New York State Disability Retirement System

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On the question: Eligibility for the Ordinary Disability.
You need ten years of service to file for an ordinary disability pension with the NYSRS. Mrs. Klaffka has less than ten years of service; if her condition prevents her from the ten years of service she or any other employee that is in the state system would receive no benefits. That is why it’s very important that you file for your federal SSD benefits as soon as possible, the wait time in this area still is about 24 months. If you are disabled and have ten years of service and are in tier 3 or 4 this is the form you will need to file for
ordinary disability retirement. You can download the form on the state site, it’s two pages and mail it back to the state. Remember to send it certified email (with signature) these people have a habit of losing paper work, especially if they do not like you!

http://www.osc.state.ny.us/retire/fo...htm#disability

Eligibility for the Ordinary Disability If you are unable to perform your duties because of permanent physical or mental incapacity and have ten or more years of service credit, you may be eligible for an ordinary disability retirement benefit.
The Ordinary Disability Benefit, The benefit would include an annuity based on any contributions you have made.
If approved, the benefit would be equal to 50 percent of your FAS, plus an annuity based on any contributions you have made. The performance of duty disability benefit is not reduced by any Workers’ Compensation benefit you may be eligible to receive.

Application for Article 15
Disability Retirement
RS 6340-I

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I would just like to wish everyone a Happy New Year to you and your families and all the great people that I have met over this past year.

With a new year upon us the injured worker and disabled have their work cut out for them. Whether it’s the NYSWC system or the dysfunctional system of the NYSRS disability both systems are the worst run systems in the country. So whom do we blame? Of course the politicians of this state that have set up the laws. Our politicians encourage and accept millions of dollars in campaign contributions from special interest (ic)
lobbyists and then pass laws and programs that benefit these same groups. These specials interests include the number one lobbyist the insurance industry, legal groups, unions and trade associations. This form of bribery must be eliminated. No member of state government should be allowed to vote on any legislation affecting any group that his given him or her financial support. The only time they care about the voters and taxpayers is when they beg for your vote! The rest of the time they represent the special interests that have bought and paid for their votes.
When it comes to the NYSRS disabilities the big question is how can I receive SSD federal and be denied my state benefits for the same injuries. As I look into this systems more and more, and help from some people on the inside this system is a joke, it is filled with government bureaucracy. To answer the question, what the state has done is set up a bunch of their own social security laws around the retirement disability system, and way to many to name. A good example would be health care, why you can’t go out of state to get health care coverage. Because the states want to mandate or control this system, you are talking millions of dollars of campaign
money flowing into politician’s war chests. They benefit and you suffer. I have learned the same thing goes with the NYSRS disability they mandate who gets the benefits and put the injured worker and their families through hell. I remember what an attorney told me when I was fighting this system and going to appeal it. “I am not allowed to mention to the law judge that you have received SSD for the same work injuries that the state has denied you!" What a system!

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The follow up from post #355:

Today I had a chance to meet with Mrs.Klaffka on the discrimination issue and have received the facts on this case. The charges of discrimination where filed by,

NYS Division of Human Rights
Pursuant to Executive Law Article 15
Christine Klaffka
Vs
Town of Cheektowaga & Dept. Head
Filing date 11/17/09 case # 10137900

On the Federal Level:
EEOC charge number # 16GB000793

The town has till Dec. 21st to respond to the charges of discrimination of the rights of a disabled person. Mrs. Klaffa suffers from Multiple Sclerosis. I will talk more on how a case like this will proceed through the court sytem on my next post.

Today Mrs. Klaffa told me the Town of Cheektowaga has hired a outside law firm to represent the the town. She has filed her rebuttal aganist the towns response. Next step is investigator to review the case then court. On the federal level the claim is with the EEOC knowing the EEOC it will take a little longer. I will keep you up to date as the case proceeds.

