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Thread: New York State Disability Retirement System

  1. #106
    Member zinger's Avatar
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    This is an interesting post:

    I have recently been for an IME (March 10, 2008) and was found to have a mild to moderate permanent partial disability from an ankle injury that was sustained back on January 26, 2006. The quote from the IME doctor is "the examinee's condition is not amenable to a scheduled loss of use unless he successfully undergoes arthodesis or total joint replacement of the left ankle with good result. Until such time he will have a mild to moderate degree of disability considered to be permanent until such time that he undergoes successful arthodesis of the left ankle or total ankle arthoplasty."
    My attorney has put in a request for action on April 30, 2008 and another one on July 3, 2008 after the IC sent a letter to my attorney asking if I was willing to settle my case. I spoke with my attorney and came up with an amount of dollars and/or years (8) that I would be willing to accept. Today I receive another letter from my attorney that states the IC is willing to give me 2/3 of my request or 5 years before taking into account for attorney fees which would bring it down to 4.25 a year … unacceptable. I was injured before our considerate ex governor extended the WC reforms making my PPD a presumed lifetime of lost wage eligibility.

    My question: Does this process usually play out like buying a car that goes back and forth for a period of time, or is this a close indicator of what the IC is willing to agree upon? I feel that my request would be what I would need to break even from the debt incurred after my injury, allowing me to work for the low wage pay that my A.S.S. in Chemical Dependency Counseling would pay.

  2. #107
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    Yes it is ..it is just like buying a car lets make a deal.

  3. #108
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    keyboard150
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    Senator Volker would not commit to cutting his expenses in half. "I have some of the more experienced people in the legislature working for me. That's why my monetary situation is different."


    "My monetary situation is different"......

    LOL!!!!! Is it different than the rest of NYS????


    Okay, this cocky SOB needs to go! We need to pool our resources together to get this guy out of office.

    He just became public enemy #1: I haven't seen anyone else get on the news and actually have the audacity to say that! Peace of ****.

    Res---can we get something together here to oust this guy? We can't wait---we need to start NOW. Election day is coming.

  4. #109
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    4achange



    Senator Volker truly is a piece of crap. He and his buddies (Hoyt, etc) are the root of the problem, they certainly are not the solution. This bozo has been at it more than 30 years in Albany running this state into the ground. He throws around cash like it was water, and is at again trying to buy as many votes as he can before the election. He claims in his political mailings (I have recieved 4 of them) that he wants Albany to stop waisting "OUR" money. The hypocrisy is un believable! He is Albany! I am taking all of his crappola mailings back to his office on transit road, and informing him and his secretary I no longer wish to recieve any of it!

    If we really want true change and reform WE have to start throwing these losers out. We can start this year by getting rid of Volker!

  5. #110
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    Senator Volker what a guy here is a politician that has been in public office before Water Gate.
    He has passed so many laws to keep this area in depression and leads the politicians in expense for his office $900,000.00 of taxpayer money. But the injured worker that is disabled are screwed with for years by politicians like Volker that have set up laws to protect the state and his ass from getting the benefits disabled workers deserve. The career politicians in this area have to Go!!! How about people that say the i-w is faking or milking the system, then what the hell do you call Volker and the rest of the politicians
    in this area are doing ? (screwing the taxpayer) Vote these people out!

  6. #111
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    Just received an email from and i-w that I know very well he told me he was just approved his Disability Pension from NYSRS. The best part of his case he has no award on his comp case, and no SSD, and the ime he seen is one of the worest in this area. Good for you L.L. I'am sure everything will fall into place for you now and thanks for all your help with getting the word out about this very broken system.

  7. #112
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    I attended a meeting the other night and it was brought up about applying for SSD and SSI. There a lot of disabled people without a computer or a car or just shut in that can not get around. You do not have to go to a SSA office to apply for your benifits this can be done right over the phone. You call the SSA and they will send you some forms. You will mail them back and you will set up a phone interview,this process does not take long. So if anyone knows someone that is disabled and can not get around this will help. The average waiting period is still around 24 to 26 months so do not wait for applying for your benifits.

  8. #113
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    As I have been getting many emails from i-w it seems like I hear more and more appeals are taking place. My take on appeals is this, when you appeal any case it is just another way of delaying the case. By delaying the appeals, the government is denying justice to injured workers. The entire NYSRS and WCB system needs to be drastically overhauled. Both systems are denying justuce to the injured worker. Remember the politicians that have been in office for the past four terms have done nothing to reform these two systems.

  9. #114
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    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.

