Legal Report

I attended the 8^th Precinct Holiday Party held at Jackie Reilly’s. I had an exceptionally good time. It was really a very, very good party. It was wonderful to see Jeannette Nardo looking great, particularly on the dance floor. It was great to meet up with some of the retired officers, especially Bill Collins and Jeannie McQuillan. Jeannie remembers, almost verbatim, every conversation I have had with her over the years. She remembers friends of mine that I have told her about and the current stages of my kids’ lives. I always enjoy seeing her.

I also had a most gratifying conversation with another retired police officer, Jill Kissel, who told me, “Some 15 years ago you handled my disability case and you were wonderful.” An excellent evening becomes spectacular when someone takes the time to let you know that your work and efforts are remembered and appreciated.

At this time, during the holiday season and with the New Year approaching, I cannot help but reflect not only on my firm’s accomplishments over the past years but also on any ways that we might be able to improve so that we may continue to deliver the best possible legal services to Nassau County police officers and their families.

I am sure that you recall former New York City Mayor Ed Koch who liked to ask “How am I doing?” In effect the PBA does the same thing. When Al Unterweiser was 2^nd V.P., letters were sent by the PBA to every member who utilized the services of the law firm for disability, Workers’ Compensation or Social Security Disability benefits. The purpose of the letters was to get feedback on the quality of legal services provided. Over the course of the years, the feedback to the PBA has been excellent. The firm has been commended by members on its competence, on its results, on its service and on its professionalism. The current procedure for monitoring legal services provided to members has been changed somewhat by 1^st V.P. James Carver. At the end of his Newsletter column, Jimmy has written, “If anyone has any dealing with our attorneys whether it is from going to IAU, Workers’ Comp or ¾ cases let us know how your experience has been, both positive and negative.” I was very happy to hear from Jimmy at the party last night that the responses have been all positive.

Even so, I happen to know that we have not succeeded in absolute perfection. We have not made every single cop who has dealt with us happy. And, that is something that I want to address and correct. Why does your PBA spend its money on retaining a law firm to act as disability counsel, to assist you in claims for disability retirement, Workers’ Compensation, Social Security disability and personal injury cases? Part of the answer is contained in the Mission Statement of the Nassau County PBA, which reads in part: “The PBA is committed to advancing the professional interests of its members. The preservation of the health, safety and welfare of its members is of paramount importance to the PBA.”

Also, the PBA wants to offer you legal services provided by a law firm that concentrates in disability law. At the time that President Gary DelaRaba and his new board took office in 1988, a new and clever, some might say radical, approach to providing legal services was put into place. Instead of having one law firm handle all the PBA’s legal work, Gary decided to split the legal work among three firms: Harry Greenberg, Esq. was hired to do the labor work; Ed McHugh, Esq. was hired to do the disciplinary work and respond to any shootings; and, Fusco, Brandenstein and Rada, P.C. was retained to do the disability work. There was a thorough vetting process before the lawyers were hired. With respect to the Fusco, Brandenstein and Rada, P.C. firm, several firms and solo practitioners interviewed for the position. On the basis of several interviews, including one with all the partners, general reputation of the firm, experience and recommendations, the Fusco firm was selected.

We have now been serving as PBA disability counsel since 1988. No other law firm has served as PBA disability counsel for this length of time. Obviously some things were being done very right: the number of applicants awarded disability pensions went up significantly; a Memorandum of Agreement was negotiated between the PBA and Nassau County that spared Nassau County PBA members the grief, chaos and turmoil caused by the Balcerak decision; and we had great impact in bringing about change in how light duty work was treated by the Retirement System in deciding disability pensions.

So, why would a Nassau County PBA member decide not to use the union attorney for assistance in a disability claim? Why would a Nassau County PBA member spend at least five times as much money to hire an outside attorney instead of using the union attorney? We recognize the importance of a disability claim to the member and his/her family. There are many considerations in making a decision as to whom you choose to handle your disability claim and we recognize the myriad of factors that might influence that decision. We do want to address some of these factors.

Not too long ago we were advised of a criticism that was circulating regarding how we handle our disability claims. It was said that our firm “held back” on medical evidence at the initial level so that the applicant would be denied, that an appeal would then be necessary and we would therefore be in a position to charge substantially more money to handle the appeal. If this were actually the case, I sincerely doubt we would have lasted as disability counsel for the past 17 years. It is not difficult for a member to monitor the submission of medical evidence on his/her case as handled by us. A detailed interview is done during which all sources of medical evidence are carefully identified. If we already have the Workers’ Compensation case, we have a head start on the medical evidence. On the application for disability benefits, all pertinent treating sources are listed. The Police Department’s entire medical file is obtained. We send our clients copies of all requests for medical records as well as copies of letters forwarding medical evidence to the Retirement System. We know, as do all the lawyers practicing before the Retirement System, that the overwhelming majority or people who win their disability cases, win at the initial application level. It is for this reason that the initial application must be carefully and fully documented both medically and historically. The great majority of people who appeal denials are ultimately not successful. We simply could not have the excellent win record we have if we were seeking to have our cases adjudicated at the hearing level. Our goal is the same as the claimant’s: to win.

We are present at all the Board of Governor meetings and at the Open meetings. This gives us the unique opportunity of learning information that may be relevant to a pending claim. It also gives us the opportunity to raise issues which might be of concern to other members who have pending applications. We also represent members in such matters as denial of line of duty status and return to work orders. These matters may be resolved through Medical Review or 207-c hearings. PBA members do not pay for representation in these matters. It is much more seamless for us to appear in Medical Review or 207-c issues when we are handling the disability claim along with the Workers’ Compensation claim. It also makes it easier for the member to understand what is going on.

We hope that when you decide to entrust your disability claim to someone, you do so for the right reasons. While we are not happy to do so we acknowledge that, as hard as we try, we will not please everyone. But, nevertheless, we will keep trying to do so. We take great pride in the quality of our work, the ability to provide attentive service to our clients and the integrity of our law firm. We urge you to let us know if you have any concerns about the handling of any claim you have retained us to handle. We urge you to please let us know if there are any rumors floating around that might influence your choice of a disability lawyer. We urge you to let Jimmy Carver know of your experience in dealing with our law firm.

On behalf of the firm, I wish you all a happy, healthy, prosperous and peaceful New Year, free of injury so that you do not have to retain any disability law firm. Stay safe! As always, you can contact me at 516-496-0400, ext. 4413 or at mrada@fbrlaw.com.