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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116716
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I'm a retired MTA employee, disability retirement. after the

Customer Question

I'm a retired MTA employee, disability retirement. after the first year NYCERS wants to see if I'm still disabled. They said I wasn't,and want me back at work. I've been diagnosed with PTSD, I also have blood clots ( DVT ). I'm getting ready to have my knee replaced. I have all Dr. notes from the last 4 years. My name is********@******.*** is my email.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Have you consulted a lawyer yet?
Customer: no not yet, but want to see my options.
JA: Is there anything else the Lawyer should be aware of?
Customer: I don't think so, I have all paper work from 2012. My psychiatrist, orthopedic surgeon and cardiologist, say I'm not able to operate a bus.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have a right to appeal their decision through medical reports and file an appeal to NYCERS and then to the court to fight their determination that you can return to work. You need to start by gathering up your reports, and you would need to get those to a local attorney so they can file your appeal to the administrative appeals process and then through to the court if required.
You are going to need CURRENT documentation, not 4 year old documentation from your doctors, so you can present your case to refute the NYCERS doctor's claims you are able to return to work.
Customer: replied 1 year ago.
Can't go back to work, I'm on disability pension. they want me to return. I have all up to date Dr. reports. I've been diagnosed with PTSD, I also have blood clots ( DVT ). I'm getting ready to have my knee replaced. NYCERS believes I'm able to work. They want me to operate a bus with the possibility of a pulmonary embolism to break off in my chest. They had 3 medical people talk to me for 5 minutes, and their determination was I'm able to work.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I understood you cannot go back to work, but your only remaining recourse now is filing your appeal against them and that means you will need a local attorney to represent you and you will have to present your current medical reports to the appeal hearing officer to fight them or they will end your pension.