Since some of you have asked about the EEOC I will post the web sit and the site for filing a charge.

http://www.eeoc.gov/
http://www.eeoc.gov/facts/howtofil.html

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SSA has an on line calculator where you can get an estimate of your SSDI benefit amount...http://www.ssa.gov/planners/benefitcalculators.htm, you need to have your latest earnings statement for the year 2009.
This also assumes you have enough credits. Credits are quarters of qualifyinig earnings..it generally requires 40 credits, or quarters to qualify and base a amount on.

One of the biggest questions applicants have is what years a benefit is based on...
Quote:
Q. Are my benefits figured on my last five years of earnings?
A. No. Retirement benefit calculations are based on your average earnings during a lifetime of work under the Social Security system. For most current and future retirees, we will average your 35 highest years of earnings. Years in which you have low earnings or no earnings may be counted to bring the total years of earnings up to 35.

Some of this information refers to ''retirement'', but when you receive SSDI you are basically taking ''early retirement'', and your benefit is reduced in a similar fashion.
There are more Q&A's and a disability planner here
Quote:
This disability planner will explain the benefits available, how you can qualify, and who can receive benefits on your earnings record. It will also explain how to apply for the benefits and what happens when your application is approved. http://www.ssa.gov/dibplan/index.htm

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Just Tired of being bothered by WCB

SSDI and NYSWC,NYSRS disabilities are treated differently per the definition. Its a sad thing when your found to be totally disabled and unable to work from the federal government aka SSD but at the state level (NYSWC,NYSRS) tell you to continue to seek employment, anything that it is available even though your incapable of completing a simple task for four days a work week but one of the days you are able to accomplish this task! This is production? No, its a form of punishment/harassment where there is no common sense. I am tired of the NYSIF and their horrible treatment of injured workers.


I received this not to long after I posted #362 the person
Also posted this on another i-w site. Remember the insurance carrier may ask for whatever they want however your own Doc's opinion carriers a great deal of weight with the comp judges.
IME's are paid to find you more able than you are as a rule, because that is what they are paid to do!
So what is happening is the i-c's ime and the state retirements system ime has more power then the federal government (SSD). The politicians set all this up and they all refuse to look at this. November is coming and changes need to be made.
On the question do you need to keep your comp attorney if you are not happy with them? No! That is your choice look comp attorneys are a dime a dozen there are some real good ones and some real bad ones. If your not happy with them try a different firm. I have a very good comp attorney and my SSD attorney was very good. My SSD attorney always called me back when I had questions and had contact with him right up till I was approved. I do have a short list of attorneys that are very good comp and SSD. Also there are attorneys that advertise on this site check across the top of the pages.

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This is a short peace posted by a NYS comp attorney replying to a i-w question on a blog about a bad comp attorney and comp payments in NYS. This very good information on payments,

Compensation payments:
Change lawyers. There is no reason to tolerate your lawyer being unresponsive. Go to another lawyer and have your case reviewed.
If you were paid wages while you were out for the compensation injury, then the WC carrier would not be required to make payments to you. The fact that you mention you want your sick time reinstated would indicate that your employer paid you while you were out. The employer will seek reimbursement of the wages paid when an award of compensation is made to you, and at that time the sick time will be reinstated. It would not be unusual, if your employer paid you wages as sick time, to wait until the permanency finding to reimburse the employer and reinstate your sick time.
If you believe that the employer is treating you shabbily due to the fact that you filed a WC claim, there is a provision under the WC law, section 120, which bars discrimination against an injured worker for filing a claim. It is a tough burden for a worker to prove, but it is there. Talk to a lawyer who can review your entire case.
Be aware that if the employer lays you off for economic reasons, e.g. a poor economy, that is not discrimination. There are many people facing layoff in these times. If, however, you can show a direct relationship between your status as a compensation claimant and the layoff, then it would be discrimination.
When there is mention of a permanency that is an indication that you will be receiviing an award for a scheduled loss of use. This is an award made even if you have continued to work. When you meet with a lawyer, discuss the potential for an SLU.
If you have had a reduction in wages due to your WC disability, then you have a claim for reduced earnings. The WC judge will direct the carrier to pay you 2/3s of the lost wages, which are attributable to your disability. However, if your reduction in wages is due to economic conditions, e.g. it happened to other workers who were not disabled, and then there is no compensation for lost wages.

