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Thread: New York State Disability Retirement System

  1. #496
    Member zinger's Avatar
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    Reimbursement of Sick Time to Employer:
    IW claim was made in the State of NY had to use my sick time when I first got hurt until it was gone. Now the wc judge ordered the sick time be paid back to the employer. since then I retired so now what happens to that sick time money.

    You can negotiate the issue with your ER... in the end, the judge will be notified of the result.

  2. #497
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    SSA If you forget to include you sick time, vac, and PL days.

    Shouldn't make any difference in the SSA application process... sick time/PT or vacation is not wages.
    If there is an adjustment to be made, SSA will take that after you are approved for your entitlement.

  3. #498
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    Qualifiying For SSD: If you are injured and disabled you never give up fighting, WC, your employer,SSA.. The number one thing these people want is for you to just go away.

    IW,If you are disabled,FIGHT, FIGHT, FIGHT! I got knocked down 1 time but not knocked out. I finally won by Knockout.

    IW, applied for SSDI. After filling out all the necessary papers myself online I was called to come to the SSA Office. This took approx. 1 month.
    When my number was called at the SSA office, The lady pulled my application and we went over it. She told me it looks like you have a good case EXCEPT YOU ARE ONLY 46.
    Approx. 2 months later, I got a call from a man from the SSA and he told me my application was being looked at. He also made a point to tell me "YOU HAVE A GOOD CASE. I WILL TELL YOU MR. _______ THE MAGICAL AGE IS 50.
    Approx. 3 months later I was required to see a SS approved Physician.
    Approx.1 month later I received the dreaded letter DENIED!
    I secured a Attorney and appealed. 6 months later I received a court date.
    I go to the "place" where I am to see this Judge.
    30 minutes into waiting, A lady came in and ask my Attorney to come with her. She said the Judge wanted to see my Attorney only. My wife and I did not know what to think or expect.
    10 minutes later, My Attorney came back into the room and said "Well its over. The Judge said to expect his Verdict in approk 4-6 weeks and it would be A favorable decision. I received that letter 4 weeks later.
    Approx. 2 months later I received my Back Payment check. 1 week later I received my Rewards letter as SSA calls it. Yeah I got my back pay before the rewards letter.
    From the time I applied until I received my Back pay was approx 15 months.
    I was approved at 48 years old.

    http://www.ultimatedisabilityguide.com/index.html

  4. #499
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    NYS and Local Employees Retirement System Does Need Reform

    zinger,
    I have been reading your posts for 4 years. Is there some way I can communicate with you privately? If it is by private message---how do I do that? I qualified for SSD at the age of 42 years. NYSLRS denied me my benefits. I am fighting for them now.
    blueroof70

  5. #500
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    is this thread dead? awaiting appeal any advice or words of encouragement?

  6. #501
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    Performance of duty disability denied

    Firefighter here. Anyone ever heard of this? I went to see a state doctor who agreed with my surgeon that I am totally disabled. The state must not have liked this answer because they sent me to another state guy
    who now claims I can go back to work. They decided to go with the new guys recommendations and denied my claim. Now I have to appeal. What gives? Does this doctor shopping work for them? I don't feel good
    about my chances in the appeal. How do they argue against one of their own guys? What are my chances?

  7. #502
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    Thisdam, You have to remember you are dealing with the worst system in the country NYSDRS. They will send you to doctors until they received the right answer the one they want to hear! They careless about your doctor or your records take it from me, I went through the same thing you are. Your appeal you will wait about a year for any answer from them....! Remember if you are collecting SSD from the Feds this can not be brought up in your appeal this state does not agree with SSD the state has it own rules and the appeal judge does not want to hear it... The state would rather fight you with all their attorneys and the appeal process then pay you a Dis. pension..

