At Fusco, Brandenstein & Rada, P.C., we have spent decades standing up for injured and disabled New Yorkers. From our office in Woodbury, we serve as a trusted resource for those navigating complicated claims systems like NYC and State Disability Pensions, Police Disability, and Veterans Disability Benefits. Our clients are police officers, civil servants, and veterans who have sacrificed for their jobs and communities. We do not take that lightly. When you are overwhelmed by the process, paperwork, and pressure, we step in with a plan. Reach out to us today to talk through your next steps.
NYC & State Disability Pensions
If you are a New York civil service employee who became injured or ill and can no longer perform your job duties, you may qualify for a disability pension. These pensions are offered through the New York State and Local Retirement System (NYSLRS) and the New York City Employees’ Retirement System (NYCERS).
There are two main types of disability pensions:
Disability pensions in New York fall into two main categories. The one you qualify for depends on how your injury or illness happened—and whether it was tied to your job.
- Ordinary Disability Retirement (ODR): For non-job-related conditions, available after ten years of service.
- Accidental Disability Retirement (ADR): For work-related injuries or illnesses, with no minimum service requirement.
Your eligibility depends on your role, how long you’ve been working, and the specifics of your medical condition. But what makes or breaks a claim is the strength of your medical records and a clear link between your condition and your service.
Why Claims Get Denied
Getting approved for a disability pension isn’t easy—claims are denied more often than most people realize, and usually for reasons that can be avoided with the proper support. Common reasons include:
- Improperly reported injuries
- Incomplete or inconsistent medical records
- Claims dismissed as “pre-existing” conditions
- Incidents that do not meet the retirement system’s strict definition of an “accident”
We understand how these systems work at Fusco, Brandenstein & Rada, P.C.. Our team collaborates with your doctors, builds credible evidence, and writes persuasive legal arguments to support your application.
If your claim is denied, we represent clients in administrative hearings and can file an Article 78 proceeding in court to challenge unjust decisions. These cases are time-sensitive and legally complex, but with our experience and commitment, you won’t have to face them alone.
Police Disability (Local and State)
As a law enforcement officer, your job puts you in harm’s way every day. Whether you are a New York City police officer or work for a local or state department, a disabling injury on the job may qualify you for a generous disability pension—but only if your case is appropriately handled.
Accidental Disability Retirement (ADR) for Police
ADR provides tax-free benefits if you suffer a permanent disability due to an “accident” that occurred while performing your duties. However, the legal definition of “accident” is narrower than most expect. A slip on ice may qualify, but an injury from a routine task likely won’t—unless you make a strong case.
We help you:
- Identify what qualifies as an accident under current case law
- Document every detail of the incident
- Coordinate expert medical evaluations
- Represent you in front of the pension board
Because it’s not just about what happened—it’s about how you prove it, and we’re here to make sure your case is built to hold up.
Performance of Duty Disability Retirement
Not every injury shows up all at once. Sometimes, it is years of wear and tear or the mental toll of the job that takes you out. If you are part of the New York State Police and Fire Retirement System (PFRS), you might still qualify for benefits, but you’ll need to show that your condition came straight from the work you did. That is where we come in. We help connect the dots and back it up with the proof you need.
Administrative and Legal Support
If you get a hearing notice or a denial letter, you don’t have much time to respond. We’ve helped plenty of officers through pension hearings, Article 78 cases, and appeals. Whether it’s getting your testimony ready or pushing back against bad medical opinions, we’ve got your back the whole way.
You’ve put in the work—now let us help you get the benefits you’ve earned.
Veteran Disability Benefits
If you served in the military and now live with a service-connected disability, you deserve support from the Department of Veterans Affairs (VA). The VA system, however, is known for delays and denials. That is where we come in.
VA Disability Claims
To qualify, you need to show:
- A current medical condition
- An event, injury, or illness that occurred during service
- A link between the two (called a “nexus”)
Sounds simple. In practice, it is anything but. The VA often denies claims due to vague medical records or a lack of direct evidence. We build your case from the ground up and walk you through everything.
We offer pro bono assistance for first-time VA applications. We know veterans have earned these benefits, and we take pride in helping them access that support.
