New York State Disability Retirement System

[Smiley]

You're right!

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With Mark Higgins sitting on the WCB the brother of Congressman Brian Higgins, I now have to wonder why all my correspondence with the congressmans office was ignored. On issues of SSD, NYSRS disability, and why thounsands of i-w that have not received there benefits from the state but have received SSD as being disabled from work injuries. (because of state standards? which is BS!)




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Vietnam Traveling Memorial Wall will be in East Aurora this week- end @ the Knox farm if you are in the area check it out. I have seen differant ones around the country and the one coming here is done up very nice. Remember
58,000 men and women never returend home.


IN HONOR OF THE MEN AND WOMEN OF THE ARMED FORCES OF THE UNITED STATES WHO SERVED IN THE VIETNAM WAR. THE NAMES OF THOSE WHO GAVE THEIR LIVES AND OF THOSE WHO REMAIN MISSING ARE INSCRIBED IN THE ORDER THEY WERE TAKEN FROM US."

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For those interested, Zachary S. Weiss, Chair for the NYS WCB has submitted his resignation
Mr. Weiss's resignation will take place on July 21, 2009. Pay $120.000.00 year but YTD is about $140,000.00

what does this mean to the ICs of NY? It is too soon to tell, and no one has been named to take Mr. Weiss' position as of yet.


My comment on the grass root protest that was downtown on health care reform. I believe Congressman Higgins and Assemblyman Sam Hoyt were in attendance. Fix the problems we have right here in this state. Last in the nation for the wait time for SSD applications to be processed. NYS Workers Comp worst in the nation needs reforms, and the NYSRS disability again worst in the nation. But it seems like they just continue to ignore things right in this state and the letters that the taxpayers send them.
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On the question, NYSRS disability if you are going through this system and waiting and waiting for an answer from the medical board on your case.

The board meets monthly and I have been told it's the beginning of the Month.

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Just like to wish everyone a happy INDEPANCE DAY with your families.
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Lets not forget our men and women in the armed forces all over the world.

On this day, let us rekindle our patriotism to our families and to our country. Let’s take a moment out of our busy day to say a prayer for the truly brave Americans in our armed forces, and the 5000 marines that were just sent to Afghanistan, to take part in the surge.

This was sent to my a disabled Vietnam Vet take a few minutes and watch this.
http://video.google.com/videoplay?do...293&q=Veterans

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On the tea party this weekend I heard from some i-w that attended and told me a good crowd was on hand. It would be great to see more and more i-w show up at the next one.
As for the politicians in this area they have done nothing about the WC issues or the NYSRS disability system! Letters are ignored or pushed off to someone else. Take it from a person that has dealt with them all. MRI’s and X-rays and your doctor’s do not lie. The IC companies and there doctors (IME) do. When an ime is caught just like in the post #277 they pack there bags in NY and move to Florida where they start the practice all over again.
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Workers comp offices, there are two in this area Buffalo and Lockport depending on the attorney. Lockport office is smaller and I found it to be toned down more then the Buffalo one. I have been to both many times, and I’ll post up the address for both of them. For the i-w’s going for the first time you can map quest for directions to Lockport
give yourself about 30 min. if court is in the morning. The WC web site also has direction for their offices.

Statler Towers, Third Floor
107 Delaware Avenue
Buffalo, NY 14202-2898


81 Walnut Street
Lockport, NY 14094

http://www.wcb.state.ny.us/content/m...s/MainPage.jsp
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SSD is still the number one questions since I started this thread. Most of the questions come from all over the state from i-w and disabled vets. With WC and NYSRS disability questions next. Surprising me the most NYS government politicians in this area, (names and dist. #) and who are the big players that run the comp board and how the NYSRS disability works. Seems like the NYSR disability is much like a cold war era machine!
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This was sent to me by an i-w not long ago.
“I was approved at 48 years old.
If you are disabled, you never give up, you FIGHT, FIGHT, FIGHT! I got knocked down 1 time but not knocked out. I finally won by Knockout.”
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When you are 50 and above, the criteria for being found disabled "relaxes". That’s why the word "Magical" is used.

To be approved at 38 without an Attorney and the 1st go round shows you cannot work any type of job and SSA believes your Disability is so obvious you cannot be retrained at any work level.