  8. #503
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    Quote Originally Posted by zinger View Post
    Thisdam, You have to remember you are dealing with the worst system in the country NYSDRS. They will send you to doctors until they received the right answer the one they want to hear! They careless about your doctor or your records take it from me, I went through the same thing you are. Your appeal you will wait about a year for any answer from them....! Remember if you are collecting SSD from the Feds this can not be brought up in your appeal this state does not agree with SSD the state has it own rules and the appeal judge does not want to hear it... The state would rather fight you with all their attorneys and the appeal process then pay you a Dis. pension..
    I agree with you 100 percent! iam in the same boat .. i have substantial evidence in my favor and saw 1 state doctor and hwe wrote an unfavorable report, which also landed me in the appeal process! From what im told now, it will depend on the hearing officer, some are better than others! Zinger, glad to see your still around , I sent you a private message not to long ago, check your box ..

  9. #504
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    Quote Originally Posted by Thisdman View Post
    Firefighter here. Anyone ever heard of this? I went to see a state doctor who agreed with my surgeon that I am totally disabled. The state must not have liked this answer because they sent me to another state guy
    who now claims I can go back to work. They decided to go with the new guys recommendations and denied my claim. Now I have to appeal. What gives? Does this doctor shopping work for them? I don't feel good
    about my chances in the appeal. How do they argue against one of their own guys? What are my chances?
    This is all a money thing with these docctors, if you go to the hearing data base and check all the cases in the appeal process, you will see the same doctors are involved in all these cases.. these doctors know that if they keep writing negative reports, the state will keep sending them applicants.. they like the doctors who deny you.Im sure the doctor who wrote the negative report for you is one of thsese doctors who always writes negative reports..

  10. #505
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    The average IME makes about $3000.00 a month from the state. Some IME's are retired doctors some I call double dippers they hold a medical practice and do IME work for the state. Your back Dr. could be a double dipper I will not go to a doctor that does this I have dropped two doctors because of this. I have found a very good pain management doctor and he will not see any WC cases as a IME. In fact he told me not long ago both NYSWC and NYSRSD are very bad systems but what can you do. So be careful who your doctors are because they talk out of both sides of their mouths. I will try to find a list and post it up of all IME's that the state uses.

  11. #506
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    Impact of IME on Disability Rating and Benefits: very important

    IW Q.. If (when)the IME reduces my percentage can the insurance company cut my checks or do I have to go for another hearing?

    Once you have a court ordered comp rate (i.e. "ccp" rate), the carrier "may not reduce your rate" without first requesting a hearing. You will receive the IME report at least several days ahead of the insurance company. If the IME doctor opines that you are less than TTD ,then the examiner will file an RFA2 (request for action) requesting a hearing. More time's than not the IME will find a TPD not a TTD, so make sure you have a recent medical report from your doctor by the time you have the hearing.

  12. #507
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    More on the IME, and what the IW is up against.
    One New York City physician maintained that there are two broad categories of IME physicians: those who "don't believe in work-related diseases" -- whose orientation results in the minimizing of disabilities, and those who "couldn't make it in regular medical practice."

    Doctors, attorneys and injured workers interviewed for this report expressed concern about the lack of specific legal criteria to define who can and cannot perform an IME . They contend this lack of specificity creates opportunities for incompetent doctors to perform the exams.

    Cases have been reported of doctors from other states being flown in to conduct IMEs -- even though they have no license to practice in New York State. Moreover, a number of workers have reported being referred to doctors that they later discovered had been disciplined by authorities in New York and other states, according to information compiled by Injured Workers of New York, a nonprofit advocacy group.

    In Buffalo, the group contends, carriers are still using one IME physician who was:

    forced to surrender his license in Massachusetts,
    convicted in New York of Medicaid fraud and mis-prescribing drugs,
    fined and disciplined in Pennsylvania for a larceny conviction, and was
    disciplined in North Carolina for immoral or dishonorable conduct, unprofessional conduct, for conviction of a crime involving moral turpitude, and for obtaining medical practice by false representations. [Questionable Doctors Disciplined by State and Federal Governments: New York, by Sidney Wolfe, MD, Kathryn Franklin, Ph.D., Phyllis McCarthy, Alana Bame and Benita Marcus Adler, Public Citizen Health Research Group, 1998.]

  13. #508
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  14. #509
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    Quote Originally Posted by zinger View Post
    can you post the eastern counties also? i can seem to get to it with that link? thanks

  15. #510
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    Quote Originally Posted by nycop View Post
    can you post the eastern counties also? I can seem to get to it with that link? Thanks
    disregard last post, i found it

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