VA Appeals
Was your claim denied? Did you get a low disability rating that does not reflect how your condition affects your life? You have options:
- Higher-Level Review
- Supplemental Claim
- Board of Veterans’ Appeals (BVA) Hearings
Each path has its own rules and timelines. We explain your options and help you decide what’s right for you. Then, we fight to get the benefits you are owed.
Other Veteran-Related Legal Services
We also assist with:
- Pension benefits for low-income veterans
- Survivor benefits for families of deceased service members
- Discharge upgrades to help access VA benefits after unfavorable military discharges
No matter your situation, we are here to advocate for you with the respect and dedication your service deserves.
Additional Legal Services in Woodbury
Fusco, Brandenstein & Rada, P.C. is more than a disability law firm. We provide full-service legal support across multiple practice areas to help our clients—and their families—navigate challenges today and prepare for tomorrow.
- Workers’ Compensation: If you were injured on the job, we will guide you through the entire process—from filing your initial claim to appealing denials and fighting for the benefits you are entitled to. We know how to push back when insurers try to minimize your injuries or delay your payments.
- Social Security Disability (SSD): Applying for SSDI or SSI is overwhelming, especially if you are already dealing with a serious medical condition. We handle everything from paperwork to appeals, so you do not have to go through it alone.
- Long-Term Disability (LTD): Whether your plan is employer-sponsored or privately purchased, LTD claims are often met with resistance. We deal directly with insurance companies, appeal wrongful denials, and litigate when necessary.
- Negligence and Personal Injury: If someone else’s negligence caused your injuries—through a car accident, slip and fall, or another incident—we pursue full compensation for your medical bills, lost income, and pain and suffering.
- General Practice: Life is unpredictable. Whether you are going through a divorce, buying a home, or planning your estate, our team is here to offer trusted legal guidance every step of the way.
Whatever life throws your way, Fusco, Brandenstein & Rada, P.C. is ready to stand by your side with experience, compassion, and results-driven representation.
FAQs About Disability and Pension Claims
We hear many of the same questions from clients—and for good reason. Disability law is complicated, and the stakes are high.
What if I missed the deadline to file a disability claim?
It depends on your retirement system and the type of claim you are pursuing. Some deadlines are hard cutoffs, especially in state systems, while others—like certain VA claims—may allow exceptions under limited circumstances—either way, time matters. If you believe you have missed a deadline, contact a lawyer right away. We can evaluate your situation and explore any available options to move forward.
Do I need a lawyer to apply for VA or state disability benefits?
Technically, no—but navigating the process on your own can be overwhelming. The burden of proof is high; one missing document or unclear detail can lead to a denial. Having an experienced attorney improves your chances of success, especially if you are appealing a denial or need help building strong medical and legal evidence.
Can I receive multiple types of benefits at once?
In many cases, yes. Veterans may qualify for VA disability, workers’ compensation, and Social Security Disability at the same time. However, some benefits may offset others or impact how much you receive. We help you make sense of how these systems interact so you can maximize your support.
How long does the pension approval process take?
Every case is different. Some approvals come in months; others, especially those involving appeals, can take over a year. We monitor your case closely and push for timely resolutions wherever possible.
Do you still have questions? Contact us today. The sooner we get involved, the better we can protect your rights.
Nearby Areas We Serve
Fusco, Brandenstein & Rada, P.C. is proud to serve Woodbury, NY, and its surrounding communities, including but not limited to:
- Hicksville (11801)
- Plainview (11803)
- Syosset (11791)
- Jericho (11753)
- Melville (11747)
- Huntington (11743)
- Bethpage (11714)
- Farmingdale (11735, 11737)
- Massapequa (11758)
- Westbury (11568, 11590)
We are Here When You Need Legal Support That Lasts
At Fusco, Brandenstein & Rada, P.C., we do more than file paperwork. We build long-term relationships with clients who want trustworthy, strategic guidance through some of the most difficult times of their lives. Whether you are filing for the first time or stuck in an appeal, you do not have to handle it alone. Look us up on Google Maps and read our reviews to see why we’re highly rated by clients.
Schedule a consultation or learn more about our services today. We are here when you need real answers and a legal team that shows up every step of the way. Call us at 516-496-0400.