You can be turned down at 38 BUT be accepted at 53 with the same disability. Read this:


Why is age 50 so important in a SSDI case?
It goes without saying, the older you are, the better chance you have of being awarded disability. Age 50 is the “cut off” point for claimants filing for social security disability. If you had two claimants with nearly identical disabilities and backgrounds and only one of them is older than 50, the older claimant is more likely to receive benefits than the younger claimant. Claimants younger than 50 simply have a harder burden to overcome, although it is not impossible.

Why is it harder for younger claimants to receive disability benefits? If you are disabled it does not matter how old you are. Right? Well not exactly. The social security administration has stated that even if a claimant cannot perform substantially all sedentary work, it does not mean that they are entitled to receive benefits. The reason being your background may dictate you working in another field. The SSA will look at your age, education, work experience, etc and determine if you have any transferable work skills that enable you to work despite your disability. This becomes important when you have a disability that prohibits you from doing substantially all sedentary work and you are below age 50. The SSA believes that claimants under age 50 have not yet reached an age that is old enough to limit their ability to adjust to other work. Is it fair, probably not especially if you are 47 and have the same disability as a claimant who is 51. But in defense of the SSA policy, there has to be some point where advanced age significantly becomes a factor.

Claimants under age 50 are put up against the task of having to rebut the testimony of a vocational expert at their hearing. This is a difficult task for many claimants. Vocational experts have often times heard several cases and have years of experience. Social security disability attorneys deal with vocational experts on a daily basis. If you find yourself in this situation, you are better off having counsel on your side to handle the cross examination of a vocational expert.

Also look at this:

http://www.socialsecurity.gov/disability/step4and5.htm

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Another crook let off easy, follow up from post # 292

The Surgeon General Antonia Novello pleaded guilty to a felony in deal with prosecutors to avoid prison time. The plea deal calls for 250 hours community service restitution and
A $5000.00 fine She pleaded guilty to filing a false document involving state workers duties. She ripped off state taxpayers for close to $50,000 by misusing the workers. She was paid $256,000.00 a year at her job with the state. As part of her plea deal she gets to keep her PHYSICIANS’S LICENSE!
She is scheduled for sentencing on Aug.14.
This is the best part, under a current law, a state employee who physically steals an item-paper clips or a computer could face more severe chargers than Novello. She now lives in Florida, same place all the bad IME’s go!


I know a lot of i-w that are very interested in state government and local politics
and some of you did attended the July 4, tea party. There are more events in the area and news of state government on the sites that I will list. If you go to this site www.speakupwny.com/forums/ under events there will be threads that will list them. I mostly try to keep abreast of the political happenings with the NYSRS and WC and the politicians that keep ignoring how broken these two systems are. Hopefully as the word keeps spreading and this site and thread continues to grow we can knock off some of these political incumbents at election time.




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

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When you go to the www.timesunion.com go across the top of the home page and click politics on the tab and read! This is an Albany news site not a Buffalo news site, for you people that do not live in WNY area.(upper left hand corner) www.politicalclassdismissed.com/ is run by Jim Ostrowski if you would like to contact him please give him some time to answer, have some patience.
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Senate Staff Raises Passed Out At Height of Power Struggle
Just as Democrats teetered on the brink of losing their majority control of the state senate, 11 top senate staffers from that party received raises of up to $32,000, according to the New York Post,The raises were approved by then Senate President Pro Tem Malcolm Smith (D-Queens), but a spokesperson for his office tells the post that the raises were scheduled before the coup stymied Senate progress on most any other issue for over five weeks. "One thing had nothing to do with the other," the unnamed spokesman is quoted as saying by the Post.The raises would have been approved either as part of our during discussions on a state budget that initially had $3 billion in deficits.The raises ranged from $10,000 to $32,000 each for a total cost of $200,000, the Post reports. The raises were given to Smith's top aides, and others on staff with Senate Democratic Conference leader John Sampson, a Brooklyn Democrat who replaced Smith as the Senate's de facto Majority Leader.Criticism of the raises came from both parties."This is one of the most outrageous things I've ever seen. Frankly, I'm ashamed of it," a prominent Democrat told the Post.Adds a spokesman for state Senate Minority Leader Dean Skelos (R-Nassau): "It's outrageous

