NYS and NYC Disability Retirement

If you work for a public employer in New York, such as the state, a county, city, or town, then you may be entitled to a monthly disability pension benefit from the New York State Retirement System if you become "permanently incapacitated from performing the duties of your position."

 

Like Social Security Disability (“SSD”), but unlike workers compensation, whatever the cause, you may qualify for a disability pension if you are no longer able to work.  If you are a law enforcement officer or employee, firefighter, teacher, court personnel etc, then you might be eligible for disability retirement benefits in addition to SSD and workers compensation benefits.  The type of disability pension to which you are eligible depends on the date you joined, the job you held, and how you were injured.  New York State and City employees are classified into tiers to determine benefits.

 

Each public retirement program has its own rules concerning your length of service, how the injury occurred, burden of proof, and filing deadlines.  Most errors made by people applying for any type of disability benefits occur in the initial application process.  You do not need an attorney to begin the application process, and that could save you an attorney fee.  However, as with any disability benefit, the information you give in response to the forms the city and state require can make it difficult or impossible to win your case.

 

In general, you must apply while you are “in service,” which means that you are being paid on the payroll of the public employer or you are on an authorized medical leave of absence.  For some types of benefits, your application is timely if you file it within a certain period of time after you were last on the payroll or your employment was terminated.  You must describe all of your impairments on your application, or you may be barred from having the condition considered as part of the reason that you are unable to work

 

 


D. G.

"I contacted Jeff Delott over the internet and within 24 hours he contacted me by phone. Mr. Delott was extremely knowledgeable and upfront about what records I would need to produce to win the case. I had filed for SSD by myself and was denied twice. With his expertise he had it overturned with a fully favorable decision within a few months and I did not have to go in front of an ALJ. He was very responsive throughout my case and he did not give up! I would highly recommend Jeff Delott to anyone needing a disability lawyer. My family gives him two thumbs up on his aggressiveness and dedication to my disability case."
A. B.

“From the moment I hobbled into his office, Jeffrey was quite clear on how he would attack the inaccuracies and inconsistencies of several reports of Hartford people. I couldn’t help crying when Jeff told me my benefits were being reinstated because I was so overwhelmed with joy and shock. I never win anything. I know this could never have happened without the aggressive skills of Jeff."
B.L.

Thank you so for taking my case when nobody else would. Thank you for seeing that I had a case when no other lawyer would touch me. Only you saw that there was hope. I can't thank you enough for taking all my calls through all my doubts. You are indeed a great savior. I will recommend you to anyone who asks.
N. D.

"I could not believe how quickly my case was approved. If it were not for all your hard work and dedication I know I would not have had this quick and favorable outcome. I truly appreciate you walking me through this complicated process, and taking the time to answer all of my many questions."
A. B.

"From the moment I hobbled into his office, Jeffrey was quite clear on how he would attack the inaccuracies and inconsistencies of several reports of Hartford people. I couldn’t help crying when Jeff told me my benefits were being reinstated because I was so overwhelmed with joy and shock. I never win anything. I know this could never have happened without the aggressive skills of Jeff."
M.C.

"I was certain I made the right choice hiring Jeff Delott from the very beginning, and my certainty was consistently validated every step of the way. Jeff kept me informed, always responded personally to my concerns within 24 hours, and was a relentless warrior on my behalf. Jeff understands why you need his services, and he treats you with respect while aggressively and expertly handling your situation."