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  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
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Understanding Civil Service Disability Pensions

Pension & Disability Insurance

Most people who have worked for a state or local government expect to retire with a regular pension, but they may be surprised to learn that some employees can receive both a pension and disability insurance. This combination is known as “double-dipping” because the beneficiary receives income from two public retirement funds simultaneously.

Most states offer this benefit through their civil service systems, which are designed to reward those who have given long and faithful service. The name of this benefit is a bit misleading because some employees use it as an early retirement program instead of a disability program.

About 50 percent of the states offer a civil service disability plan that allows employees to receive a pension while they are on long-term medical leave. Generally, employees must be unable to perform any job in the state; however, some states exclude certain jobs such as police officers and firefighters because of the physical demands of their positions.

Employees typically receive 65 to 70 percent of their annual salary while on disability leave. They also may qualify for health insurance and vacation time pay while receiving a pension.

The average state disability benefit is now about $30,000 per year, but some employees receive as much as $50,000 because they are retiring with full salary and health insurance benefits. Some states have caps on the total amount of disability income that an individual can collect. For example, the maximum combined pension and disability payment in New York is $60,000 per year for a maximum of 12 years.

In some cases, the employee’s contributions to the retirement system are not refunded until they reach a certain age or have been off disability leave for a certain number of years. Although this benefit may be attractive initially, it can lead to serious financial problems in the future if the pension is not properly funded.

There are significant costs associated with establishing and maintaining a civil service disability system, but the benefits to the employees and employers outweigh the expense because it reduces unemployment and state or local government spending on public assistance programs such as Medicaid.

Additionally, if an employee were found to be ineligible for this benefit, he could file a grievance with his union. Therefore, if a claim is denied, it’s likely that a formal appeal will be filed on the employee’s behalf.

The states that offer this benefit typically pay for it through their defined-benefit plans. Although most public plans are severely underfunded and depend upon investment returns to meet future obligations, employees who receive disability benefits under these plans can be protected from major pension reductions.

The Social Security disability program is the only federal worker disability plan because state and local employees do not participate in Federal Employees’ Compensation Act (FECA) or Longshore and Harbor Workers’ Compensation (LHWCA) benefits that disabled federal workers receive.

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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Port Jefferson Station, NY
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