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  1. #1
    Join Date
    Feb 2009
    Posts
    43

    Default NYS Performance of Duty Retirement

    hello everyone, noob here. Got hurt on the job, and have had 2 surgeries, still have a messed up arm. Went to see the nys retirement's doc this week. He said i can not go back to my previous job. Do you think i have a good shot at getting the disability retirement based on what the doc they sent me for an eval. said? he told me, and my wife flat out that he is telling them in the report i am unable to work in my previous law enforcement job. injury was a result of an assault by a bad guy. I'm just wondering if my chances are good? how long for them to render a decision on the retirement if they get the report in the next few days? Also 2nd question is, how does the whole comp award deduction work with the disability retirement? i have recieved nothing as far as a award from comp as of yet. did get an ssi award on the first try in nov. thanks for the help.

  2. #2
    Join Date
    Jun 2008
    Location
    cranford nj
    Posts
    17

    Default Re: NYS Performance of Duty Retirement Ques?

    while I am In NJ, I can relate as i just retired with an accidental disability retirement. My first suggestion is to get a good lawyer that specializes in pension work.If NY is like NJ it will take at least 4 to 5 months for a pension hearing. Here the biggest problem is getting the Dxs to fill out the papers and get the medical records in a timely fashion. If you do get a lawyer send all paper work to them first, so they can screen out things they dont need to know. Not lieng but if you send in something even not related it can screw things up and become an issue.IMHO you should have a good case. Over here if you recieve WC payments and Disability pension it is deducted. If it is a lump sum award it is not.You can also deduct state and federal taxes and take a credit from your tax bill during the time you are on disability. you need a note from the employer stating you were out on a LO duty injury. I know a couple of PD and F/F in NY and the said you have it there too

  3. #3
    Join Date
    Feb 2009
    Posts
    43

    Default Re: NYS Performance of Duty Retirement Ques?

    no hearing at first try. they gather all the medical, send you to their doc, and than a commitee decides if you get the pension. If it is denied, you can appeal, and have a hearing that i have heard is very hard to win. The first shot is the best shot i am told. i filed over the summer, and just now saw there doc, and i await the decision. thanks for you help.

  4. #4
    Join Date
    Jun 2008
    Location
    cranford nj
    Posts
    17

    Default Re: NYS Performance of Duty Retirement Ques?

    we do it the same way, after youlile for pension you go to a state appointed doctor then it gets sent to a medical review board and the the the board of pension trustees which 5 are elected from police fire and retierees, and the are 5 govs appointees and 1 representing the state treas. I am suprised that its that hard to get. It used to be like that for2/3rds but a recent court case gave a loser interpertation of traumatic. I would still recomend highly having an attorney

  5. #5
    Join Date
    Feb 2009
    Posts
    9

    Default Re: NYS Performance of Duty Retirement Ques?

    Hello, I just found this site. I also just filed for my pension. Had 2 knee surgeries and after I was diagnosed with secondary Osteoarthritis my work doc stated I would never be fit for duty. It has been qiute a shock learning about your benefits. Unlike municipalities, I am not coverd under 207c.. Of course you learn this the heard way once you are disabled. I am not to familiar with the NYS retirement process. I filed in January, Just sent in the phyicians disability statement and other forms. What is the usual timeline to see the NYS doc and how many do you see? Thanks for the info

  6. #6
    Join Date
    Feb 2009
    Posts
    43

    Default Re: NYS Performance of Duty Retirement Ques?

    Quote Quoting vin1223 View Post
    Hello, I just found this site. I also just filed for my pension. Had 2 knee surgeries and after I was diagnosed with secondary Osteoarthritis my work doc stated I would never be fit for duty. It has been qiute a shock learning about your benefits. Unlike municipalities, I am not coverd under 207c.. Of course you learn this the heard way once you are disabled. I am not to familiar with the NYS retirement process. I filed in January, Just sent in the phyicians disability statement and other forms. What is the usual timeline to see the NYS doc and how many do you see? Thanks for the info
    filed in mid summer, and just saw doc.

  7. #7
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,341

    Arrow Re: NYS Performance of Duty Retirement Ques?

    Quote Quoting lifechange View Post
    hello everyone, noob here. Got hurt on the job, and have had 2 surgeries, still have a messed up arm. Went to see the nys retirement's doc this week. He said i can not go back to my previous job. Do you think i have a good shot at getting the disability retirement based on what the doc they sent me for an eval. said? he told me, and my wife flat out that he is telling them in the report i am unable to work in my previous law enforcement job. injury was a result of an assault by a bad guy. I'm just wondering if my chances are good? how long for them to render a decision on the retirement if they get the report in the next few days? Also 2nd question is, how does the whole comp award deduction work with the disability retirement? i have recieved nothing as far as a award from comp as of yet. did get an ssi award on the first try in nov. thanks for the help.
    If your are found to medically disabled and retired you still collect workers compensation retaining all the benefits except instead of the money going to the municipality or IC it will go to you.
    You're collecting SSDI now too, well it will be like that so expect a weekly or biweekly check from comp. Also, make sure the Sate notes that you were medically retired from your previous employment and that way comp., can't say you left the workforce involuntarily.
    Remember, there is an offset between SSDI and Workers comp. Its known as the 80% rule. They will take what you would get from SSDI times 80% which will be the max amount you can collect from both comp and SSDI, then they will take your SSDI and subtract what you get from Comp. If you settle there is language you can include to offset the offset (confused yet-you ain't seen nothing yet) then with a settlement comes another monster, something known as a set aside of the settlement to pay for your medical before medicare picks up the tab. For an arm, they may say you have to set aside $75,000 out of your settlement and use it over the years to pay medical bills, and you have to govern this and file reports to medicare (and you're not compensated).
    But, you never can be forced to settle and if your injury occurred prior to 2007 then realistically you could collect Comp., retirement, and SSDI (all tax free) and have your medical taken care of for life. I hope I was of some help as I am fading fast ready for some shut eye.
    Look this over and I will write more at a later time and date.

