Challenging the denial of an application for New York State and Local Retirement System disability retirement benefits

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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