New York State Employees’ Retirement System Update

Mr. Rada is known for his expertise in New York City and New York State Disability Retirement cases. He serves as special counsel to the Nassau County Police Benevolent Association, the NYC Corrections Captains Association and several other law enforcement unions. When working on cases involving disability retirement benefits, Mr. Rada often represents clients at New York State and Local Retirement System ("NYSERS") hearings. The Hearing Administration is implementing new policies regarding the hearing process that potential applicants should be aware of in case a claim needs to be filed on their behalf.

One only needs to request a hearing if a claim for performance of duty or accidental disability benefits is denied on the initial level. Once a claim is denied, an applicant can request a hearing to appeal the decision. In a letter dated June 10, 2008, NYSERS explained that the Hearing Administration has created a Pre-Hearing Review Unit to evaluate hearing requests and the record prior to the initial hearing. For all requests filed on or after June 16, 2008, the applicant will have 45 days from the date of the acknowledgement letter to send medical records to be submitted into evidence. In addition, the Pre-Hearing Review Unit may send the applicant an encrypted CD containing the medical records received by the Retirement System. Medical records that were considered by Disability Services and any additional records submitted within 45 days of the acknowledgment letter may be offered into evidence. The Retirement System expects that most appeals will be concluded in one hearing based on the medical records. Both the applicant and the Retirement System may still opt to have expert testimony in person or by phone, but offering the medical record into evidence should hopefully prove to be more efficient.

- Danielle Epstein