If you are a public employee who suffered an injury or illness that has ended your ability to work, disability retirement benefits may be a lifeline—but getting them is far from easy. Between strict filing deadlines, exhaustive medical requirements, and complex retirement system rules, your financial future can hang on technicalities.
At Fusco, Brandenstein & Rada, P.C., we have represented thousands of civil servants throughout New York, including police officers, firefighters, teachers, sanitation workers, and MTA employees. Whether you are applying through NYCERS, NYSTRS, or the NYS & Local Retirement System, our experienced team fights for the disability pension you have earned through years of public service.
Let us review your case and help you understand your next steps. Call 516-496-0400 or contact us online to schedule a consultation.
Understanding NY State & NYC Disability Pensions
Disability pensions help cover your income and medical care if you can’t do your job anymore because of an illness or injury. What you qualify for depends on which retirement system you are in and what kind of job you have.
The central systems include:
- NYCERS (New York City Employees’ Retirement System)
- NYS & Local Retirement System
- NYPD or FDNY Pension System
- Teacher Retirement System (TRS)
Each retirement system has its own regulations, but all require medical evidence and documentation showing that your disability is permanent and prevents you from working in your current title. The application process can be incredibly daunting for Tier 3 through Tier 6 members, who face heightened scrutiny.
Whether you are filing an Ordinary Disability Retirement (ODR) or an Accidental Disability Retirement (ADR) claim, working with a skilled NY state disability pension lawyer can make all the difference.
Accidental vs. Ordinary Disability Retirement
One of the first decisions you will need to make is whether to apply for Accidental Disability Retirement (ADR) or Ordinary Disability Retirement (ODR). The benefits differ significantly depending on the type of disability and how it occurred.
Accidental Disability Retirement (ADR)
ADR benefits usually go to workers who get hurt on the job in a sudden, unexpected way — not something that is just part of the usual risks. These benefits are often tax-free and usually pay out more than a regular pension.
To qualify, you must prove:
- The injury was the result of an accident (not a routine hazard)
- It happened while you were performing your official duties
- The injury permanently prevents you from performing your job
In many cases, proving an incident was an “accident” becomes a significant hurdle. Even seemingly straightforward events can be denied if the Retirement Board believes the risk was inherent to your job.
Ordinary Disability Retirement (ODR)
ODR comes into play when your disability is not caused by a specific qualifying accident — like if it is from something like a repetitive strain or a long-term illness. The payout’s usually lower than ADR and might get taxed.
You will still need solid medical proof and approval from the board. A disability pension lawyer can help you determine which option best suits your situation and walk you through the application process.
Navigating Retirement System Tiers
Your retirement tier significantly affects what you are eligible for and what it takes to qualify. In New York, your tier is based on your hire date, and each has its rules. The newer tiers—especially Tiers 5 and 6—tend to have stricter requirements. For example, Tier 4 members might be eligible after five years of service, while Tier 6 members need at least ten. How your benefits are calculated, how long it takes to vest, and how much you contribute depends on your tier.
These differences can seriously impact your disability pension claim. A lawyer who understands how the public retirement systems work can help you figure out how your tier affects your options and build a strategy that lines up with your specific situation.
Representing NYC Municipal Workers
We have spent decades representing workers across all five boroughs and beyond—people who put their lives and bodies on the line for New York. From the classroom to the firehouse, from sanitation to corrections, we are proud to stand up for those who have served the city and state.
Our Woodbury office serves clients from:
- NYPD and FDNY retirees
- Civil service employees
- MTA and transit authority workers
- Department of Sanitation and Corrections
- Public school teachers and administrators
- City University and Community College staff
If you are searching for a pension attorney near me, our team combines a deep knowledge of municipal retirement systems with a relentless commitment to our clients’ futures.
Preparing for Your Pension Board Hearing
Once your application is submitted, you may be scheduled for a Pension Board Hearing, especially if your case involves disputed facts or medical opinions.
This hearing can be intimidating, but it is a critical stage. Board members may question your doctors, review your work history, and scrutinize the circumstances of your injury. They may also challenge your ability to work in any capacity—not just your prior position.
Our attorneys prepare you thoroughly for this stage. We help:
- Review and supplement your medical records
- Obtain statements from treating physicians and specialists
- Reconstruct accident scenes or events
- Prepare you for direct questioning
A well-prepared presentation can prevent delays and strengthen your claim. With Fusco, Brandenstein & Rada, P.C. on your side, you do not walk into the hearing alone.
Denied Pension Claim? You Can Still Fight Back
A denied application does not have to be the end of the line. In fact, it is pretty standard for disability pension claims to get rejected the first time. That can happen for a lot of reasons—missing or weak medical documentation, the incident being labeled as “not accidental,” questions about whether the condition is permanent, or even simple administrative mistakes.
At Fusco, Brandenstein & Rada, P.C., we do not back down after a denial. We know how to push forward with internal appeals and, if needed, take it to court through an Article 78 proceeding. That lets us ask a judge to review the pension board’s decision if it seems unfair or unsupported by solid evidence. Our Woodbury attorneys know this process inside and out—from lining up expert medical opinions to questioning board reps at hearings—we are ready to fight for you.
Why Choose Fusco, Brandenstein & Rada, P.C.?
We have built our reputation by knowing the law and understanding the challenges faced by public employees. Disability pensions are not just about filing forms—they are about your health, your family, and your future. We take that seriously.
When you work with us, you get a team that knows the system inside and out. We have spent decades helping people through NYCERS, TRS, and NYS claims. We have handled thousands of appeals and hearings, worked closely with doctors to build strong medical cases, and given our clients honest advice and personal support every step of the way. Disability pension claims can drag on for months—or even years—when they are not done right. Do not leave yours to chance.
Frequently Asked Questions
Here are the answers to some of our most frequently asked questions about New York pensions.
What’s the difference between NYCERS and NYS Retirement Systems?
NYCERS covers most New York City employees, while the NYS & Local Retirement System is for employees outside city jurisdiction, like state workers or those employed by municipalities outside NYC. Each system has its own rules, applications, and timelines.
What if my accident was partly my fault—can I still qualify for ADR?
Yes. Fault does not necessarily disqualify you from Accidental Disability Retirement as long as the event qualifies as an “accident” under the retirement system’s definitions. It may still count even if you slipped on a wet floor or lost your footing.
How long does each stage of the pension process take?
The full process—from application to final approval or appeal—can take several months to over a year. Initial reviews often take 3–6 months, especially for Tier 5 and Tier 6 members. If a hearing is scheduled or you need to file an Article 78 proceeding, expect longer timelines. We will keep your case moving and closely monitor every deadline.
Can I work another job while receiving a disability pension?
It depends. Some disability pensions allow for limited post-retirement income, while others do not. The rules vary by system and tier. Always check with a lawyer before taking on other employment.
If you have questions about how your condition, job history, or tier status affects your eligibility, we are here to help. No one should have to decipher New York’s pension maze alone.
Talk to a Disability Pension Lawyer in Woodbury, NY
Disability pension claims do not just protect your paycheck—they protect your peace of mind. When your health or an on-the-job injury forces you out of work, you deserve a legal team that understands the system inside and out.
At Fusco, Brandenstein & Rada, P.C., we are proud to help New York’s public workers get the disability retirement benefits they have worked hard for. Whether you are applying for the first time or trying to challenge a denial, we are ready to step in and help. Call us at 516-496-0400 or contact us online to set up a consultation. You can also check out more about our disability work here.