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New York State Disability Retirement

December 01, 2020


Are you a member of the New York State Employees’ Retirement System or Police & Fire Retirement Systems? If you are, and you have become disabled and unable to perform your full job duties, you may be eligible for New York State Disability Retirement benefits. The Law Firm of Alex Dell can assist you in obtaining a New York State Disability Retirement benefit in addition to representing you for your New York State Workers’ Compensation claims and Social Security Disability benefits. In many instances, injured workers are eligible to collect all three benefits simultaneously.

The New York State Retirement System (“System”) provides a monthly disability retirement benefit in the event you become permanently disabled due to one or more physical and/or psychological injuries or conditions. Disability retirement benefits can range from one-third to 75% of your Final Average Salary and can be awarded for both work-related and non-work related injuries or conditions, depending on the type of application you qualify for and which Tier you belong to.

Moreover, some disability retirement benefits are not subject to any federal or state taxes, such as when you become disabled due to a sudden and unexpected work-related injury or due to one or more qualifying World Trade Center related medical conditions. In addition to a monthly disability payment from the New York State Comptroller, you may also qualify for a retroactive monetary award payable back to the date your application was filed or to the effective date of your retirement, whichever is later. The Law Firm of Alex Dell can also assist you in pursuing death benefits in the event your spouse dies from a work-related injury or illness.

An application for New York State Disability Retirement benefits can be filed even if you are not yet eligible to file for your regular service-connected pension. You can also continue working while your disability retirement application is pending with the System.

Be aware that the New York State Retirement & Social Security Law has very strict deadlines when it comes to filing for disability retirement benefits and appealing unfavorable determinations. In some instances, you may only have ninety (90) days from when you last worked to file your application. And, in all instances, you only have four (4) months to appeal an unfavorable determination by filing a written request for a hearing and re-determination with the New York State Retirement System.

The Law Firm of Alex Dell can assist you by ensuring that your application is timely filed, by providing the System with copies of your medical records, and by representing you at a hearing if your application is denied. And, unlike most law firms, we do not require any money up front in order to represent you for New York State Disability Retirement benefits. Instead, attorney fees are payable only if your disability retirement application(s) are approved and you receive a monetary payment from the System. We only get paid if you get paid.

If you have any questions about whether you are eligible for New York State Disability Retirement benefits or would like to speak with an attorney about New York State Disability Retirement, please give us a call and a free consultation will be scheduled immediately.