As indicated in our post last week, deciding whether to utilize an attorney when filing for application for disability retirement benefits is an important initial consideration. Many individuals utilize the services of an attorney, while others do not. Nevertheless, many applications for disability retirement are routinely rejected by a Board of Trustees of a pension system for a myriad of reasons, irrespective of whether an attorney is utilized or not. Additionally, an application may be “partially denied,” wherein an individual seeking accidental retirement benefits may be approved for ordinary disability retirement benefits, but denied the accidental disability retirement benefits.

When an application for ordinary or accidental disability retirement is rejected, a member is notified of the rejection by a letter from the respective pension system. Within the body of the letter, it will often be specified as to the exact reason why the application was denied, whether it be for a procedural or substantive reason. After an application for disability retirement benefits is denied or partially denied, many individuals have the same question, now what?

Once an application is denied, a member has the right to file an appeal. Specifically, the member must notify the Board of Trustees in writing that they desire to appeal the decision, the reasons why they believe the Board’s decision was flawed, and requesting the matter be transferred to the Office of Administrative Law as a contested case. When you want to challenge the Board’s determination to deny or partially deny your application for disability retirement benefits, it is imperative to retain counsel at this stage.

When the matter is transferred to the Office of Administrative Law, the matter will proceed as a “court case” so to speak. There will be a judge, opposing counsel, and discovery/records exchanged. Eventually, a hearing will held where testimony is offered, usually by you [the member] and expert witnesses. Thereafter, written Closing Arguments will be filed for the Judge’s consideration. As you can expect, a qualified attorney can assist you with all these tasks and ensure your appeal is presented in the best way possible to maximize your chances at a positive result.

Therefore, the answer to the question “now what” is relatively simple. That is, the member needs to consult with competent counsel to: (1) determine if they have a viable appeal; and (2) seek their assistance in the appeal going forward. As illustrated above, the appeal process can be very complex and often involves highly intricate legal and medical issues. The process should not be taken lightly as receiving the requisite retirement and medical benefits is often critical to a member’s economic stability.