When should I file a Disability Retirement application?

The Retirement and Social Security Law has various filing deadlines for disability retirement depending on the pension Tier the member has been assigned. Tiers are determined based on one’s original membership date with NYCERS. Although the law sets guidelines on the latest date a member can apply for a disability pension, the basic rule of thumb is that an injured worker should apply for a disability pension as soon as they and their physician determine that they are no longer able to return to their prior work, but not later than 6 months after an injured worker has been absent from work on an approved medical leave. Remember, the law allows your employer to medically separate you after one year of absence. Therefore, in order to avoid medical separation, and possible interruption of medical insurance coverage and other benefits, it is in a worker’s best interest to file as early as possible.