Police Disability Claim Attorney

Our New York City disability attorneys at Seelig Law Offices are dedicated to fighting for the rights of New York Police Department (NYPD) uniform members. As the former president of a law enforcement union and co-chair of the New York City Uniformed Forces Coalition, senior partner Philip Seelig knows that members of the police department are out on the street risking their lives to protect this great city and the people in it. If you were injured while on duty as a member of the NYPD and are now facing disability, you deserve to have someone in your corner fighting for the benefits you deserve.

Right to File for Disability

If they are injured on the job, they are entitled to file for a disability pension. The New York City Administrative Code provides that Article II police officers who are physically or mentally incapacitated from employment, as a result of an injury sustained in the line of duty, may be entitled to disability pension. This is a lifetime benefit that is calculated by taking seventy-five percent of the officer’s final average salary. Recently hired officers have similar but less lucrative coverage.

Article II police officers are also covered under the Heart and Stroke Bills which create presumptions that disabling heart conditions and strokes are the result of the stresses of employment as a law enforcement officer. Police involved in the work at certain locations for a period of time after September 11, 2001, and who suffer from qualifying conditions are also covered under the World Trade Center Bill. All of these Bills provide a special pension benefit to police officers.

If you are a police officer who has suffered a disabling injury or illness that prevents you from working, you may be entitled to disability benefits, such as:

• Line-of-Duty Disability Benefits: Line-of-duty disability benefits are available to police officers who suffer injuries or disabilities directly resulting from the performance of their official duties. These benefits typically provide financial support and medical coverage for officers unable to work due to duty-related injuries.
• Accidental Disability Retirement Benefits: Accidental disability retirement benefits are available to police officers who suffer permanent disabilities as a result of unexpected and unforeseen accidents that occur while performing their duties. These benefits provide financial security for officers who can no longer work due to disabling injuries sustained in the line of duty.
• Ordinary Disability Retirement Benefits: Ordinary disability retirement benefits are available to police officers who become permanently disabled due to non-duty-related injuries or illnesses. These benefits offer financial assistance to officers unable to perform their duties due to disabling conditions, regardless of whether the disability is work-related.

Qualifying for Disability Benefits as an Injured Officer

In order to qualify for disability benefits as an injured police officer, several criteria must typically be met. These qualifications may vary depending on the specific disability benefits program and the regulations governing it. However, some common qualifications include:

Medical Evidence

You must provide medical evidence documenting the nature and extent of your injury or disability. This evidence typically includes medical records, diagnostic tests, treatment history, and evaluations from healthcare professionals.

Inability to Perform Duties

You must demonstrate that your injury or disability prevents you from performing the essential functions of your job as a police officer. This may involve providing detailed information about the duties and responsibilities of your position and how your injury or disability affects your ability to perform them.

Duration of Disability

Many disability benefits programs require that your injury or disability be expected to last for a certain duration, typically a minimum period of time specified in the program’s regulations. This ensures that benefits are provided to individuals with long-term or permanent disabilities.

Duty-Related Injury

Some disability benefits programs may require that your injury or disability be directly related to the performance of your duties as a police officer. This means that the injury must have occurred while you were engaged in official police activities or as a result of your job-related duties.

Application Process

You must follow the application process outlined by the disability benefits program, which may include completing specific forms, providing supporting documentation, and adhering to deadlines. Working with an experienced police disability claim attorney can help ensure that your application is complete and accurate.

Legal Representation

Consider seeking legal representation from a knowledgeable police disability claim attorney who can guide you through the application process, advocate for your rights, and help you navigate any challenges that may arise. An attorney can also ensure that you understand your rights and options under the disability benefits program.

Not all work-related injuries qualify, therefore it is important to consult with an attorney to determine if you have a claim and, if so, to pursue one. Our attorneys at Seelig Law Offices can assist you in evaluating your injury and filing all of the necessary paperwork. We offer a free consultation and typically do not charge a legal fee unless you receive a three-quarters disability pension. Contact the New York City disability law attorneys at Seelig Law Offices by calling 212-766-0600 or filling out our online contact form.

What If My Disability Claim Was Denied?

