Practice Areas

Eligibility, Applying and Appealing NYSDR Claims

NYS Disability Retirement Eligibility Criteria

Every day, our lawyers guide people through the application process for NYS Disability Retirement benefits. Before we ever begin the application, however, we take the time to help our clients understand exactly what goes into determining eligibility for benefits.

We are one of the few firms in the Hudson Valley and Upstate New York with a dedicated NYS Disability Retirement practice.

Many Factors Go Into A Claim

There are a total of six factors that determine a Disability Retirement benefit. They are:

Membership tier, which is calculated based on the date a worker joins the retirement system, and whether the worker is a member of the Employees’ Retirement System (ERS) or the Police and Fire Retirement System (PFRS)
Final average salary
Retirement plan
Whether an on-the-job injury leads to a disability
Any credited service in the retirement system
Age of retirement

The Retirement System encourages eligible employees to file a Disability Retirement application as soon as possible. We can help you gather the necessary information to submit your claim.

Other work injury-related benefits, specifically workers’ compensation, can affect a Disability Retirement claim. Some otherwise-eligible workers can have their total benefit reduced if they are also receiving workers’ comp benefits. The factors that determine whether this will occur are the membership tier, retirement plan and type of disability

Applying For NYSDR Benefits

A good lawyer should make a client’s life easier, not more difficult. At The Law Firm of Alex Dell, PLLC, our lawyers have helped many people who, when facing a potential Disability Retirement claim, gave up because they didn’t even know where to begin.

If you are confused and overwhelmed by all the information related to disability claims, we understand. The Retirement System has separate application forms for people in different retirement tiers and seeking different disability retirement benefits. Sometimes, it is enough to file just one application, while in other situations it may make more sense to file several applications all at once.

Learn more about how an experienced NYS Disability Retirement lawyer can make your life easier, then call toll free 866-965-2667 to speak with one of our attorneys.

Your Experienced Guide Through The Application Process

For many people, even gathering the documentation to submit with an application can be daunting.

With our legal team by your side, you will have people familiar with the process who can help you determine the best way to obtain information that must be submitted with an application, especially proof of birth date and other documentation.

Certain employees must also apply for workers’ compensation in addition to submitting an application for a disability retirement claim. Because our firm handles all work injury-related benefits claims, you won’t have to turn elsewhere for assistance with this. We can streamline the process and reduce the time and energy required of you.

Having an experienced lawyer handle your claim also means you won’t run this risk of applying for benefits too late.

Appealing Denied NYSDR Claims

Receiving news that your NYS Disability Retirement claim has been initially denied can be disappointing. It shouldn’t be devastating, however, and it absolutely is not the last word in your claim.

Our lawyers do everything possible to get our New York State clients their Disability Benefit on the very first try. Sometimes, however, the Retirement System rejects a claim for administrative or medical reasons. At The Law Firm of Alex Dell, PLLC, we help our clients pursue every available method of appeal. When our clients have a legitimate disability, they should receive disability benefits, period. We may never promise results, but we always promise that we will work hard to get results.

Time is essential when appealing a denied benefits claim. Call our office toll free at 866-965-2667 as soon as possible if you’ve been notified that your claim has not been approved.

Application Denied? You DO Have Options.

You have four months from the date an initial decision was issued by the NYS Comptroller on your application to request a rehearing and redetermination of your application.

As part of the appeal, there is a formal hearing before an administrative hearing officer. While we will take the lead in handling as much of the formalities as possible, we will also prepare you to tell your story to the officer. We know that many people who have not had to participate in this type of hearing can be very anxious about the process. We will be with you every step of the way, explaining the process and taking the fear out of it.

If your claim is denied on rehearing, it may be possible to pursue additional levels of appeal. This can prolong the process even further, meaning that having anexperienced lawyer prepare your claim from the beginning may be able to save you the time and stress of going through the appeals process.