http://politicalclassdismissed.com/
http://www.timesunion.com/

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Workers’ Comp: Good Idea Gone Bad
by: John Phillips

About a century ago when workers’ compensation laws began to be enacted by the states, good intentions permeated the workplace. The goal was a no-fault insurance program that would promote workplace harmony by resolving disputes over injuries without litigation and resulting bad blood. What a difference a hundred years can make.


An in-depth series by the New York Times (click here, here and here) focusing primarily on the workers’ comp system in New York demonstrates the well-intended goal has been turned on its head by decades of workplace warfare. New York isn’t representative of all states, but I doubt that any state has achieved the original purpose of a workers’ comp system.

Employers’ suspicion of rampant employee fraud runs deep. Employees claim there is rampant employer pressure not to file workers’ comp claims. Doctors end up being hired guns for employers or employees. The system is madly slow, preventing workers from receiving the care and money they need and slowing the process of returning employees to work quickly enough to keep a business running smoothly. Lawyers become hardened to a system that’s bureaucratically dysfunctional.

Employer safety incentives are viewed cynically by employees as ways to mobilize peer pressure against workers who consider reporting an injury. Employers decry malingerers who exploit the system. Employees live in fear of being fired for reporting an injury, despite laws designed to prevent retaliation.

When we wonder how our economy could’ve gotten in the mess it’s in — when we marvel at how people take advantage of each other – when we don’t understand the skepticism about a well-intentioned attempt to reform health care via a government-sponsored program, consider our workers’ compensation system. It doesn’t have to be that way, some will argue. Others will contend there’s no way to prevent it.

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On the question time, Section 32


The i-w, Received letter from Comp Board that section 32 agreement from carrier had to be corrected due to errors on it. Is there a timetable that carrier has to correct the agreement? I assume I will be getting new papers to sign. Papers were originally signed months ago.


No timetable. You would think the carrier would be anxious to get these settlements done, as they continue to pay the weekly benefit during the pendency. But some of the carriers seem oblivious to the fact that the continuing payments are additional money. In any event, it is out of your hands--has to be done by the carrier, and signed by the carrier. When the settlement is reached you will return to court to sign the agreement papers in front of the law judge.

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Something I posted a few months ago, and this story was in the Buffalo news today.

http://www.buffalonews.com/180/story/934251.html

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I posted the key elements of the comprehensive reform package that was passed by NYS in 2008. A lot of i-w has been asking what besides the increase in pay was in the reform package. Most of this package I do not agree with, and stays broken and most parts are being overlooked.


