Disability Pension

Disability Pension

Have you or a family member suffered a debilitating injury while working a public sector job? Has your injury made it impossible for you to continue working? If so, you may have the right to a disability pension. It is important to understand your rights. Competent representation is key. The skilled attorneys at Malamut & Associates can help you.

At Malamut & Associates, we know that making a disability claim can be an unfamiliar and confusing experience. Our attorneys are intimately familiar with the procedures and guidelines of disability pensions. We have extensive experience gaining successful outcomes for our clients. You need an advocate that has your best interests at the forefront. We believe in quality affordable representation for all. We ensure that our clients are kept updated regularly all aspects of their case. Our clients are involved in all of the decisions regarding their cases. Nothing is done without the express consent and cooperation from our clients. No one can guide you through this process better than Malamut & Associates. Contact Malamut & Associates today for a free consultation.

• Ordinary Disability Retirement (ODR)
• Accidental Disability Retirement (ADR)
• There are some exceptions where particular workforces are in different systems. Refer to your attorney or employer to see where you fit.

• You separated from employment as a result of the disabling condition.
• You have an active pension account.
• You have 10 or more years of New Jersey service credit in the pension system.
• You are considered permanently and totally disabled at the time you separate from service.
• You must be able to provide any and all medical reports or corroborating evidence that supports your disability. The documentation must be received within six months of the date of filing the disability application.

If you qualify for an Ordinary Disability retirement, the annual benefit is equal to 43.6% of your Final Average Salary (FAS). “Final Average Salary” means your average salary for the 36 months (or 30 months for members paid on a 10-month basis) immediately preceding your retirement on which pension contributions were taken.

• Time and place of accident must be known and identifiable.
• The accident was undesigned and unexpected.
• The disability is not the result of a pre-existing condition.
• The accident must occur during the member’s regular and assigned duties and not as the result of willful negligence.
• The accident results in mental or physical incapacity from performing the usual job duties.
• If you qualify for an Accidental Disability retirement, the annual benefit is equal to 72.7% of your base salary at the time of the traumatic event.

The New Jersey Public Employee Pension System is complex. The rules and regulations are a sea of rules, conditions, and, terms. It can be intimidating. One small error can lead to a denial. Often, disability pension benefits are unjustly denied, other times, they are approved but the benefits awarded are too low or not in line with the injury suffered. If this has happened to you, the attorneys at Malamut & Associates can help. We can help guide you through appeal process. We will work with you in order to attain a more favorable result. No one can guide you through the appeal process better than Malamut & Associates.