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Compensation And Other Disability Payments May Affect Your Benefits


Disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability benefits.
However, workers’ compensation and other public disability benefits may reduce your Social Security benefits. Workers’ compensation benefits are paid to a worker because of a job-related injury or illness. They may be paid by federal or state workers’ compensation agencies, employers or by insurance companies on behalf of employers.
Other public disability payments that may affect your Social Security benefit are those paid by a federal, state or local government and are for disabling medical conditions that are not job-related. Examples are civil service disability benefits, state temporary disability benefits and state or local government retirement benefits that are based on disability.
If you receive workers’ compensation or other public disability benefits and Social Security disability benefits, the total amount of these benefits cannot exceed 80 percent of your average current earnings before you became disabled.
http://www.socialsecurity.gov/pubs/10018.html
People who live in geographic locations that offer health care to those who are financially destitute have a higher chance of success

Chicago, IL (1888PressRelease) June 11, 2009 - Results were released Tuesday of a survey of more than 200 Social Security Attorneys nationwide, which revealed that one of the most important factors in determining whether or not a disabled person will be approved for Social Security benefits is not something that would normally make the top of a list of possible reasons. As surprising as it sounds, a disability claim may be held hostage by nothing more than where the claimant lives.

The survey, reported by PR Newswire, revealed major differences in approval rates for Social Security disability benefits and Supplemental Security Income (SSI) benefits comparing similar claimants with similar conditions and educational background across different geographic areas of the country. The study fursther revealed that geography also plays a significant role in the amount of the back pay awarded by the administrative law judge.

When the geographic variable was removed the approval rates and award amounts fell back within reasonable averages when compared against one another.

Possible Causes:
The study organizers indicated that the disparate results are most likely caused by the differing attitudes and views of the various judges that hear these types of cases. However, there are other theories as to why the results are so different from one location to another.

Samuel Packard, a Social Security attorney for Packard LaPray, doesn’t completely agree. "Typically, the amount of back pay awarded depends on the amount of time a person has to wait before they have a hearing with the judge. As a result, if a certain geographic location has a long processing time before hearings are held, then claimants that live in that area will typically be awarded more back pay," he stated.

When asked to next consider possible causes of disparity in overall approvals, Packard continued by stating, "A high percentage of denials are not based on whether the claimant is actually disabled, but rather on the amount of medical treatment the claimant could have received that would have proved their medical condition. As a result, people who live in geographic locations that offer health care to those who are indigent or otherwise financially destitute have a higher chance of showing the judge that they are in fact disabled."

What Can Be Done?

While these factors may appear to be outside the control of claimants and their attorneys, that isn’t always the case. Many Social Security lawyers agree that continued, regular visits to the doctor during the life of the claim can help overcome the influencing factors of geography in determining approval rates and award amounts in disability claims.

Statistics also indicate that claimants who are represented by experienced Social Security attorneys have a much higher approval rate at hearings than those who simply choose to represent themselves. A claimant’s representative will help ensure that medical care and continuous updates to the medical record by doctors and other qualified health professionals so that the record does not become bare leading up to the hearing.

http://www.MySocialSecurityLawyers.com




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

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Lots of questions about a section 32, contact your attorney if you have questions on this issue. This i-w posted this up about a section 32 on a site where a attorney helps i-w with questions about comp cases.

Section 32 Settlement


I have been on WC for 9 years. I am PPD. I received a letter from my attorney today that the SIF wishes to settle for a one time payment and NO medical included. I do not need surgery. My injury was for a herniated disk that has collapse and as a result has caused me permanent lumber nerve root damage. The problems I will have for the rest of my life is trouble with prolong sitting, standing and trying to walk, which is a everyday pain. Since, I do not need surgery; however, my medications are paid for by the SIF. It does not state in the letter what the one time payment is but that if I am interested to sign and return it to my lawyer. My weekly wage benefits and medical care would end. My husband has recently past away and I live alone without help from anyone. All I have is my SSD, WC and Medicare. I would love to end this WC nightmare but I am afraid to live on a lump sum that would eventually run out. Is there a way to get a monthly settlement with medical benefits? If I refuse can they possibly come with a better offer?
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reply: Some carriers will settle with continuing medical. SIF is usally not one of them, but there are always exceptions. Certainly you would not want to settle the medical if the drug expense is high--even if you eventually had Medicare coverage, it would not cover your prescriptions 100% the way WC does.

