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Thread: New York State Disability Retirement System

  1. #151
    Member knowsitall's Avatar
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    Sure Delano knows.....

    about disability matters. He tried to get a retirement disability (just like you) for SLEEP APNEA. So tell me something: does he deserve a monthly check for the rest of his life for a sleep disorder?

  2. #152
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    Quote Originally Posted by knowsitall
    about disability matters. He tried to get a retirement disability (just like you) for SLEEP APNEA. So tell me something: does he deserve a monthly check for the rest of his life for a sleep disorder?

    Maybe he should have lost 50 pounds.

    I got one word for Delano.........salad!

  3. #153
    Member zinger's Avatar
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    Quote Originally Posted by knowsitall
    about disability matters. He tried to get a retirement disability (just like you) for SLEEP APNEA. So tell me something: does he deserve a monthly check for the rest of his life for a sleep disorder?
    No.... That is why he didn't receive it, NYSRS would throw that out in two months, nor do I care. (WORK RELATED.) For twenty seven years the good Senator has ignored the laws that need to be changed and continues too, that block injured and the disabled from there benifits. IF YOU ARE AWARDED SSD and NYS WCB case is closed as disabled with a permenant degree FROM WORK INJURIES and the NYSRS tells you they do not recognize any of them then I would say something is wrong. This has happened to thousands of injured workers throughout the years including NYCFD, NYCPD, Transit PD, all involved in 9-11. I was told this from a empolyee from the hearing office of the NYSRS three years ago she also said the system is broken and evil. (She no longer workers for them)So the ball was in the Senators court for 27 years but it looks like he is not going to score. If he does not know what laws need legislation it's the NYS SS laws 64,74,396
    of the NYSRS.
    Last edited by zinger; October 9th, 2008 at 08:46 PM.

  4. #154
    Member zinger's Avatar
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    Beware of This IME Comp Doctor!

    --------------------------------------------------------------------------------

    I just wanted anyone to know that has had a IME by a Dr. Roy Hepner in

    Central or Western NY to fight his IME reports. He works for Garger

    Associates, a firm which provides second medical opinions to industry and

    labor. He has not been involved with direct patient care since his employment

    with Garger Associates. He has been repremanded for his neglect and so on.

    I have provided the websites that contain the actual information. It is Dr.'s

    like this that ruin it for people like us trying to get a fair hearing or what we

    deserve. I have found that it is your right to check out all crudentials of a

    physician regardless whether he is your personal doctor or a doctor for the

    Insurance Company. I felt I needed to pass this information on to those of us

    who should know.



    This came off another site and emailed to me tonight another bad ime.

  5. #155
    Member cheekman's Avatar
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    You are relentless, keep on these politicians maybe one of them can make a decision to help someone. But probably not.

  6. #156
    Member shylady's Avatar
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    Today was great day for my husband and myself my husband received his Social Security Disability from the Federal Government. We waited about six months and we were very surprised when my husband was awarded this in this short period.. The doctor that he seen was very fair and seemed to understand my husbands problems. He was disabled from his job due to work injuries and is a younger man that can never return to work. This link has help us greatly, and zinger thanks for all help through emails, and talking to other injured and disabled workers set our minds at ease. Again good luck with your fight with the NYSRS, even though you did not receive your benifits I 'am sure someday the laws will change and thousand and disable workers will receive ther benifits they deserve.
    Last edited by shylady; October 11th, 2008 at 05:38 PM.

  7. #157
    Member zinger's Avatar
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    Ok few people getting some good news over the weekend. I also had a friend of mine call me on Sat. he also received his SSD for work related injures. He was employed for a local municipality for 35 years and same old story rejected by NYSRS when he filed for his claim 18 months ago. He continued to work his last year and retired and then filed for his SSD this past July the same time he retired. He received his SSD award statement this past Sat. for the same injuries the NYSRS denied him eighteen months ago. The ime that he was sent to told him he should have never been denied his disability pension from the state with the amount of injury he had sustained to his back. So it sounds like the past two SSD ime’s seem to be fair. If you would be faking your injuries believe me these guy’s would of never put through the awards in such a short time.

    E-mail, on the question shy lady’s husband was hurt in a private sector job industrial accident. They did not have to deal with the NYSRD, (thank god) and he received a disability pension through his employer. Good luck Tim and Jen and keep working to help the injured and disabled.

