New York, NY
Social Security & Disability Lawyer at New York, NY
Practice Areas: Social Security, Administrative Law ... +4 more
OUTCOME: Faverable To Client
The Court decided in favor of our client, a disabled police officer, holding that the Police Pension Fund failed to consider evidence of stroke or the presumption of causality provided by the 207k Str ... oke Bill which links strokes to the stress of police work.
OUTCOME: Favorable to Client
The NY County Supreme Court ruled in favor of our client, a New York City Police Officer seeking a three quarter disability retirement based upon a World Trade Center disability. The Court's decision i ... s based primarily on a finding, adopting our argument, that the Police Pension Fund's Medical Board ignored evidence of a long standing WTC condition in favor of a legally insufficient argument which attempted to place the cause of disability on other factors. The Police Pension Fund was also deemed to have failed to provide the officer with the legal presumption of causality provided by the WTC bill, Administrative Code 13-252.1.
OUTCOME: favorable
On behalf of the NYPD Captains Endowment Association ("CEA") President, Roy Richter and NYPD Police Surgeon Lea Dann, M.D., we successfully challenged a Police Pension Fund decision which refused to re ... cognize the longstanding right of Police Surgeons to protection under the Heart Bill. The Court adopted our argument, citing well established legal and administrative precedent and the clear intent of the legislature, finding Police Surgeons entitled to Heart Bill benefits as a matter of law. The Court specifically noted that the denial by the NYPD Police Pension Fund was both “arbitrary and capricious.” Rather than remand the matter back to the Board of Trustees, the Court specifically directed that Police Surgeon Dann be retired with Accident Disability Retirement. This decision shall protect future NYPD surgeons and other police supervisors from future attempts to deny them the protections under the Heart Bill. Congratulations to CEA President Richter and to Dr. Dann.
OUTCOME: Favorable to Client
The Court ruled in our favor on behalf of a police officer injured in the line of duty. In deciding the case, the Court found the Injury was both the causal factor of the officer's disability and an a ... ccident in accordance with the legal doctrine set forth in Lichtenstein and its progeny of cases.
OUTCOME: 2012 NY Slip Op 30510(U)
The NY County Supreme Court decided in favor of our client, a police officer seeking a three quarter disability retirement. The decision is an affirmation of a body of law stemming from the NYS Court o ... f Appeals decision in Tobin v. Steisel which holds that a subsequent accident which causes an aggravation or exacerbation of a pre-existing injury or latent condition is the cause of disability. This decision confirms the principles in Tobin v. Steisel that the Courts can, and will, make judicial determinations requiring that the Police Pension Fund consider disability entitlement in cases where police officers (and other civil servants) suffer injuries which exacerbate or aggravate their conditions.
OUTCOME: faverable to client
A state Court of Appeals ruling that preserves the disability pension of an ex-cop who was ruled healthy but can’t go back to the Police Department because he tested positive for cocaine is a victory ... for the independence of the pension system, said the former officer’s attorney: http://thechiefleader.com/news/news_of_the_week/article_39879ef2-74cf-11e0-99f5-0019bb30f31a.html
OUTCOME: Faverable to Client
On behalf of the NYPD Captains Endowment Association ("CEA") President, Roy Richter and NYPD Police Surgeon Lea Dann, M.D., we successfully challenged a Police Pension Fund decision which refused to re ... cognize the longstanding right of Police Surgeons to protection under the Heart Bill. The Court adopted our argument, citing well established legal and administrative precedent and the clear intent of the legislature, finding Police Surgeons entitled to Heart Bill benefits as a matter of law. The Court specifically noted that the denial by the NYPD Police Pension Fund was both “arbitrary and capricious.” Rather than remand the matter back to the Board of Trustees, the Court specifically directed that Police Surgeon Dann be retired with Accident Disability Retirement. This decision shall protect future NYPD surgeons and other police supervisors from future attempts to deny them the protections under the Heart Bill. Congratulations to CEA President Richter and to Dr. Dann.
OUTCOME: Faverable to Client
The NY County Supreme Court decided in favor of our client, a New York City Police Officer seeking a three quarter disability retirement based upon a World Trade Center disability. The Court’s decision ... is based primarily on a finding, adopting our argument, that the Police Pension Fund's Medical Board failed to provide the officer with the legal presumption of causality provided by the WTC bill, Administrative Code 13-252.1. The Court also agreed that the Medical Board failed to consider evidence supporting causality between the Police Officer’s WTC exposures and their acknowledged disability. The City has not appealed this judicial decision and thus, it will stand as final and a victory to the police officer and other first responders disabled as the result of their exposures during the World Trade Center rescue and recovery operation.
OUTCOME: Faverable to Client
On behalf of the NYPD Captains Endowment Association ("CEA") President, Roy Richter, we successfully challenged a Police Pension Fund Board decision which refused to allow a vote on a resolution Presid ... ent Richter brought before the Board of Trustees on behalf of two CEA members. The Court, deciding in our favor, held the Board “has no authority to refuse to vote on a resolution, whether that resolution pertains to an individual case or to the interpretation of a statute generally.” Most significantly, the Judge held that it is the purview of the Board and not the City Law Department to interpret statutes. The Judge specifically noted that “every time the Board votes on an individual determination it is implicitly interpreting statute." The City has withdrawn its appeal of this judicial decision and thus, it will stand as final and a Victory to CEA President Roy Richter, his police members and to the Boardmembers of the Police Pension Fund. This case was featured in the September 2011, CEA Newsletter (see page 5).
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