Key elements of the comprehensive reform package are as follows:
● The maximum weekly benefit for injured workers will be increased from $400 to $500 in the first year, $550 in the second year, $600 in the third year, and to two-thirds of the average weekly wage in New York in the fourth year. Once the maximum benefit reaches two-thirds of the average weekly wage, the maximum benefit will be indexed annually;
● The minimum weekly benefit will be increased from $40 to $100;
● Cost savings worth hundreds of millions of dollars will be achieved by setting maximum number of years that a small population of claimants can receive cash benefits. Medical services will continue, however, and a safety net will be established to help these workers return to gainful employment and to intervene in cases of extreme hardship;
● Innovative programs are being established to get workers prompt medical treatment and to help them return to work;
● Strong anti-fraud measures will be in place, including the ability to stop work on a job site where a company has failed to purchase workers’ compensation insurance for its workers, higher criminal penalties for violators and debarment provisions;
● An expensive fund known as the Second Injury Fund that is now financed by assessments passed through to employers will be closed. The fund was initially set up to help injured Word War II veterans, but is now instead used by some insurance carriers as a costly loophole to avoid paying claims; and
● The Compensation Insurance Rating Board, which helps determine workers’ comp costs for employers, will sunset as of February 1, 2008. The Superintendent of Insurance will make a recommendation to the State Legislature in September 2007 as to what, if anything, should replace it. As part of the negotiated reform package, the Governor, and legislative leaders have directed the Superintendent of Insurance to ensure that these system savings are captured in premium rate reductions, beginning in the next rate setting cycle that concludes this July. This will require the Superintendent to engage the insurance industry on this subject in a way never done before. As the reforms phase in, reductions in premiums and assessments related to the Second Injury Fund are expected to reach double digit levels, providing significant relief to New York’s business community, particularly small employers for whom such costs have been a major impediment. In addition, after close consultation with the legislature, the Governor has directed the Superintendent of Insurance along with appointees of the legislature, business and labor to work with the Workers Compensation Board, the Department of Labor and legislative Task Forces to pursue a number of additional reforms administratively and to make recommendations about additional legislation. These important initiatives include:
● Gathering data on system costs. For years, the legislature and the public has had to struggle to understand the costs and the outcomes of the workers compensation system. There will now be transparency;
● Designing an expedited hearing process to reduce litigation and speed the time it takes for workers to receive treatment and return to work;
● Designing by year-end new fact-based medical guidelines to replace New York’s current outdated system. In addition, in conjunction with the Workers’ Compensation Board, the Superintendent will design treatment guidelines and training for law judges. The accord was hailed by business and labor advocates. Kenneth Adams, President of the Business Council of New York, said: “ This is a major step toward reducing the cost of doing business in New York State. It is a big win for improving our economic climate, especially Upstate.”

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Lots of questions on mileage reimbursements look at the following and this site it will give you a table of rates.
How long does the carrier have to send your mileage check to you? There is no time limit enforced; when the issue gets before a judge, the judge will likely direct the carrier to pay the amount requested. Be sure to bring copies of your submissions to the carrier for the judge's review, and total the amount of the reimbursement request so the judge has a figure.
http://www.wcb.state.ny.us/content/m...sn150_18_1.jsp
Change in Rate of Reimbursement to Claimants for Travel by Automobile
Supersedes Subject No. 150-18.1 dated December 30, 2008
Date: December 30, 2009
In accordance with the Board resolution adopted on February 20, 1990, the mileage rate for reimbursement to claimants for travel by automobile is to be the same rate at which management/confidential state employees are reimbursed for travel by automobile.
The mileage rate for reimbursement to claimants for travel by automobile on or after January 1, 2010 shall be 50 cents per mile.
In those instances where claimants are entitled to reimbursement for travel expenses, carriers and self-insurers will allow claimants reimbursement for travel in accordance with this rate.

__________________________________________________ ______________

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When you are filing your mileage do not send your itemized mileage list to the i-c directly. If you do this i-c will only shred it or throw it out. Take it from me it has to be presented in court so the judge has a copy of this and it’s on the record to award payment. This is one item i-c companies hate to pay.
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posts about this case 355,357,358,359
On the Question: This is the update on the discrimination case with the Town of Cheektowaga. I talked to Mrs.Kalfika and she told me she presented some proposals to the town, this took place at the state civil rights office. Present at the meeting were the towns personal director, the parks director, and the attorney the town hired. The town shot down all proposals. The next step will be civil rights will continue their investigation with the town; it will then proceed to trial. In regards to the EEOC (federal) that case will fellow the state. Mrs. Klafka has been in contact with the EEOC and buy no means do they want her to drop her case vs The Town of Cheektowaga.

http://www.ssa.gov/
http://politicalclassdismissed.com/
http://www.timesunion.com/

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Back injuries are the most common cause of job-related disability and a leading contributor to missed work. Back pain is the second most common neurological ailment in the United States. With so many i-w asking questions about back injuries I’ll try to cover a little more on this subject. I have been disabled by back injuries through my 35 years of work and have gone through with thousands of other i-w one hellish experience dealing with IME’s, insurance companies, my employer, the NYSRS disabilities, and NYSWC, and believe me it is one broken system that needs reforms. The politicians hold the keys to reforms and the people we have in office right now could careless!

