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Industrial Disability Retirement Appeals and Litigation

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Goyette & Associates offers complete solutions for individuals who seek an Industrial Disability Retirement (IDR) due to work injuries which render them substantially incapacitated from performing the usual duties of his or her position, from support with applications to IDR appeals and/or litigation.

Whether you were injured in a pursuit or on a specific call for service, or if you have a lower back injury or heart condition that developed over time, our experienced disability retirement attorneys at Goyette & Associates can help you.

Goyette & Associates represents police officers, firefighters, deputy sheriffs, and all public sector employees contracted for disability retirement under the California Public Employee’s Retirement System (CalPERS) and the County Employee’s Retirement Law.

G&A can help you navigate any and all of the following

Disability Retirement

If you have been employed for at least 5 years, have a disability that keeps you from performing your essential job functions and that disability is NOT caused by a work injury, then you might be eligible for Disability Retirement (DR). Disability retirement is taxable.

Service Retirement

Assuming you have reached the minimum age for your position, and you have the required number of years of service (normally five years), you may apply for Service Retirement.

Service Retirement Pending IDR

CalPERS has an option to those who are applying for IDR and who are separately eligible for Service Retirement. G&A can help you navigate the pros and cons of applying for Service Retirement Pending IDR given your individual situation.

Local Agency Safety Members

For local agency safety members—generally city police officers and firefighters—an industrial disability retirement pension certified to CalPERS by the employer is a benefit that must be negotiated or litigated in addition to the workers’ compensation injury claim.

County Employees

County employees, such as deputy sheriffs and personnel covered for a service-connected disability retirement pension, an application must be submitted to the county retirement board and litigated if denied.

Qualified Medical Examination (QME)

If you have already filed a workers compensation claim and completed a Qualified Medical Examination (QME), let one of our experienced disability retirement attorneys at Goyette & Associates review your QME Report and provide you with a complimentary evaluation of your case, and an analysis regarding your rights for an Industrial Disability Retirement.

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In many cases, a properly prepared retirement application and evidence package can result in certification of the pension benefit at the administrative level, thus avoiding prolonged litigation and expenses. However, a retirement application may be denied by the employer for other reasons, including personnel actions and political pressures.

Goyette & Associates has the experience and knowledge to resolve or litigate these cases through all stages of the process (application, administrative hearing and appeal) to reverse or avoid a denial and recover the pension benefit.

If you recently sustained an injury and believe you will eventually be substantially incapacitated from performing the usual duties of your position, speak to one of our experienced disability retirement attorneys at Goyette & Associates for a complimentary evaluation of the requirements to qualify for an Industrial Disability Retirement. We can help you obtain the benefits you are entitled to.

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Questions? Give G&A a call for your free consultation and/or estate planning review.

Resources

California Courts Not Sympathetic To Employee Claims on PEPRA Pension Issues

By: Paul Goyette A recent string of California Superior Court and Court of Appeals Decisions indicate a clear trend to decline various employee and employer organization challenges to PEPRA. PEPRA is a form of pension reform law that was passed in 2012 and became effective January 1, 2013. PEPRA made several changes to the California public sector pension systems....

Voided Appointment Overturned for California State Employee

Attorney Brett Sherman of Goyette & Associates successfully represented a State of California Employee in the overturning of a voided appointment. Employee X* was promoted to a Staff Services Manager I (SSM) position within the California Department of Corrections and Rehabilitation in 2007. Employee X worked in that capacity until 2013, at which time Employee X...

2017: A Year in Review

by: Nicole Valentine It would be an understatement to say that 2017 was one of the most rewarding years in my practice as a criminal, labor, and licensing attorney. Below are some of the most notable results I achieved for my clients in each of these areas: One of the most important highlights of this year was when I won a client a full dismissal of all counts of an...

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