  8. #8
    Join Date
    Feb 2009
    Posts
    43

    Default Re: NYS Performance of Duty Retirement Ques?

    Quote Quoting Q-man View Post
    If your are found to medically disabled and retired you still collect workers compensation retaining all the benefits except instead of the money going to the municipality or IC it will go to you.
    You're collecting SSDI now too, well it will be like that so expect a weekly or biweekly check from comp. Also, make sure the Sate notes that you were medically retired from your previous employment and that way comp., can't say you left the workforce involuntarily.
    Remember, there is an offset between SSDI and Workers comp. Its known as the 80% rule. They will take what you would get from SSDI times 80% which will be the max amount you can collect from both comp and SSDI, then they will take your SSDI and subtract what you get from Comp. If you settle there is language you can include to offset the offset (confused yet-you ain't seen nothing yet) then with a settlement comes another monster, something known as a set aside of the settlement to pay for your medical before medicare picks up the tab. For an arm, they may say you have to set aside $75,000 out of your settlement and use it over the years to pay medical bills, and you have to govern this and file reports to medicare (and you're not compensated).
    But, you never can be forced to settle and if your injury occurred prior to 2007 then realistically you could collect Comp., retirement, and SSDI (all tax free) and have your medical taken care of for life. I hope I was of some help as I am fading fast ready for some shut eye.
    Look this over and I will write more at a later time and date.
    ok. with this performance of duty i will get 3/4 of my fas since the injury was by assault in line of duty. ssi is seperate in this instance, and will not affect my retirement, but comp will is what my lawyer is telling me. he said ssi is not involved in this type of disability as in other nys disability type retirements that require a ssi award, and go hand and hand with it. i am wondering that since it is my arm if i will get a schedule loss, or ppd bi weekley type settlement from w/c? any idea if i just saw the nys retirement's doc a week a go, and he said to me that in his report he will say i'm not fit for previous job. so with that how long it will take for them to make a decision on my retirement? just hope i get it, and don't get screwed. because the comp dr. told me i can not go back to my job in my december ime appt. don't wanna not be able to go back to work, but somehow get screwed out of my retirement disability pension. sad, but working for the state, and knowing how people get screwed i'm paranoid till i get the letter saying i have been granted the retirement. i have heard that the nysrs doc is the key to the award, and they go by his opinion for the most part regardless of what your doc says? thanks for the help sir. injury occurred in summer of 07.
    Last edited by lifechange; 03-02-2009 at 06:06 AM.

  9. #9
    Join Date
    Jun 2008
    Location
    cranford nj
    Posts
    17

    Default Re: NYS Performance of Duty Retirement Ques?

    Thats not always bad getting a disability pension. especialy 3/4ths. I only got 2/rds in NJ. But do have a big advantage that it is at least federal tax free for life. check on NY state taxes. In NJ it is also state tax free till 65.. also you can also claim at least a credit for federal taxs you payed on salary you earned this year and back 3 years for the time you are out on w/c or disability. all you need is a note from the dept stating the time you were out. It does not matter if your collecting w/c or full pay.you should also be able to take a Ny state tax credit also. you can also take a credit for any medicare and or social security that was taken out. I was out in 2008 from March 17th until I retired Dec 31st 2008. I just had my taxes done and was able to get back about $20000 back in taxes from that credit. also check you union contract and see if that entitles you to any free employer paid health and medical benefits we have 100% for LODD disability

  10. #10
    Join Date
    Feb 2009
    Posts
    43

    Default Re: NYS Performance of Duty Retirement Ques?

    Quote Quoting wrench 1988 View Post
    Thats not always bad getting a disability pension. especialy 3/4ths. I only got 2/rds in NJ. But do have a big advantage that it is at least federal tax free for life. check on NY state taxes. In NJ it is also state tax free till 65.. also you can also claim at least a credit for federal taxs you payed on salary you earned this year and back 3 years for the time you are out on w/c or disability. all you need is a note from the dept stating the time you were out. It does not matter if your collecting w/c or full pay.you should also be able to take a Ny state tax credit also. you can also take a credit for any medicare and or social security that was taken out. I was out in 2008 from March 17th until I retired Dec 31st 2008. I just had my taxes done and was able to get back about $20000 back in taxes from that credit. also check you union contract and see if that entitles you to any free employer paid health and medical benefits we have 100% for LODD disability
    yeah it will be tax free i was told by the retirement system. just hope i get it. heard so many stories of people getting screwed out of it, but i an hoping that when the retirements own doc told me i can't do my former job it can't hurt. keeping my fingers crossed.

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