If you refuse the offer, the carrier can come back with a higher offer. The carrier cannot force you to settle, so it must entice you to do so by making higher offers.

If you are receiving SSD and WC, and your spouse is deceased, you should meet with Social Security to see if there is a way to increase your SSD/SSA payments. Perhaps you are eligible for old-age benefits through your or your husbands coverage, and there would be no offset of the WC against the SSA benefit. The SSA office can tell you.

DO NOT,,,consider a settlement unless you have a PLAN for the payment of the future medicals. If you know there will be considerable future expense, as you do with the prescriptions, you have to settle with continuing medical, or not settle


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

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About a week ago I talked to an injured worker that was hurt on job about two years ago and employed by a local municipality. The person was jerked around by WC and his employers ic for the last two years and finally just settled his case in court. The law judge’s decision was special funds to pay the settlement in the case. The person settled for six-figure amount ($) and did what his attorney recommended. About two weeks after the court case this person is notified that the IC (special funds) are appealing the law judge’s decision on the settlement. The appeal can take about six to nine months for a decision from Albany. So after two years of fighting the IC continues to screw with you! On this case the injured worker was awarded full SSD for work injuries a six figure settlement, but again denied his disability benefits from the NYSRS. Anyone that is in the NYSRS injured or not it would be in your best interest to contact your area representative and complain about this broken system. Remember what the biggest law firm in NYC told me in an e-mail the system is BROKEN! If you call your rep you do not want to talk to their staff you want to speak to the assemblyman or the senator! If they are not in ask when they will be because you would like to speak to that person. This November Gov. Patterson and Comptroller Thomas P. DiNapoli are up for election they both were appointed to the positions they hold. Both have done nothing about the two worse systems in the country WC and the NYSRS disability yet alone anything else for this STATE!!!! Get involved in what is going on in state government, and in your local area.
The injured and disabled worker need not be AFARIED as 99 percent are. Speak up for your rights; the Internet is a very powerful tool use it!

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




http://www.state.ny.us/
New York State Senate New York State Assembly




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I received an email from a local comp attorney that would like to send me informative information for accident and injured workers. So as I receive them I will post them up.

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Disability Classifications
An injured worker's health care provider will determine the extent of the disability. Cash benefits are directly related to the following disability classifications:
Temporary Total Disability
The injured worker's wage-earning capacity is lost totally, but only on a temporary basis.
Temporary Partial Disability
The wage-earning capacity is lost only partially, and on a temporary basis.
Permanent Total Disability
The employee's wage-earning capacity is permanently and totally lost. There is no limit on the number of weeks payable. In certain instances, an employee may continue to engage in business or employment, if his/her wages, combined with the weekly benefit, do not exceed the maximums set by law.
Permanent Partial Disability
Part of the employee's wage-earning capacity has been permanently lost on the job. If the work related accident or date of disablement occurred before March 13, 2007, benefits are payable as long as the partial disability exists and results in wage loss, except for schedule loss of use. If there is no wage loss or reduced earnings as the result of the partial disability, only medical benefits are payable.
Schedule Loss
This is a special category of Permanent Partial Disability, and involves loss of eyesight or hearing, or loss of a part of the body or its use. Compensation is limited to a certain number of weeks, according to a schedule set by law.

If the work related accident or date of disablement occurred on or after March 13, 2007, benefits are payable for a maximum number of weeks as determined by the claimant's loss of wage-earning capacity. The maximum number of weeks is set forth in statute as follows:

525 weeks for loss of wage earning capacity of greater than 95%
500 weeks for loss of wage earning capacity of greater than 91% thru 95%
475 weeks for loss of wage earning capacity of greater than 86% thru 90%
450 weeks for loss of wage earning capacity of greater than 81% thru 85%
425 weeks for loss of wage earning capacity of greater than 76% thru 80%
400 weeks for loss of wage earning capacity of greater than 71% thru 75%
375 weeks for loss of wage earning capacity of greater than 61% thru 70%
350 weeks for loss of wage earning capacity of greater than 51% thru 60%
300 weeks for loss of wage earning capacity of greater than 41% thru 50%
275 weeks for loss of wage earning capacity of greater than 31% thru 40%
250 weeks for loss of wage earning capacity of greater than 16% thru 30%
225 weeks for loss of wage earning capacity of 15% or less
Disfigurement
Serious and permanent disfigurement to the face, head or neck may entitle the worker to compensation up to a maximum of $20,000, depending upon date of injury.

