If you are employed by the State of New York you may be eligible for a disability pension if you are disabled and permanently incapacitated from performing the duties of your position.
To file for a disability pension (commonly referred to as "Accidental Disability Retirement"/ "Three Quarters"/”Ordinary Disability Retirement") you must file an application with the appropriate New York State Retirement System. Depending on where you are employed you file with the New York State & Local Retirement System, the New York State Teachers’ Retirement System or the New York Police and Firefighters’ Retirement System.
If you are denied a disability pension after the initial application you have the right to request an administrative hearing before a Judge. Statistically it is more difficult to win a case at the hearing level. As such it is important to secure all the necessary medical evidence to win a claim at the initial level. Miller & Caggiano, LLP posses the necessary experience and expertise to assist in winning your disability retirement claim at the initial level.
If we do proceed to a hearing before Administrative Law Judge a clear and concise picture must be present through the applicant’s testimony and the medical evidence in the record. The Administrative Law Judge will not render a decision at the hearing. Thereafter Miller & Caggiano, LLP will prepare and submit a written brief summarizing the claim and highlighting the favorable medical evidence for the Judge. A written decision will be sent with in approximately six (6) weeks after both sides submit the brief.