After the WTC, the NYS Pension Board was granting lung disability pensions to FDNY members based solely on the FD doctor's diagnosis and the results of a Methacholine test. Recently they have started denying disability pensions to members meeting the same criteria as the literally hundreds already granted, stating that just because you failed this test doesn't mean you're disabled. If I am diagnosed by the FD and a private physician as having contracted a disease (RADS & Asthma) that results in my inability to further function as a firefighter, and have the documentation to back it up, how can the 1B board doctors rule that I'm not disabled? Especially after already granting the disability to previous members.
Confused!!!
LConnell
11-16-2004, 08:06 PM
It sounds like they have changed their definition of what constitutes a disability. Employers have the right to do so, as long as they are not discriminating against a person or group of persons for a discriminatory reason, such as age, national origin, pregnancy, race, religion, gender and even disability status. Now, the last category may be confusing...because isn't that what this issue is about...disability? However, I am referring to treating persons of one disability different than someone of another form of disability. In your case, the differentiation is not on the basis of disability and, I assume, the other potential statuses, but because they have changed their defintion. However, pension law can be very complicated, governed by major laws such as ERISA. My suggestion for you is the following:
1) Exercise your appeal rights...which should be spelled out in the pension policy. There is usually a tight deadline for appeals so be very careful to meet the deadlines.
2) You should contact a local attorney specializing in plaintiff's benefit rights, asking for their assistance through this process.
3) You can read more about pension law at: http://www.dol.gov/dol/topic/retirement/consumerinfpension.htm. However, be prepared for a lot of sleep....pension law can be rather dull.
Let me know if you have additional questions.
