Friday, January 29, 2016

PERA Police and Fire Plan Benefits: Don’t Apply for the Wrong Type of Benefit!

Meuser Law Office, P.A. has proudly and successfully represented hundreds of police officers and firefighters throughout the state of Minnesota for PERA disability and workers’ compensation claims for in-the-line-of-duty injuries.

Coordinating all the different types of benefits available to injured police officers and firefighters is complicated. It’s easy to make mistakes, and those mistakes can cost hundreds of thousands of dollars. One of the most common mistakes we see is when an individual applies for the wrong type of PERA Police and Fire Plan Benefit.

In addition to retirement benefits, Minnesota police officers and firefighters who are disabled from performing their regular duties may be eligible for a variety of different types of disability benefits, including:
  1. regular disability
  2. duty disability
  3. permanent and total regular disability
  4. permanent and total duty disability. 
Duty Disability benefits are available for police officer and firefighters who have sustained an injury or illness that is expected to prevent the member from performing his or her normal duties for a period of at least one year, and whose injury or illness incurred during, or arose out of, the performance of inherently dangerous duties specific to police officers or firefighters. Duty Disability benefits are payable at a base rate of 60% of the police officer or firefighter’s high-five salary. These benefits are non-taxable for five years or through age 55, whichever is longer, and an award of PERA Duty Disability benefits also entitles a police officer or firefighter to Continuation of Health Insurance Benefits in accordance with Minn. Stat. § 299A.465.

Alternatively, regular disability benefits are available to police officers and firefighters who suffer from a physical or psychological condition expected to prevent the individual from performing his or her normal duties for at least a year, which does not result from an injury or illness sustained during the performance of inherently dangerous duties. Regular disability benefits are payable at a base rate of 45% of the high-five, and they are taxable.

Total and Permanent Duty and Regular Disability Benefits are available to members of the Police and Fire Plan who meet the criteria for duty or regular disability benefits, and who also demonstrate that they are expected to be disabled from performing any substantial gainful employment for a period of at least one year. Total and Permanent Disability Benefits – are payable at the same rate as duty and regular disability benefits. However, Total and Permanent Duty Disability benefits are non-taxable for life; and both Total and Permanent Duty and Regular Disability benefits provide for a no-cost automatic survivor option.

Applying for the wrong benefit can cost you hundreds of thousands of dollars. One of the biggest mistakes injured police officers and firefighters make is applying for retirement benefits when they may be eligible for Duty Disability benefits. Over the years, we’ve consulted with several individuals who took an early retirement, when, based on the circumstances of their illness or injury, it’s clear that they would have met the requirements for a Duty Disability. That mistake cost those retirees thousands of dollars in tax advantages, as well as employer-paid health insurance coverage, and unfortunately, if an individual has already retired – we can’t undo it. Talk to us first before you take a retirement benefit!

We’ve also seen people that have applied for Total and Permanent Disability Benefits when they should have applied for the non-Total and Permanent benefit. While the Total and Permanent Disability Benefits may seem like a better deal – most people cannot meet the higher burden of proving that they are incapable of any substantial gainful employment, meaning that many people are denied when they try to apply for this benefit.

In addition, if you are trying to prove that you cannot work in any capacity to meet the Total and Permanent Requirements, you may very well be decreasing the value of your workers’ compensation case. It seems counterintuitive, but due to the complex coordination rules between PERA disability benefits, and workers’ compensation, it can actually substantially decrease the overall value of all of your claims to argue that you’re incapable of working in any capacity.

To make things even more complicated, there was an important Minnesota Supreme Court case that came down about two years ago that changed some rules about coordination of workers’ compensation with PERA retirement benefits. Under this law, there are some cases – under very particular situations – where it is actually financially more beneficial to forego a disability benefit and to take a retirement benefit – even if it’s with an early retirement penalty.

Meuser Law Office, P.A. is the only law firm in the state with extensive experience handling workers’ compensation and PERA disability claims on behalf of police officers and firefighters. Due to the complicated coordination rules between PERA disability benefits and workers’ compensation benefits, it’s easy to make a mistake and accidentally cost yourself thousands and thousands of dollars. Talk to us before you apply to make sure you are applying for the benefit that will give you the best possible outcome!

The PERA lawyers at Meuser Law Office, P.A., handle PERA Police and Fire Plan disability claims at all stages of the process - from the beginning of the application phase all the way to the Minnesota Court of Appeals. We strongly encourage any Minnesota police officer, firefighter, or corrections officer who is considering applying for PERA duty disability benefits to meet with us a for a consultation before beginning the application process. Experienced legal representation can help save you time and money in getting approved for the benefits you’re entitled to.

If you have a Minnesota Police and Fire Plan or Corrections Plan PERA Duty Disability claim, Contact us today for a free, no-obligation consultation by calling 1-877-746-5680. Our knowledgeable attorneys will help you understand the often confusing PERA Duty Disability benefit law and ensure you receive the full benefits you are entitled to.