If your disability claim as a police officer was denied, it can be a frustrating and disheartening experience. However, it is important to remember that denial does not necessarily mean the end of your pursuit for benefits. There are steps you can take to appeal the decision and potentially overturn the denial.

Appeal Process

The first step after a denial is to understand the reasons for the denial and gather any additional evidence or information that may strengthen your claim. You can then file an appeal with the disability benefits program, providing any new documentation or arguments that support your case.

Legal Representation

Consider seeking legal representation from a skilled police disability claim attorney to assist you with the appeals process. An attorney can review your case, identify any errors or weaknesses in the initial decision, and help you present a strong case on appeal. With their knowledge of disability law and experience with police disability claims, an attorney can guide you through the appeals process and increase your chances of a successful outcome.

Contact Seelig Law Offices

If your police disability claim has been denied, don’t give up hope. Contact the New York City disability law attorneys at Seelig Law Offices for assistance with appealing the decision. Our experienced attorneys can review your case, identify any potential issues with the initial decision, and help you navigate the appeals process. We offer a free consultation to discuss your case and determine the best course of action moving forward.

Experienced Disability Claim Lawyer Near You

When searching for a disability claim lawyer to assist with your police disability claim, it is important to find someone who has experience in handling similar cases. With over 50 years of combined experience, Seelig Law Offices is the New York legal team you’ll want to turn to. Navigating the disability benefits application process can be complex and overwhelming, especially when dealing with the aftermath of an injury. With our firm, we’ll make it easy for you. Reach out to discuss your claim.

Police Disability Claim Attorney FAQs

What types of injuries or disabilities may qualify for police disability benefits?

Injuries or disabilities that result from job-related duties, such as physical injuries, mental health conditions, chronic illnesses, and occupational diseases, may qualify for police disability benefits. Examples include back injuries, post-traumatic stress disorder (PTSD), and heart conditions.

How long does it take to receive police disability benefits?

The timeline for receiving police disability benefits can vary depending on factors such as the complexity of your case, the disability benefits program’s processing times, and any appeals or challenges to your claim. Working with an attorney can help expedite the process and ensure that your claim is handled efficiently.

Can I apply for police disability benefits if my injury occurred off-duty?

In some cases, injuries sustained off-duty may still qualify for police disability benefits, especially if they are directly related to your duties as a police officer or if they exacerbate a pre-existing job-related condition. It’s important to consult with an attorney to evaluate your eligibility based on the specific circumstances of your injury.

What happens if my police disability claim is denied?

If your police disability claim is denied, you have the right to appeal the decision. This typically involves submitting additional evidence, attending hearings, and presenting your case before an administrative law judge. An attorney can assist you throughout the appeals process and advocate for your rights.

Can I receive workers’ compensation and police disability benefits simultaneously?

Yes, it is possible to receive workers’ compensation benefits and police disability benefits simultaneously, depending on the circumstances of your injury and the eligibility requirements of each program. However, the amount of benefits you receive may be offset to prevent double recovery. An attorney can help you understand how these benefits interact and maximize your compensation.

Will I lose my job if I file for police disability benefits?

Filing for police disability benefits should not result in automatic termination from your job. However, if you are unable to perform the essential functions of your position due to your injury or disability, your employer may reassign you to a different role or place you on medical leave. An attorney can advise you on your rights and protections under state and federal laws.

Can I apply for police disability benefits if I am already receiving retirement benefits?

Yes, you may still be eligible to apply for police disability benefits even if you are already receiving retirement benefits. However, the process and requirements for disability benefits may differ from those for retirement benefits. An attorney can help you navigate the complexities of the application process and ensure that you receive the benefits you are entitled to.

Is it necessary to hire an attorney for my police disability claim?

While it is not required to hire an attorney for your police disability claim, having legal representation can significantly improve your chances of success. An experienced attorney can guide you through the application process, gather evidence to support your claim, advocate for your rights, and handle any appeals or challenges that may arise.

Can I file a lawsuit against my employer for denying my police disability claim?

In some cases, you may have legal grounds to file a lawsuit against your employer for wrongfully denying your police disability claim, particularly if the denial was based on discriminatory or retaliatory reasons. An attorney can assess the circumstances of your case and advise you on the appropriate legal options available to pursue justice.