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If You Are Involved in a Motor vehicle Accident

DO: Obtain the name, license plate and insurance information from the other driver and have a police report filled out.

DO: Contact your insurance company and report that you were involved in an accident as soon as possible. If a claim is made against you later and you did not report it, your insurance company will not cover you.

DO: Contact a lawyer to find out what your rights are under the law. The insurance company is only interested in paying you less than you deserve.

DO: File a no-fault claims if you are injured in a motor vehicle accident. No-fault benefits will give you better access to medical care and provide you up to $50.000 in coverage for doctors and lost wages.

DO: Get a least two repair estimates before discussing a settlement with your insurance company. You are not required to go to a collision shop on their list.

DO NOT: Allow another driver that hit your car to drive off without providing you with insurance information. You do not know what damage has been done to your car or you!

DO NOT: Speak with an insurance company adjuster without contacting a lawyer. They are not permitted to give legal advice and often discourage you from finding out what your rights are.

DO NOT: Sign any statements or accept any settlements from an insurance company. Consulate an attorney, an uninformed decision to settle may prove very costly for you and your family.

DO NOT: Allow the other driver to choose whether they should report it to their insurance company. The other driver usually refuses to pay for property damage if it is extensive. The failure to report an accident may later jeopardize the insurance coverage for your claim

DO NOT: DRINK AND DRIVE

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If you are hurt in a car accident remember you are going to deal with the ime’s and all the BS from the ic just like if you get hurt on the job. These are the same people that will put you and your family through hell.

This last item was sent to me by an injured worker.

Liberty Mutual and its non-treatment of workmans comp injury.


My (nick)name for this insurer is Liberty Mutilate. I have them on three counts of total dishonesty just using their own letters, for crying out loud. Their attorney has even lied, in writing, to the DIA judge.

DISRESPECT the claimant.
DENY the claimant.
DELAY any payment.
DESTROY the claimant.
Hope the claimant DIES.

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I took this post off another site from an i-w that worked in the PS an was injured on 9/11. He was looking for help with his case and needs an lawyer in NYS. The best thing this person could of done was get an attorney as soon as he was injured.


9/11 i-w:
I was injured at the world trade center.
A few months ago the social security adm. awarded me full disability, but because in 2004 I did some volunteer work ( 3 months) SS only went back to 2004. Workman compensation New York has picked up from 2001 to 2004.
Now here is my problem, all of the above was done with no attorney involved; now I think I need one.
I am at the end of my case and I received several surgeries on my rotator cuff. lost 20% of my hearing and Dementia. Toxic fumes damaged my brain and I have all the test done that shows that.
As far as loss of the use of my shoulder the doctor says 65 %. Does anyone know of a good New York lawyer to help me take this to the end?


The i-w has rights to reasonable accommodation under Federal ADA laws.
This is a great site it covers alot of the laws and many that were changed in 2008.

http://www.jan.wvu.edu/links/adalinks.htm
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http://politicalclassdismissed.com/
http://www.timesunion.com/

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This post is from an i-w from N.Y. at the bottom of the post another i-w repley to the post. I posted the link about recordings very interesting stuff.
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Know Your Employers History:
My workers compensation claim was made in the State of: NY It's obvious employers force out employees by methods of frustration because of their workers comp claim so be prepared. Buy a digital recorder and plant it in your pocket! Employers tend to open their mouth more when they don't think anybody else is listening. I was terminated 2 weeks after presenting my doctors note claiming temp total disability.My employer didn't even know when the doctor was planning for my return to work. I made a complaint to the Division of Human Rights and my employer denied terminating me in their rebuttal. I protected myself and the recording was also helpful when my employer fought my comp claim. I now have federal lawsuit filed for disability discrimination.
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I think it is admissible as evidence. NY is a one party consent state for tape recording. I did the same when I was examined by my company doctor and my lawyer plans to use the tape in court in NY for a case other than WC.


http://www.citmedialaw.org/legal-gui...-conversations



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