The following is very important when it comes to loss on back injuries.

Losing a body part is what's called a scheduled loss, a set amount for each part.
A herniated disk is paid by your impairment rating plus other factors.
Some people may have no disability, while other may have an 80% rating; it depends on the degree of damage and pain levels.
At some point, you will reach MMI and be rated; at that point your case will move forward to be closed. (Settled)
The value of your case will be determined by your disability rating, the ability of the employer to accommodate your restrictions, your qualifications to find gainful employment, plus other factors.
You can cut the tip of a finger off and be paid a scheduled loss (a pre paid amount from a schedule) of say ten thousand and be done. (Case closed or settled)
It's impossible to schedule a loss amount for a herniated disk; there are too many variables for a back injury

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This was sent to me by an i-w from upstate NY through another blog that I have, and wanted to share. Does this say it all about the WC system coming from and injured work? YES without a doubt, and I’ll add the NYSRS is just as bad. The state system consists of nothing more than a bunch of over paid bureaucrats that politicians are scared ****less of.

I have, as many of you have been on the receiving end of this compensation system. You are probably well aware of the abuses, harassment and indignation that this w/c system has brought to many of us and as a consequence brought sadness, financial ruin and even suicide to people whom have been injured while working. The workers comp board and the governors office is aware of these abuses and wrongs and has turned a blind eye to them while being paid by your tax dollars! Strange isn't it? The only way this nonsense will stop and change for the better is for us to participate together in numbers, because we have the vote and the voice. I want to take podium and say this:

How long do we have to tolerate being made to feel less than human or made to feel that we do not deserve respect and dignity?
We have a right to be treated with respect and dignity! We do not deserve to be beaten down by these investigators and insurance carriers simply because we have been injured on the job. You have all seen the TV shows with the creeps who commit fraud and abuse the system that is good that they are caught and prosecuted, they deserve that. Yet, you never see the other side of the coin, us, we who have been treated the way we have been, by the investigators, insurance carriers and even the comp board and judges who drag out these proceedings for years, destroying our credit, our marriages or relationships because of the stress, starving us out, or even sending some of the unfortunates to suicide. By not showing this side of the story, it promotes and aired of prejudice and suspicion among the population. You feel it, hear it and sense it! Every one of you. Why don't we talk about getting together and having a little meeting and demand better treatment? We do deserve at least this much. We are and were working men and women who had great responsibilities and deserve to be treated with respect and consideration.
You have heard the term; only the squeaky wheel gets the oil. It is the only way the civil rights movement won rights and it is the only reason why workers received workers rights. Problem is disabled workers have NOT received "disabled workers rights". If you want the rights you are entitled to, do something about it, we are not animals or little babies that need to be treated like this; we are adults and are tired and frustrated with this sub-human treatment.
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In regards to the article in the BN on,
“Brown vows crackdown on injury abuses.”
The Mayor can do what ever he wants and investigate who ever he wants.
But cannot brake anything in the union contract in doing so.The Mayor is just another empty suit politician.
http://www.buffalonews.com/cityregio...ry/957185.html

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Thrid party claim:

When an employee suffers from a work-related injury, recovery of workers’ compensation benefits is many times the employee’s only remedy against the employer. However, when an employee is injured in the course and scope of employment as a result of a negligent third party (not the employee or the employer), the employee has the right to pursue a “third party claim” in addition to pursuing a workers’ compensation claim.

An example of a third party claim could be claim against a manufacturer who made a faulty piece of equipment that caused a work-related injury when it malfunctioned or did not work properly. For instance, if a defective ladder collapses when being used at work and it causes a back injury, the employee will probably have a claim against the manufacturer of the ladder in addition to a workers’ compensation claim.