New York State Disability Retirement System

[dtwarren]

Substantial gainful activity for 2014 is making $1,070 or more a month ( http://www.socialsecurity.gov/oact/COLA/sga.html ). So a disabled person can work 133 Hrs. per month at minimum wage ($8/hr). However once on SSD if they earn more than $770/month (96 hrs at $8/hr) they trigger a trial work period in which they can only make more than that for 9 months ( http://www.ssa.gov/OACT/cola/twp.html ).

[NY The Vampire State]

By Rich Newberg
BUFFALO, N.Y. (WIVB) – A former Buffalo Police lieutenant has admitted he failed to return to work and defrauded the police department out of “Injured on Duty” pay.

In February 2004, Patrick O’Mara claimed he had strained his back while on duty and was placed on “Injured on Duty” (IOD) status, where he remained until October when he was ordered to return to work on duty. Five months later, the 53-year-old divorced father of two who lives in Kenmore claimed he injured his right hand while lifting two reams of copy paper.

Story continues below

FBI agents, suspecting O’Mara was exaggerating his injury, put him under surveillance, and the lieutenant was seen going about his normal activities, one of which included playing an organ at his church. During a 2012 interview where FBI investigators confronted O’Mara about his injury, O’Mara told agents that he was capable of performing light duty, but had no incentive to return to work.

He is quoted as saying, “It is demeaning to sit at a desk and answer phones and I consider it to be punishment” and “the pay on IOD status, which is without taxe,s is actually an incentive to stay off duty in IOD status.”

On Monday, O’Mara pleaded guilty in federal court to wire fraud. Though the charge could carry a maximum sentence of 20 years in prison, sentencing guidelines in this case could mean the former lieutenant spends up to 18 months in prison.

O’Mara’s attorney Joseph Latona said, “He had a number of injuries for a variety of reasons and basically what the admission was is that upon being certified by a physician he could return to work, he did not. As a result he received money and improperly so. He admitted his responsibility.”

The former cop, who spent more than 20 years on the force before retiring in 2012, may owe more than $107,000 in restitution, but his attorney claims the amount is a little over $40,000. That matter remains in arbitration. Under a forfeiture agreement, the government could sell two Buffalo rental properties O’Mara owns for restitution.

He will be sentenced July 30, 2014.

O’Mara’s is one of two Buffalo Police officers charged with defrauding the IOD program. On May 9, 2012, Robert Quintana, who has been on IOD status since March of 2005, was arrested and also charged with mail and health care fraud.

He should be forced to pay for the investigation of himself as well.


I'm sure there is more than a few of us who have "strained" our backs at work. Such Bull**** but the morons around here will continue to make excuses abd defend it.

[zinger]

Know the difference SSD/SSDI Two very good sites for information on SS.




http://www.disabilityapprovalguide.c...c=org_fb_ssdih
http://www.disabilityapprovalguide.c...c=org_fb_ssdih

[zinger]

Some indications are that if a person files for SSDI and is approved (which I would be) then after the fact gets a wc settlement lets say lump sum, that SSDI go's on hold until that lump sum wc settlement is depleted.
That's incorrect, you will still get your full TTD.
There will be a small offset on your SSDI though, the combined between your SSDI and TTD can't exceed 80% of your AWW.
The offset will be so small you'll hardly notice, they base it over a lifetime.



You should file as early as possible, whether you get it eventually are not, most likely you will be denied at least once, welcome to the system! However, once you are approved, if and when you are, then they will pay retro to time of first application. Expect it to take 18 months before you are ever approved. If and when a settlement is offered in your WC claim, and there is no guarantee, have a lawyer write the agreement up so that a lump some will be considered as life time payout and then you will not need to lose any of the disability pay. Basically you are allowed to receive up to 80% of your pretaxed annual pay when you were injured between wc and disability. WC money is paid first, and the disability will allow you to have the difference in monthly pay. Once WC stops, you will receive whatever ssdi you are entitled too until you reach 65 and then it will become ssi, at the same amount. If the wording is not done correctly in the settlement, then yes, you will lose disability payments for a while, under the same percentage. So, don't settle without an attorney reviewing your settlement.

[NY The Vampire State]

Heeeeeeeeeesssssssss Baaaaaaaackkkk

[Ileftchktg]

The owner of this site should block this idiot from this thread.

[dtwarren]

The owner of this site should block this idiot from this thread.

Why? Also who gets to decide who is the idiot? He is not posting inappropriately and if you do not like what he is posting you can chose not to read his posts.

[WNYresident]

I made this thread sticky so it stays are the top of the forum it's in.

[zinger]

IW>How long of a process is it when I was told they are actively working on my appeal. I've waited 10 months and was told today they are working on it. Just curious how long this now takes.
The average wait for an appeal in a NYSWC case is about 10 months to a year. Once the Appeal Starts Being "Worked On" by the Administrative Judges it takes awhile due to the lack of judges doing cases.