There are three basic issues to be mindful of when challenging the denial of an application for disability benefits submitted by a member of the New York State and Local Retirement System [NYSLRS].1. The applicant seeking disability retirement benefits bears the burden of demonstrating that he or she is permanently incapacitated from performing his or her job duties;2. The State Comptroller is vested with the "exclusive authority" to determine an application for NYSERS disability retirement benefits; and 3. The Comptroller's decision will be sustained by the court if supported by substantial evidence.The genesis of a CPLR Article 78 action was the Comptroller's denial of a New York State and Local Retirement System [NYSLRS] member's [Member] application for disability retirement benefits following the review of the findings and recommendation of a hearing officer made after a hearing pursuant to §74 of the Retirement and Social Security Law…
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