Disability Pension Appeal

New Jersey Disability Pension Lawyer

Don’t Give Up! You Have a Right to Appeal Your Denied Claim for Disability Pension

Whether you are a firefighter, teacher, policeman, or other New Jersey public employee, you are covered by a pension fund. And, while no one plans on becoming disabled, it does happen.

If you have been injured on the job, or become disabled for another reason, and you have been denied the accidental disability pension you had counted on, then you know just how frightening the future can look. Maybe one of the following scenarios looks familiar:

  • You have applied for disability and were sent a denial letter.
  • Your job is being threatened.
  • Your union is not helping you.

If, for any reason, you have been denied the disability pension you have requested, you do not have to accept your situation. At Gaylord Popp we can help you exercise your legal right to an appeal of this unfair decision.

What Are Your New Jersey Disability Pension Options?

If you are a member of the Police and Firemen’s Retirement System (PFRS), Teachers’ Pension and Annuity Fund (TPAF) or the Public Employees’ Retirement System (PERS), you are a part of the New Jersey Division of Pensions and Benefits. However, each part of the system has slightly different requirements and rights.

Requirements for PFRS Disability Retirement

PFRS members are eligible for ordinary disability retirement, involuntary ordinary disability retirement, special disability retirement, and accidental disability retirement.

1. Ordinary Disability Retirement requires that you:

  • Be a member in service when you file the application; this includes those on an official leave of absence.
  • Have at least four years of service credit in New Jersey.
  • Qualify as totally and permanently disabled, which means the Board of Trustees and the Medical Review Board must review and approve your medical reports.

2. Involuntary Ordinary Disability Retirement requires that you:

  • Have more than 20 but less than 25 years of service.
  • Meet the requirements for Ordinary Disability listed above.
  • Have been required to retire and your employer submits the application.

3. Special Disability Retirement requires that you:

  • Be a member in service when you file the application.
  • Have at least five years of New Jersey service credit.
  • Receive a heart transplant.

4. Accidental Disability Retirement requires that you:

  • Be a member in service when you file the application.
  • Have suffered a traumatic event on the job that has resulted in total and permanent disability.
  • File the application within five years of the traumatic event.
  • Be examined by a physician chosen by the retirement system.
  • Meet the court’s definition of traumatic event:  One in which the worker is involuntarily exposed to a violent level of force or impact, which is not brought into motion by the worker.

Requirements for PERS and TPAF Disability Retirement

PERS and TPAF members are eligible for both ordinary and accidental disability retirement if they were enrolled on or before May 21, 2010, at Tier 1, Tier 2, or Tier 3. For those in Tiers 4 and 5, you may be eligible for disability coverage.

1. Ordinary Disability Retirement requires that you:

  • Have an active pension account.
  • Have at least 10 years of New Jersey service credit in the pension system.
  • Be considered permanently and totally disabled.
  • Be considered unable to perform your normal job duties, or those of any other position your employer could assign.

2. Accidental Disability Retirement requires that you:

  • Have an active pension account.
  • Be considered permanently and totally disabled as a “direct result of a traumatic event that occurred during and as a result of carrying out your job duties.”
  • Be an active member of either PERS or TPAF on the date of the traumatic event.
  • File an application within five years of this event.
  • Be examined by retirement system selected physicians.
  • Provide accident reports, witness reports, and all other evidence necessary to prove your claim.

Appeal Your New Jersey Disability Retirement Pension Denial

While it may seem that you are in good hands if you become disabled, this is not always true. Sometimes the system, like all insurance-based coverage, can let you down.

As New Jersey disability pension appeal attorneys, we know just how devastating a denial can be. If you have done exactly what you were required to do and have been denied, you have legal options.

Gaylord Popp can help you navigate the sometimes confusing and unfair demands of a disability pension appeal. Call us toll free today at 888-716-8086 and schedule your free, initial consultation. You have rights; let us exercise them for you.