Jennifer Yackleyby Jen Yackley
More posts by Jen

Thursday, January 28, 2016

Award of PERA Coordinated Plan Disability Benefits Secured After Appeal

Meuser Law Office, P.A. just received notice that PERA had reversed its initial denial and awarded Coordinated Plan Disability Benefits to one of our clients following an appeal of the denial. In addition to representing Minnesota police officers, firefighters, and corrections officers in the context of PERA Duty Disability claims, we also occasionally handle cases involving claims for disability benefits under the PERA General or Coordinated Plans. This individual developed severe ankle problems, which had resulted in several surgeries, including a fusion surgery. As a result, he had chronic pain, and difficulty with walking and standing. He initially submitted an application for PERA Coordinated Plan Disability Benefits on his own. He was denied benefits based on insufficient evidence to support that he was permanently and totally disabled from all substantial gainful employment. This individual filed an appeal on his own, and contacted us shortly before his case was to be heard by an Administrative Law Judge at a Fact-Finding Hearing. We were able to get the hearing postponed, which allowed us time to have him seen by an independent orthopedic expert, who concluded that he was indeed permanently totally disabled as a result of his condition. Based on this additional evidence, PERA reversed its initial denial, and awarded this gentleman disability benefits.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

Tuesday, January 26, 2016

Workers’ Compensation Settlement Secured for St. Paul Firefighter Injured in the Line of Duty

Meuser Law Office, P.A. recently secured a substantial workers’ compensation settlement of $100,000 on behalf of a St. Paul Firefighter who sustained several low back injuries during the course of his career as a firefighter, which ultimately led to his disablement. Notably, the City of St. Paul initially refused to pay wage loss benefits to this firefighter, despite acknowledging that he could not return to full duty firefighting work. Meuser Law Office also secured PERA Duty Disability benefits and Continuation of Health Insurance benefits under Minn. Stat. § 299A.465 on behalf of this firefighter.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

Monday, January 25, 2016

Continuation of Health Insurance Benefits Awarded to Injured Minneapolis Firefighter

Meuser Law Office, P.A. recently secured approval for Continuation of Health Insurance Benefits in accordance with Minn. Stat. § 299A.465 on behalf of a Minneapolis Firefighter who sustained a number of ankle injuries over the course of his career, the earliest of which dated back over 20 years, and which occurred when he stumbled while running through the fire hall to prepare to get on the rig to respond to a fire alarm. His ankle condition worsened to the point that he could no longer perform the duties of a firefighter. Because this individual was over the age of 55 and had over 20 years of service, he was ineligible for PERA Police and Fire Plan Duty Disability benefits; however, because his injury still met the Duty Disability criteria, he was determined to be eligible for Continuation of Health Insurance Benefits under Minn. Stat. § 299A.465.

Friday, January 22, 2016

Continuation of Health Insurance Benefits Awarded to Injured Minneapolis Firefighter

Meuser Law Office, P.A. recently secured approval for Continuation of Health Insurance benefits under Minn. Stat. § 299A.465 on behalf of a Minneapolis Firefighter who sustained several shoulder and knee injuries throughout her 25 year career as a firefighter. The City of Minneapolis ultimately terminated her based on her inability to perform the full duties of a firefighter due to her injuries. Because she was over the age of 55 and had in excess of 20 years of service, this firefighter was ineligible for PERA Duty Disability benefits. However, because her injuries otherwise met the PERA Duty Disability criteria, she was deemed eligible for Continuation of Health Insurance benefits in accordance with Minn. Stat. § 299A.465. Meuser Law Office also recently secured a substantial workers’ compensation settlement of $120,000 on behalf of this Minneapolis firefighter.

Wednesday, January 20, 2016

PERA Duty Disability Benefits Awarded to Injured Hennepin County Medical Center Paramedic

Meuser Law Office, P.A. recently secured an award of PERA Police and Fire Plan Duty Disability benefits on behalf of a Hennepin County Medical Center (HCMC) paramedic. HCMC paramedics are covered by the PERA Police and Fire Plan, and are eligible for pension benefits – including Duty Disability benefits – just like police officers and firefighters. This paramedic sustained a back injury while evacuating “patients” during the course of an active shooter drill. Her case was complicated by a significant non-work-related medical condition. Meuser Law Office also secured a substantial workers’ compensation settlement of $62,500 on behalf of this Hennepin County Medical Center paramedic.

Tuesday, January 19, 2016

Workers’ Compensation Settlement Secured for St. Paul Firefighter Injured in the Line of Duty

Meuser Law Office, P.A. recently secured a workers’ compensation settlement of $48,000.00 on behalf of a St. Paul Firefighter who sustained a significant respiratory injury while in the line of duty. As a result of his limitations, he could not return to full duty work as a firefighter. Note that the City of St. Paul initially refused to pay any wage loss benefits to this firefighter after he was unable to return to full duty. Meuser Law Office also secured PERA Duty Disability benefits and Continuation of Health Insurance benefits under Minn. Stat. § 299A.465 on behalf of this firefighter.

Friday, January 8, 2016

PERA Police and Fire Plan Duty Disability Benefits Secured for Disabled City of Lakeville Police Officer

Meuser Law Office, P.A. recently secured approval for PERA Police and Fire Plan in the line of Duty Disability benefits and Continuation of Health Insurance benefits under Minn. Stat. § 299A.465 on behalf of a city of Lakeville police officer who developed debilitating post-traumatic stress disorder as the result of years of traumatic exposures during the course of his career as a police officer.

Tuesday, January 5, 2016

Continuation of Health Insurance Benefits Awarded to Injured Minneapolis Firefighter

Meuser Law Office, P.A. secured approval for Continuation of Health Insurance Benefits in accordance with Minn. Stat. § 299A.465 on behalf of a Minneapolis Firefighter who sustained a career-ending elbow injury when he slipped and fell at the scene of a fire. Notably, this firefighter was over the age of 55, and had in excess of 20 years of service, and as such, was ineligible for PERA Police and Fire Plan Duty Disability benefits. Minnesota police officers and firefighters may be eligible for Continuation of Health Insurance benefits under Minn. Stat. § 299A.465 even if they are over the age and service limitations for PERA Duty Disability benefits.