educate the IW something these people hate. JJ

    This is what this person asked me in a PM
    Could you tell me the law or laws that give NYS Retirement the right to use the medical report of their choosing when making a ruling on a disability application and completely disregard the others? Also, is there case history on this? Thanks.

    Yes I can tell you, NYS has their own set of laws that they set up to protect themselves and not injured workers. They are called NYS SS laws thousands of them and one is they do not have to abide by federal laws when it comes to SSD or imes that work for the feds!

    Case history would be mine!!! and all the ime reports to go with it!!!
    zinger< can you explain a little more on this post? who?what are you talking about with regards to someone having a "watchdog" what was done to whoever your talking about that would leave you to believe this individual was being targeted? you can PM me if you like, thanks

  7. #472
    Member
    Join Date
    May 2011
    Posts
    9
    He's talking about me, sorry Kojak........just another injured worker here, don't see how any of my questions gave your Detective Attorney friend any doubt. How bout giving me a V&T quiz? I've appreciated all your help Zinger, but if you need to stop communicating me, so be it.

  8. #473
    Member
    Join Date
    May 2011
    Posts
    23
    ????????????? ok < that explains everything! lol you guys talking in code, too advanced for me i guess!!

  9. #474
    Member zinger's Avatar
    Join Date
    Mar 2008
    Posts
    411
    Attorney's Fees:

    1. All fees must be approved by a law judge and you have the right to dispute the amount requested although most requests are reasonable and usually approved. If the fee request is more than $450, the attorney must file an OC-400.1 form and the injured worker must be advised of the specific details of the fee request before it can be considered.

    2. Scott is correct that the lawyers do a great deal of work which you never see but they are supposed to list them when they present their bill to the law judge and you for approval.

    3. Legal fees are based on comp awards but not on any medical or travel expenses or reimbursements that are awarded.

    4. Sometimes small 'appearance' fees of $50 or $100 are paid periodically and then when a large sum of money is awarded and a fee made, these small amount are sometimes taken into account. And since many injured workers never get a §32, it would be inappropriate for no fees to be awarded until there is a §32. §32 fees usually take into account prior fees awarded.

    5. In workers comp, fees are substantially less than the 33% lawyers get in civil lawsuits

    6. If you get a new attorney, the former attorney must file an OC-400.1 with the a law judge who will then determine what is fair. Having two or more attorneys does not mean you will automatically have more fees. Fees would be apportioned by the law judge if your former and current attorney can not work something out.

    7. Fees are paid out of your compensation awards but when they are paid depends on how much money you have been awarded when the fee is also decided. Sometimes, fees are paid out money to be paid out over the next few months or years, whatever schedule the judge feels is fair and reasonable.

    99.9% of the attorneys treat injured workers fairly and most fee disputes come from the lack of communications. The judges and commissioner know which attorneys make up the balance and deal with them accordingly.

  10. #475
    Member
    Join Date
    May 2011
    Posts
    23
    can anyone advise how often/when the medical board meets for the NYSDRS?

  11. #476
    Member
    Join Date
    May 2011
    Posts
    23
    Quote Originally Posted by nycop View Post
    can anyone advise how often/when the medical board meets for the nysdrs?
    just for everyones info,, they meet twice a week,, tuesdays and wed!

  12. #477
    Member zinger's Avatar
    Join Date
    Mar 2008
    Posts
    411
    PTD . . . and TID.

    Permanent Total Disability (PTD) is available for those injured workers who are incapable of working at any employment due to physical limitations. It can be a difficult burden of proof, and depends upon the judge you are before. It will likely depend on your doctor's opinion with regard to the change in your condition since the time of classification.

    In addition to PTD, there is Total Industrial Disability. This is for those situations where the worker may not be PTD, but in light of their past work history, education, inability to be retrained, age, etc., the worker is not employable--even though they may have a partial disability under the medical guidelines. This is also a difficult burden, and requires that you be evaluated by a rehab program, such as VESID, and be found inappropriate for retraining.

    Talk to your lawyer, and your doctor. But also be aware that if you are receiving SSD, and there is an offset, having your WC increased to total can increase the offset of SSD, meaning you might move to total disability, yet receive no change in net benefits. And also be aware that when you have a total disability, the presumption is you are unable to do anything, and therefore you become a more attractive target for a carrier to shadow you with a private investigator to obtain evidence of activity. Where you are classified with a partial disability, there is less motive to have you under surveillance, as the partial disability assumes you can do some things, but not all.

  13. #478
    Member zinger's Avatar
    Join Date
    Mar 2008
    Posts
    411
    IW: What rights:
    "A worker gives up the right to sue when he or she gets injured on the job because we have the RIGHT to workers comp". The way i see it it is not our right to anything. I have been hurt on the job and i am receiving nothing. Don't i have rights ? I have been waiting for over 8 months for weekly checks, shots for my back pain and maybe surgery down the line and i don't have the right to any of that. And i also feel that the IC has it out for me. My name on the tip of there tongue if you no want i mean. So i fell that when the decision comes down from the ALJ it will be against me anyway So what rights do i really have when you think about it ? And this is all with medical proof of a injury that is keeping me from my job. Why don' t i have the right to sue ?? Who is going to pay my doc bills and all my other bills ? Just a thought..
    __________________________________________________ ________
    Workers cannot sue their employers because the law, passed by the legislature of this state, says that as long as a carrier has a WC policy in effect at the time the worker is injured, the worker cannot sue. There is no guarantee of benefits; there is no worker's right to benefits. The law states that the employer must provide the insurance, and the WCB administers that insurance, subject to certain minimum requirements set by statute. The worker applies for WC, and the WCB administers the claim of the worker. As long as the policy is in effect, the worker cannot sue the employer. The fact that it may take the WCB a year or more to decide whether the carrier has to pay benefits, and the worker is in limbo during this time, does not seem to bother your legislators. Your legislators were much more concerned with putting caps on workers benefits this past year, and ignored the incredible inefficiency of the entire system. There is not one piece of the "reform" legislation which rewards any carrier for providing timely, efficient benefits to workers. That was not considered.