  10. #115
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    When you are appealing your decision with the NYSRS for disability you are up against a long haul. Number one your attorney cannot mention that you are receiving SSD benefits to the judge or your workers comp case. Why because the state does not want to hear this because it is in your favor. Remember all the laws that I have been posting about the state system are working against you even in your appeal case. Not to long ago I had a chance to talk to another doctor a very well known pain management doctor from WNY area. I asked him about the appeal system for the NYSRS he told me he has been in court many times for testimony for his patients. He also told me it is not a good system, the state has so many attorneys with so much time that they just work your case over and over and over before the first appeal hearing. He never had any problems with hearings for worker’s comp cases but the NYSRS is a very bad system. He explained this to me cops and firemen are on top of the list everybody else that is in NYSRS that is disabled due to work injures are usually last. (But we pay into this system and they deny you your benefits) I adjourned my case twice in the last ten months (you get two adjournments) I was scheduled for my hearing in July and on the advice of an attorney he told don’t even bother, the appeal hearing is nothing but a waste of time and money. You are looking at fifteen months of waiting before a decision is made on your appeal. The other day I received a copy of the court transcript from my case, it took them awhile to figure out I never showed up. Since the NYSRS knew I was awarded my SSD and my WC case was settled I was curious if it was mentioned in the transcript, to my surprise (lol) it was not. The transcripts consist of word index, transcript condensed , exhibits (but left out the comp case and SSD award) and a CD Rom of your case(just what I always wanted). If you would like more information on this crap just email and I can send you more on the transcripts. I have been getting emails from people about appeals if they should go through with it or not. Your best bet is talk to attorney that deals in state disability (not many around here) if your case is worth it, and another option is you can represent your self at the hearing. To talk to an attorney it will cost about two hundred fifty dollars that is about the average rate from what other people have told me.
    Also received two emails from i-w workers that are disabled from work injuries and were awarded there SSD both went to an appeal hearing their wait was 21 months. Also both are in the NYSRS and have been denied their disability benefits!

  11. #116
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    On the question all employees in the public sector you are paying into your retirement (NYSRS) benefits his means Tier 3 and 4 employees. So if you get hurt on the job and disabled have been awarded you’re (SSD) by the Federal Government and the NYSWCB but denied by the NYSRS.(This Makes No Sense) I would ask your politician in your area why are my benefits been denied by the state when I am paying into my retirement. It is very important that all employees ask questions about this very cruel system. Even if you are not hurt now and get hurt on the job down the road you and your family are up against a brick wall, this system needs to be reformed . The politicians have made these laws now it is time to change the NYS Social Security Laws that deny you your disability benefits!

  12. #117
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    The hearing officer that will hear your appeal case is a contracted service that the NYSRS hires. There are many hearing officers that hear cases all over the state for the retirement system, so we have a contracted judge that does not allow your attorney to bring up that state employees were awarded SSD benefits from work related injuries. So we have Judges that are not part of the NYSRS but rule in favor of the state 90 percent of the time against i-w that are disabled and being jerked around by the state for years. (What a system). The state is paying these hearing officers for their consultation services through contracts some a year some three years. They are worth anywhere from $101,000.00 a year to $15,000.00 a year. I would say the officers that rule in an i-w favor most of the time probably get the crap contracts. After looking at these contracts and services it totally amazes me how much money the state is spending to fight an injured worker for a disability pension that is worth a fraction of what these idiots are getting paid.

  13. #118
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    Lots of emails on this one "How do I know if I am paying into my pension"

    Very simple look at your pay stub!!!! Like I said Tier 3 and 4 you are paying into the system if you don't know what tier you are in check with your payroll dept.

  14. #119
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    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
    Appeal Hearing officer 3 year contract @ $ 101.000.00 per year
    Appeal Hearing officer 3 year contract @ $ 99,000.00 per year
    Senior NYSRS Hearing Attorney (many) $70.000.00 per year


    Ok I added three more to the list of the people that deny disabled i-w benifits. Hearing officers officers are not State Workers they are contracted I only posted the highest payed ones. There are many of these guys that are paid less then this amount over a years contract. We are still working on the IME contracts from what I have seen so far the amounts they are paid are off the wall. I should have all the numbers soon on these guys. I have received many e-mails on differant subjects but the number one the past three days has been the pays on these people. You have to contact your area assemblyman and senator and complain about all of this. This weekend I was out meeting with differant people and what they have told me, that the best way to send your complant is email. Also talked with two new people running for office this NOV. They are very intrested in all of this in fact
    it could be on thier web site soon about reforms to this system.... So send those e-mails out about this very evil system. So far the over all number email is the wait on
    SSD I'll have more on this too. Just so much stuff coming in it takes me awhile to post up, sorry for any wait but their are many i-w with questions.
    Last edited by zinger; September 3rd, 2008 at 10:39 PM.

  15. #120
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    Quote Originally Posted by zinger
    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
    Appeal Hearing officer 3 year contract @ $ 101.000.00 per year
    Appeal Hearing officer 3 year contract @ $ 99,000.00 per year
    Senior NYSRS Hearing Attorney (many) $70.000.00 per year


    Ok I added three more to the list of the people that deny disabled i-w benifits. Hearing officers officers are not State Workers they are contracted I only posted the highest payed ones. There are many of these guys that are paid less then this amount over a years contract. We are still working on the IME contracts from what I have seen so far the amounts they are paid are off the wall. I should have all the numbers soon on these guys. I have received many e-mails on differant subjects but the number one the past three days has been the pays on these people. You have to contact your area assemblyman and senator and complain about all of this. This weekend I was out meeting with differant people and what they have told me, that the best way to send your complant is email. Also talked with two new people running for office this NOV. They are very intrested in all of this in fact
    it could be on thier web site soon about reforms to this system.... So send those e-mails out about this very evil system. So far the over all number email is the wait on
    SSD I'll have more on this too. Just so much stuff coming in it takes me awhile to post up, sorry for any wait but their are many i-w with questions.
    Dude,, trying being a guy in family court!!!

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