  8. #158
    Member zinger's Avatar
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    This Link Was Emailed Me from a Friend

    --------------------------------------------------------------------------------

    http://www.travelers.com/claim/docs/...BillA06163.pdf

    Give's a perspective on how one IC is thinking about last years NYSWC reform.


    New York State WC Reform Update
    How NY WC Reform Has Developed Over the Year
    The New York Workers’ Compensation Reform Act was signed into law on March 13, 2007. NYS government indicated that it would result in “savings that are projected to be well over 10 percent of system costs.” More than a year has passed since the reform and some important procedural details of the Act still need to be ironed out. This has left both employers and carriers with questions regarding the interpretation and application of many of its provisions.
    The purpose of this document is to reflect on the developments and provide you with insight based on what we are seeing at the Workers Compensation Board.
    MAJOR PROVISIONS
    I. Benefit Rates
    What are the Benefit Rates?
    • $500 for deaths, accidents or disablements on and after 7/1/07
    • $550 for deaths, accidents or disablements on and after 7/1/08
    • $600 for deaths, accidents or disablements on and after 7/1/09
    • Two-thirds of the state average weekly wage as reported by the Commissioner of Labor to the Superintendent of Insurance on and after 7/1/10 and every July 1st thereafter.
    • Minimum weekly indemnity benefit level is increased from $40 to $100 for accidents on or after 7/1/07
    What are we seeing in Practice?
    Increased Indemnity Payout
    The first maximum weekly benefit level change from $400 to $500 has occurred for accident dates on or after 7/1/07. We have seen no evidence of this incremental change impacting return to work timeframes. We do expect to see noticeable payout increases on schedule loss awards in the coming months, as schedule loss awards for claims with accident dates of 7/1/07 or later should materialize shortly. It should be noted that schedule loss awards are typically awarded one year post- accident or post-surgery, whichever is later.
    II. Permanent Partial Disability Cap
    What are the Permanent Partial Disability Caps?
    For accidents on or after March 13, 2007, the weekly benefits are capped based on percentage loss of wage earning capacity according to the following schedule:
    % Loss of Wage Earning Capacity
    Maximum Benefit Weeks
    Number of Years
    Greater than 95%
    525
    10.10
    90% - 95%
    500
    9.62
    86% - 90%
    475
    9.13
    81% - 85%
    450
    8.65
    76% - 80%
    425
    8.17
    WC CLAIM SERVICES 1 July, 2008
    This document is intended to provide general information about the recently enacted NY WC Reform, and should not be construed
    as providing legal advice or legal opinions. You should consult an attorney for any specific legal questions.

    Sorry the link should of taken you right to the page it is five pages of information.
    Last edited by zinger; October 14th, 2008 at 07:08 PM.

  9. #159
    Member zinger's Avatar
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    Quote Originally Posted by LHardy View Post
    Sorry to say, but your story is not new and many people are and have traveled that same road.
    Here is a question you must ask yourself.
    When voting how many of these same politicians did you vote into office.
    If your answer is many or most. You have directly lead to your own demise.

    Good luck
    Election day will be here before you know it is not only a Presidential election but elections in our area also. It is very important to vote in this election because it is your right to vote. From the people that I have been in contact with mostly disabled and injured workers that have been screwed by the NYSRS or the WCB, like myself have been working for reforms to these systems. But as we know the incumbent politicians need to GO since they have done nothing to reform any of these systems. It is not only the injured workers it is any employee in the public sector that will have to deal with the NYSRS if injured. If you are an employee in the private sector you are in the same boat only you will not have to deal with the NYSRS. You will be dealing with insurance companies, bad ime’s, and the WCB. The politicians also control this; they are the ones that make the laws that have been fighting injured workers for years. You have politicians like Dennis Gabryszak, Dale Volker, Bill Stachowski, Jim Hayes, Sam Hoyt all incumbents that have done nothing to reform the Social Security Laws of NYS. Most will tell you they don’t know anything about them, Bull!!! They are the ones that made the laws! Not to long ago I talked to a former employee to a local politician and that person told me the people that asked for help dealing with the NYSRS for their disability benefits were high. If you do write your are reprehensive for some help this is what will happen they will contact the NYSRS to see what is going on with your case or try to speed it up. You will get a return letter that will say your case has been expedited. Good luck because you just screwed yourself the people in the NYSRS hate when a politician butts in and they will drag your case out even longer. This has happened to many injured workers that have asked for some help with their case. People vote these guys out this Nov. they have done nothing to help the injured and disabled worker if anything they have made it harder. If you receive your SSD (federal) and you are disabled by NYS WCB for the same work related injuries that the NYSRS ignores I would say the politicians have just screwed YOU!

  10. #160
    Member zinger's Avatar
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    Quote Originally Posted by LHardy View Post
    Sorry to say, but your story is not new and many people are and have traveled that same road.
    Here is a question you must ask yourself.
    When voting how many of these same politicians did you vote into office.
    If your answer is many or most. You have directly lead to your own demise.

    Good luck
    I just love all this political crap coming in the mail in my district I have two incumbents running Senator Bill Stachowski and Assemblymen Dennis Gabrysazk boy I just love the slingers and what they say. Saving taxpayers money tax cuts, tax cuts, and more tax cuts so many cuts my tax bill should go down 75 percent. Senator Stachowski has cut more taxes and puts a cap on taxes, if this is true then why do we live in the most taxed state and county in the nation. Stachowski has worked on relief for the state gas tax what happened to that when gas was $4.50 a gallon. Proudly is endorsed by all kind of public unions, that comes from the officials but it won’t be by the body. Because now they know if they get hurt on the job and are disabled from their job and try to get there disability benefits they will probably get denied. Due to NYS Social Security laws that these politicians refuse to reform. It would be great to see these slingers in the mail that say “Proudly to support the disabled and fighting to reform the NYSRS disability and hearing divisions”. “Looking cut the high salaries of the disability retirement system to save taxpayers money”. “Working to reform the WCB so injured workers don’t get put through hell” “Put some restrictions on insurance companies that the injured and disabled have to deal with. Do you know how many votes they would get if this would happen but they are not smart enough to figure that out. Instead they keep saying they are lowering taxes something that never happens. Remember to vote and vote for someone NEW you have nothing to lose.

  11. #161
    Member zinger's Avatar
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    Here is another interesting item that was sent to me by a injured worker that is disabled and going through the hellish system of the NYSRS.

    " U.S. Senators need just five years to be eligible at age 62 for a pension. Right now the pension would be less than 8.5 percent of their 2008 salary, $169,300.00 ( THE BEST PART) IF THEY BECOME DISABLED, SENATORS CAN
    IMMEDIATELY GET BENEFITS PLUS FULL SOCIAL SECURITY AFTER JUST 18 MONTHS IN OFFICE.

    I'am sure they won't see any IME!

  12. #162
    Member zinger's Avatar
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    "After months of tests, scans, P/T, spinal decompression, and chiropractic care every Dr I have seen have all told me that surgery is my last option (2 herniated discs L3-L5 are just the beginning). Two neurosurgeons, a physician, even P/T and chiropractors diagnose my injury as work related. I was hoping, with a diagnosis from an IME Dr stating my injury is indeed work related, that my case would be coming to a close. I was mistaken.

    The IC lawyer stated that their IME Dr did not receive medical notes from an occupational specialist that believes my injury is pre-existing. I received updated notes from the IME Dr. and his diagnosis of work related causality still stands after review of occupational specialists notes.

    My question: is this just another form of "dragging feet" that the IC employs to prolong cases? Is this stall tactic used because they are running out of options to present to the WC Judge to over turn my claim"

    ------------------------------------------------------------------------------------------------------------------------------
    Insurance companies are very very smart, remember the IME's are paid very well by the IC to screw with your life and never trust one. IC companies love to prolong cases, keep bringing this up to your comp attorney so he can request a hearing and get it settled.

  13. #163
    Member zinger's Avatar
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    Quote Originally Posted by zinger View Post
    "After months of tests, scans, P/T, spinal decompression, and chiropractic care every Dr I have seen have all told me that surgery is my last option (2 herniated discs L3-L5 are just the beginning). Two neurosurgeons, a physician, even P/T and chiropractors diagnose my injury as work related. I was hoping, with a diagnosis from an IME Dr stating my injury is indeed work related, that my case would be coming to a close. I was mistaken.

    The IC lawyer stated that their IME Dr did not receive medical notes from an occupational specialist that believes my injury is pre-existing. I received updated notes from the IME Dr. and his diagnosis of work related causality still stands after review of occupational specialists notes.