    This was sent to me by an injured worker fighting the NYSRS and NYSWC.
    You can dedicate his/her time researching the needs for change in this system, start the ball rolling by educating the people and especially the legislature that changes are needed! Injured workers rights have been trampled on by an interpretation of laws, some of which could, if need be interpreted differently to the benefit of the injured worker! Its obvious that the insurance companies, and all of their deep pockets are the ones who direct this misguided system. Injured workers are needless denied medical care for an extended period of time, unnecessarily! Injured workers go broke while on workers compensation, as I've never heard of anyone benefiting from being on comp.; have you?
    Injured workers in the eyes of the general population are stereotyped as being lazy and living off the system, what a crap of lies that is, I definitely hate having to be a prisoner in my home, worrying about having to go out in public in fear of being trailed by a PI or someone wondering why that person isn't working when he looks like he could, not knowing that that person is recovering from a major surgery (finally authorized by comp) or what ever. I would love for the people in charge of the insurance companies, the board members of the WCB and our states legislators to live our lives for a month, live with the pain and agony and see how wonderful our lives, and our rights were protected as a injured worker being compensated after being hurt!
    Lastly, get real, fix the injured worker, compensation him/her properly and if that injured worker is found to be a fraud then punish them harshly! Remember, we are all innocent until proven guilty!

    The number one reason why I started this thread is to educate the IW. So many IW are left in the dark when the get hurt on the job!

    Read the second post on this thread! by LHARDY and IW?
    Last edited by zinger; September 13th, 2011 at 04:08 PM.

  14. #479
    Member zinger's Avatar
    Join Date
    Mar 2008
    Posts
    411
    I do receive NY State Employees Disability Retirement due to my w/c injury.

    Will the NYSIF (special funds..ic) attempt to end my comp?

    Carriers, IC, including the NYSIF, are in the business of attempting to end comp.(NYSWC new laws took effect 12/10 and who do you think is behind all of this insurance companies) That is what they do, that is how they make money, that is how these people stay employed!

    There is no formula for when one is classified. I've seen workers on temp disability for years; I've seen others classified within a year. It all depends on many factors.
    You may collect WC for life--as long as you continue to be totally disabled, and if you become partially disabled, as long as you maintain a connection with the labor market, or can show an involuntary removal from the labor market. Your NYS disability pension may help you there, but not for sure. The fact that you have a disability pension means that the state considered you disabled from performing your usual occupation. WC has a different standard. To be excused from seeking employment, you have to be totally disabled from all employment--not just your usual job, or even substantial gainful employment. If you have a partial disability, and it is shown that you could be a greeter at Walmart for minimum wage six hours a week, you are required to take that job under the WC standards. If you refuse to take that job, it is viewed as a voluntary removal from the labor market, and sufficient reason to terminate benefits.

    Proof:
    If your decision establishing your right to SSD benefits mentions your WC disability, that is some proof. If you disability pension decision mentions your WC disability, that is further proof. If you have discussed the situation with your doctor, and your doctor records the discussion and recommendation that you retire, that is further proof. If you testify that you were forced to pursue retirement due to the fact that your employment opportunities were non-existent, or would pay less than your available pension benefits, that is further proof.

    These are situations which are determined by the facts. The facts differ in every case. Some carriers do not pursue the issue of voluntary removal, and continue making PPD payments for many years without making inquiry of the worker. Other carriers are obsessed with the issue, and will make continuing inquiries of the disabled worker for proof of job searches. Depends on many factors.

    Whenever a decision is based on the facts, rather than law, there are not set answers. It all depends . . .

  15. #480
    Member zinger's Avatar
    Join Date
    Mar 2008
    Posts
    411
    Chiropractors Push to Reverse New York’s Workers’ Comp Guidelines. Again politicians, IC, and NYSWC changed the laws or guidlines.

    Lot of chiropractors have petitions in there offices to be signed if they do not ask your DC to start one.

    http://www.insurancejournal.com/news.../08/213942.htm

Page 32 of 40 FirstFirst ... 223031323334 ... LastLast

Thread Information

Users Browsing this Thread

There are currently 11 users browsing this thread. (0 members and 11 guests)

Similar Threads

  1. Cut Lancaster Over paid teachers pay
    By VegasDude in forum Village of Lancaster and Town of Lancaster Politics
    Replies: 11
    Last Post: March 13th, 2008, 11:45 AM
  2. Governor Deploys 100 New State Police Investigators To Gun Trafficking Task Forces Th
    By woodstock in forum Morning Breakfast - Breaking News
    Replies: 1
    Last Post: December 22nd, 2005, 11:37 PM
  3. NY State Comptroller Announces Third Quarter 2005 Bond Sale Schedule
    By Night Owl in forum Albany NY State budget Capital and Governor Kathy Hochul
    Replies: 0
    Last Post: July 8th, 2005, 10:02 PM
  4. 2005 Budget Address - January 18, 2005
    By Night Owl in forum Albany NY State budget Capital and Governor Kathy Hochul
    Replies: 4
    Last Post: March 29th, 2005, 12:04 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •