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Thread: New York State Disability Retirement System

  1. #211
    Member zinger's Avatar
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    On the question how does the i-c investigate fraud cases most i-c have their own PI. But New York State has a fraud investigation unit that will look into WC fraudulent cases. Security cameras are all over big companies right down to the corner store so they can be checked if an employee files a claim that he was hurt. A employee of a company was just busted for making a false claim, they checked the cameras and caught him faking an injury. That is now being investigated, by the states FIU for fraud.

  2. #212
    Member zinger's Avatar
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    The i-c will be your worst enemy during your WC case, again it will be time and getting you to give up and go away. Not like NYSRS it acts without an i-c it’s just the broken system and the laws they have set up . You have to remember these systems want to give you nothing and they will make it as hard as possible for you. The i-c have lobbyist, it is to benefit them and politicians and not the thousands of i-w that they have been screwed out of their benefits . It’s up to the i-w to fight back contact your area assemblyman and senator ask them about why i-c are allowed to play their games. ($$$) in their pockets? The best why is to fax them try not to use snail mail when sending your questions and complaints. Here is another example of i-c screwing around a i-w worker.

    Insurance Company Screwing Around
    ________________________________________
    I’m sure this will cover a lot of people...
    I have been on WC for 5 months now. We have requested several times to the insurance comp. that they need to pay some of the medical bills that have built up, and to send me to the doctors that other doctors I have seen that have said i need to see.

    We went to court twice already, and the judge has said YES YOU HAVE TO PAY THE BILLS AND PROVIDE DOCTORS FOR THIS POOR GUY TO GO AND SEE.. Well, that was 2 months ago, nothing. Went back to court last month and judge ordered them again to pay the bills and provide a list of 3 doctors for each of the things he needs to be seen for. 4 different things and need a list of 12 doctors. well, still NOTHING!!!!!!!!!!!!!!!!!!!!! GEE WHAT A SUPRISE!!

    Back to court AGAIN. this time my lawyer is filling a fraud and abuse against them for not providing the necessary list of doctors.
    My attorney has told me that the insurance company will play this game time and time again.
    Seems like the insurance companies are NOT in the least AFRAID of the COURTS.
    It’s like they think that they can hold out longer than anyone.

  3. #213
    Member zinger's Avatar
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    In 2007 NYS finally increases the weekly benefits to the injured worker, NYS was last again in the nation for weekly benefits. It took nearly 15 YEARS of talk with very little action by the state to pass this. NYS finally enacted a new version of the Worker’s Compensation Law. Just this alone tells the injured worker how this state feels about the injured worker, like I have been saying the state could care less about how the inured worker is treated. But when this was passed we had an area assemblymen saying he had a big part of this, 15 YEARS an this guy wants to tell the injured worker he played a part in this. Do you think he had his head between his legs when he said this! This is what we have to deal with in this state the best part this guy just got into office and he wants to take credit for this I think this I would of never admitted to that. This is what is going on with the “sweeping changes’ of the new laws. The reforms that are most immediately significant to the injured worker have to do with changes in the maximum weekly benefit available, and (2) the treatment of workers with permanent partial disabilities. The new law also increases the minimum amount of weekly benefits payable. While the increase in weekly benefits is certainly significant and helpful to families, (15 YEARS TO DO THIS) the new laws also takes something away by limiting benefits payable to those injured workers who have been classified with permanent partial disabilities (PDD). Prior to the new law, the claimant with PPD classification could receive a fixed weekly benefit for an indefinite period of time. Now the benefits are limited to a number of years based on the severity of the disability.

  4. #214
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    Quote Originally Posted by zinger View Post
    In 2007 NYS finally increases the weekly benefits to the injured worker, NYS was last again in the nation for weekly benefits. It took nearly 15 YEARS of talk with very little action by the state to pass this. NYS finally enacted a new version of the Worker’s Compensation Law. Just this alone tells the injured worker how this state feels about the injured worker, like I have been saying the state could care less about how the inured worker is treated. But when this was passed we had an area assemblymen saying he had a big part of this, 15 YEARS an this guy wants to tell the injured worker he played a part in this. Do you think he had his head between his legs when he said this! This is what we have to deal with in this state the best part this guy just got into office and he wants to take credit for this I think this I would of never admitted to that. This is what is going on with the “sweeping changes’ of the new laws. The reforms that are most immediately significant to the injured worker have to do with changes in the maximum weekly benefit available, and (2) the treatment of workers with permanent partial disabilities. The new law also increases the minimum amount of weekly benefits payable. While the increase in weekly benefits is certainly significant and helpful to families, (15 YEARS TO DO THIS) the new laws also takes something away by limiting benefits payable to those injured workers who have been classified with permanent partial disabilities (PDD). Prior to the new law, the claimant with PPD classification could receive a fixed weekly benefit for an indefinite period of time. Now the benefits are limited to a number of years based on the severity of the disability.
    A lot of responses to this post asking what is the maximum weekly benefit. Prior to 2007 reforms, the maximum weekly benefit could receive was $400.00. As of July 1,2007, that amount has increased to $500.00 per week for injures occurring after that date, and as of July 1, 2008 that rate is $550.00 the New law also increase the minimum amount of weekly benefits payable from $40.00 per week to $100.00 per week. If you think any of these laws can affect you or your family it would be in your best interest to contact your comp attorney. (this took 15 years)

  5. #215
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    Quote Originally Posted by zinger View Post
    A lot of responses to this post asking what is the maximum weekly benefit. Prior to 2007 reforms, the maximum weekly benefit could receive was $400.00. As of July 1,2007, that amount has increased to $500.00 per week for injures occurring after that date, and as of July 1, 2008 that rate is $550.00 the New law also increase the minimum amount of weekly benefits payable from $40.00 per week to $100.00 per week. If you think any of these laws can affect you or your family it would be in your best interest to contact your comp attorney. (this took 15 years)
    Just because that is the max, doesn't mean that everyone on Workers Comp will recieve the max. It could be less, depending on how much their weekly wage is. If I'm not mistaken workers are entitled to 2/3rds of their weekly wage up to that max.
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  6. #216
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    Quote Originally Posted by Smiley View Post
    Just because that is the max, doesn't mean that everyone on Workers Comp will recieve the max. It could be less, depending on how much their weekly wage is. If I'm not mistaken workers are entitled to 2/3rds of their weekly wage up to that max.
    Ya, your right it all depends on amout of injury etc. i know I went through that hell of a system. But it was way less then now.

  7. #217
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    Smily, The public and newly work-injured people don't have a clue how ANY "Benefit" amount will be established. Once a "settlement" of "Benefits" is reached, that w-i victim is forever frozen into that amount for life (or less than life if WC can manage that too!!!) And then, the former employee (who has already lost income and clout has NO WAY to claim not only future actual pay increases. That said work-injured victim would have been receiving if that i-w could have kept working--BUT THAT i-w ALSO CANNOT BE BROUGHT UP TO PAR FOR THE WC NEWEST INCREASES EITHER!!! As for permanent partial disabilities or 75 percent disabled like myself I never received the full amount of workers comp $ like you stated. The whole system is a very complicated game and they use the injured worker to play with. This is done with thousand of injured workers and then you have the NYSRS.
    The WC will award you a PPD and SSD (feds) award you FOR THE SAME INJURIES the NYSRS denies you (now that is a real game). That is why it is important if you are in the NYSRS to hammer away at your area REP for reforms to this system the laws need to be changed (NYS social security laws).

    Here is a post that was sent to me off a WC site not sure which one, the person is going through the system and has no clue what is going on. That is why it is very important that you know what is going on with both systems WC and NYSRS.


    Not a Fair System:

    Workmans comp, what idiot dreamed this one up? What sick, warped person in government got away with a system that is suppose to help injured workers that really for most injured workers is pathetic.
    I have waited since Sept. 2007 for benefits. I'm still waiting and my former employer just seems to get away with it. My lawyer (and yes I've consulted another) says we just need to wait until the judge gets all of the evidence to make her ruling. I do realize that I could loose but that's unlikely but the waiting is more than I can stand.
    I probably do need to talk to a shrink but I don't have the money. We've lost nearly $65,000. this year, my salary, my husband going out on strike. I could go for full body disability if I wanted to have my personal life opened up to the courts. I'm just so sick and tired of the months and months it takes to get a ruling
    Last edited by zinger; December 11th, 2008 at 09:57 PM.

  8. #218
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    SOCIAL SECURITY'S CATCH-22

    When you are collecting Social Security benifits for a disability, about eighteen months after your first check you will have to take the Medicare part A, I think that will cost you about one hundred dollars a month.
    If you are just retired you will be force to take the medicare benifits to receive your benifits. This is a very intresting article that pertains to a person that will be retiring and how You will be force to pay for your medicare benifits.

    Social Security’s Catch-22
    Suppose you work for 45 years, pay all your taxes and stay out of trouble. At age 66 you apply for Social Security benefits. But SSA says, no. The reason you’re given is very odd. You have told us you do not want to sign up for Medicare, so you can’t receive your retirement benefits if you won’t do so. Says who? Since when? People who have insurance benefits superior to Medicare or who have Substantial health savings accounts and don’t want to be barred from making additional contributions, as they would be under Medicare.
    Should the government be in the business of blackmailing people to apply for government “benefits” they already enjoy and are willing to pay for themselves?
    Apparently, that’s what the people of the Department of Health human services and the SSA, which established the rules in 1993 during the Clinton administration and updated and toughened in 2002 under the Bush administration. In effect, that any retiree who asks to not be enrolled in Medicare Part A or seeks to withdraw from Part A after being “automatically” enrolled when applying for SS, WILL BE DENIED RETIREMENT BENEFITS.
    There are several problems with these rules. The first problem is that the rules are illegal and contrary to the spirit and letter of the SS and Medicare laws, neither of which makes eligibility for SS dependent upon participation in any government program or any other government benefit. You are eligible for SS benefits because I have reached the legal retirement age and paid my working lifetime to qualify. Nowhere in SS legal framework or legislative history is it written you will be considered eligible only if you sign up for Medicare. ( this is the best part)The rules are also problematic because they were put into place SECRETLY. Under the federal government’s Administrative Procedures Act, any substantive rule proposed by any federal agency must be publicized in advance by being published in the Federal Register. Despite several requests for a change to all this, Social Security officials refuse to address this issue. Their attitude seems to be: This is the way we’ve decided it’s going to be; tough luck.
    The bottom line to this you shouldn’t be denied SS benefits if you choose not to enroll in Medicare benefits. You want to keep your existing health coverage and are fortunate enough to have it. That should be my right . You are being told , in affect that we have to accept benefits you don’t want(or need) or be penalized thousands of dollars per year. We have filed suit in U.S. Federal District Court in Washington D.C. challenging the improper rules, and the improper way they were implemented. This article was written by Brian Hall, a retired federal government employee he is the lead plaintiff in this case. A lawsuit seeking to bar the federal government from stripping seniors of their SS benefits if they choose not to participate in Medicare. Actions must be taken in the open, by Congress – not by BUREAUCRATES behind closed doors.(sounds like something they would do in NYS)
    Last edited by zinger; December 14th, 2008 at 10:17 PM.

  9. #219
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    I cannot beleive this!!!!!!

  10. #220
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    I called my area congressman and state senator on this yesterday and their office told me they will take note of this and are looking into it. You pay taxes all your life and now this!

  11. #221
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    Quote Originally Posted by monkeyman View Post
    I called my area congressman and state senator on this yesterday and their office told me they will take note of this and are looking into it. You pay taxes all your life and now this!
    The courts will have to settle this politicians are lazy they could careless.

  12. #222
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    Quote Originally Posted by zinger View Post
    On the question how does the i-c investigate fraud cases most i-c have their own PI. But New York State has a fraud investigation unit that will look into WC fraudulent cases. Security cameras are all over big companies right down to the corner store so they can be checked if an employee files a claim that he was hurt. A employee of a company was just busted for making a false claim, they checked the cameras and caught him faking an injury. That is now being investigated, by the states FIU for fraud.
    When you are on comp the bigger i-c will watch every move you make, most of them are hired p-i not usually employed by the i-c but could be. I talked to a person not to long ago at a pain management meeting he worked at a very big plant in the WNY area and was busted up very bad from a job related injury he was telling me about the i-c company and the p-i that was all over his home looking in windows very bad and had to call the cops many times on this p-i. Here a few posts from i-w.

    Re: survailance

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

    As long as you are a part of this backward system they will come no matter if you are classified ppd, they will come and attempt to find the smallest of evidence that you can work, that one second of your life you lived and did something to violate your restrictions and then poof they cut your payments (illegally, of course) to get you onto your knees so you'll quit no longer costing them the pennies they are providing to you but rejoicing in the big bucks they made from the employers and sharring it with their friends, yes they are friends of insurance companies, those PI's; what; did you think they were cops, off duty? No way, no respected "real" cop would be found dead working as a PI all cops hate those bast*ards as PI's are are want to be cops who always seem to think they can act as a cop when they are staking out their "client" (as you said in plain view).
    They'll be there, but hey do like Eddie Murphy did in the movie, stick a bananna up one of their tail pipes!!!

  13. #223
    Member zinger's Avatar
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    Another bad IME

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

    Yeah, me too!
    The state insurance fund are rat-batards! OK, enuf said there...I am a legit case, hurt on the job. Ever since, my life has been a living HELL! I found out by accidnet that State fund hired some gumshoes to follow me around....at what cost? That's what I'd like to know, as well! Any way--I'm following Dr's orders and taking daily walks...I also used to grab a fishing pole and some light tackle which I wore on my back...I was, basically caught fishing! I never even had to fight this discovery in a hearing--it, being so god damned petty! However, that very same summer--I got to feeling much worse...my daily walks hurt,,,and hurt a lot! I grew extremely tired after each outing, and after some rest--FELT WORSE! Plus, I was developing many strange symptoms...a whole laundry list of complaints...My Dr, a GP--blew me off, but gave me more and more oxycodone pills to take. After 2 years of begging him for a new MRI, he finally gave in...Those results, proved not only was I in bad shape, but it also uncovered a incurable, and sometimes dealy disease...adhesive arachnoiditis. I did the research and was horrified...of the 15 major symptoms...I had all but one! This promted me to get a new Dr...I knew I needed help and fast. The new Dr. was, thank God, a great Dr..and great diagnotician (sp?)...I got an immediate referral to see a neurosurgeon. After 3 appointments with this Dr or his staff...I was hurried in for surgery. In spite of having a really bad gut-feeling just before the surgery...I went in and had this decompression surgery on 6/28/06. I have not been the same since...I was told that the surgery itself went well...BUT, the surgeon himself told me that I was a real mess insides and that he saw that I did, indeed, have AA....to make a long story shorter...I am the worse that I've ever been in...each day is a horrible, lonely day of nothingness...with unbearable pain and depresssion...yet, this is exactly when NYSIF went to work on me! My new GP put in a C-4 10 days after my surgery...he meant to have my basic bennies upped to permanent marked...the miserable money worshippers of NYSIF immediately took me off my total disability...and began paying me for perm marked--a pretty big pay hike, right? No, wrong! These mother ****ers screwed me out of the big money (total) and when they were 'safe' afterwards....scheduled me for an IME...the day after I was to drive 400-something miles to a pain clinic my surgeon had referred me to...I tried calling, the lawyer (never got a call-back), I tried calling the surgeon's people--they said call your lawyer! AND--"You better go to that IME". So, I cancelled my real appointment, hired a driver, and went off to see Dr Quack (Dr. Wirth--an unprincipled man, thru and thru!). Anywho, that IME was bizzarre...he nevr looked at my stack of paperwork from the surgeon...but, after seeing my old films, said "A HA! This is what I ws looking for!" I was born without a good disc in s/1-l/5...I asked many Dr's about this and was told--it was fairly unusual but it shouldn't ever give you any problems...just that I would always be a little less flexible. This nut, went on and basically said in his report--I was genetically predisposed to have a back injury and that NYSIF shouldn't have to pay me any longer!? Apparently, this complete horse-**** didn't even fly with their legal-corps--my check was held up for some time...but, finally I was paid at the higher rate. I get this fabricated report--the Dr lied his face off--Oh well, thats life for us honest folk in this terrible, horrible system! Dr. Wirth, where ever you are....**** you, you lousey, ****ing creep! ( IME, this is what the i-w goes through everyday in this state.

  14. #224
    Member zinger's Avatar
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    This goes on all the time this is just the WC and i-c now as you are going through this, now deal with the NYSRS at the same time and that brioken system.
    Last edited by zinger; December 17th, 2008 at 10:51 PM.

  15. #225
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    Quote Originally Posted by zinger View Post
    A lot of responses to this post asking what is the maximum weekly benefit. Prior to 2007 reforms, the maximum weekly benefit could receive was $400.00. As of July 1,2007, that amount has increased to $500.00 per week for injures occurring after that date, and as of July 1, 2008 that rate is $550.00 the New law also increase the minimum amount of weekly benefits payable from $40.00 per week to $100.00 per week. If you think any of these laws can affect you or your family it would be in your best interest to contact your comp attorney. (this took 15 years)
    The maximum weekly rate will be increased to $600 as of 7/1/09. As of 7/1/10 the maximum weekly rate will be increased every July 1st.

    If you are able to return to work,but unable to earn your previous weekly wage because of your work related disability, your cash payment will equal 2/3 of the difference between your average weekly wage before the injury/illness and your wage afterwards.
    Life, Liberty and the Pursuit Of All That Threaten It
    What if the Hokey-Pokey IS what it's all about?

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