    My question: is this just another form of "dragging feet" that the IC employs to prolong cases? Is this stall tactic used because they are running out of options to present to the WC Judge to over turn my claim"

    ------------------------------------------------------------------------------------------------------------------------------
    Insurance companies are very very smart, remember the IME's are paid very well by the IC to screw with your life and never trust one. IC companies love to prolong cases, keep bringing this up to your comp attorney so he can request a hearing and get it settled.



    This person is a private sector employee, I know I talk about the NYSRS a lot
    that is because I was involved with this system, I just took it a step farther and started to look into it and see just how many injured and disabled workers got screwed out of there benifits. This system is evil right along with the politicial machine that it revolves around. Any person that gets hurt in the private sector on the job will have to deal with IC, IME's, attorneys, and the WC. Board. Like I have said before it is the most hellish experince anyone would have to go through. I average about 75 emails a month from disabled people that have been hurt on the job. Mostly disabled people that can never return to work due to injuries. There are some that have told me it took a complete toll on their family life. This case I posted was from a person that keeps getting jerked around and around by both the IME and the IC. This is just one example of what can happen to you, that is why more and more workers need to be informed about the whole system and the changes that need to be made. One of the biggest problem with injured workers when they get hurt and start going through the system is they know very little about what to do.

  14. #164
    Member zinger's Avatar
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    On the Question: When you receive your award letter from SSD if will take about 6 to 8 weeks before you will receive your first check. So don't worry they did not forget about you. Your lawyer can not speed this up so don't bother calling.

  15. #165
    Member zinger's Avatar
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    Quote Originally Posted by zinger View Post
    When you apply for your disability benefits with the NYSRS it is suppose to take one year for the state to make their final decision. (My case 24 months for a decision and with appeals 38 months) What will happen is you are assigned to an annalist that has control of your case. This means if you have any question or have to mail or fax any items to the state it will go to that person. That person basically does not have any decision making in regards to your case. I know a lot of i-w that have called their annalist looking for answers and get very frustrated. You also have a supervisor of your case the annalist will pass all information to that person and then presents the case to the medical board. The IME plays an important roll in this also these quacks are the guys that will make or break the case. There are also other key players that are involved in the decision making of your case, the whole system is bureaucracy at its worst! The average public employee files for their disability pension is far less $$ than what this system pays its employees. Lots of these employees that are listed are making the decision that screws the i-w from their benefits time and time again. Here is a list of what these people make a year, this is without their benefits or pension benefits added in.

    Deputy Comptroller $162,836.00
    Director of Disability Services (2 one in Albany an NYC) $114,961.00
    Assistant Director of Disability (2 Services $87,838.00)
    Secretary of the Medical Board $57,367.00
    Disability Supervisor Processing (many) $48,451.00
    Disability System examiner (many and different levels of examiners) $26.79 an hour

    The IME’s (doctors) are contracted through this system we are looking into what the contracts are worth. Should get an answer soon. A doctor friend of mine said about three grand a month give or take a few pennies. These IME’s are just a bunch of old farts that are milking the system and taxpayers to give Albany the answer they want to hear.
    You have nothing to lose by voting out the incumbents this election. Boy all that BS is really flying around in mail, TV, radio, and again same old crap taxes and jobs something that is high (taxes) and low (jobs). Delano has a favorable lead on Senator Stachowski in the 58th Senate District. Kathy Konst has closed the lead on sale Volker in the 59th senate District. But that will be a tuff one to win for Konset. Volker has been in office for the past 32 years Stachowski 27 years! In the assembly you have Gabryszak long time politician in Cheektowaga and now the Assemblyman in the 143 District. What has this delegation provided WNY over all these years NOTHING! It is time to vote out the incumbents! What do you have to lose? Just the seniority they hold and their own personal agendas. What about items these politicians fail to work on school taxes, property taxes ( they say they do) gas taxes, unfunded state mandates and so many more. How about the failure in changing the NYSRS Social Security disability laws so the disabled don’t get screw out of there benefits. Cutting the pay of the employees that screw the disabled out of their benefits. ($ 14 billion defect this year) NYSWC laws that protect insurance companies and ime’s and not the injured worker. This Election Day, I urge all people to vote out any incumbent that is running in WNY. What do you have to lose ? NOTHING!!!!

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