Maryland State Disability Retirement Lawyer for Maryland State Employees
It happens more often than we care to think about – a serious injury or illness can leave you unable to work. The subsequent loss of income can be catastrophic, leaving you unable to pay your bills and take care of your family. Fortunately, for some Maryland State employees, you may qualify for state disability retirement. A Maryland disability retirement lawyer can help you understand your options and navigate the claim process.
Qualifications for Maryland Disability Retirement Benefits
Generally speaking, Maryland state disability retirement is available to anyone employed by the state of Maryland, which includes the following categorizations of people:
- Public school teachers and administrators
- Employees of any Maryland state agency
- Maryland state police and other law enforcement officers
- Correctional officers
In addition, the employee must demonstrate they are permanently unable to perform the duties of their prior employment. However, you do not need to prove that you are unable to perform any job, an important distinction if you are wondering whether you qualify.
Two Types of Disability in Maryland
Ordinary Disability Explained by a Maryland State Disability Retirement Lawyer
Maryland state disability retirement covers two types of disability. The first type is an ordinary disability – any physical or mental impairment that makes it impossible for you to perform the normal, day-to-day duties of your prior occupation. Your illness or injury does not need to have been related to the performance of your job in order to qualify.
In addition, you must have been employed by the state of Maryland for at least five years in order to claim disability retirement benefits.
You can also qualify for state disability retirement if your illness or injury occurred while on the job, referred to as an accidental disability. Your accident cannot have been the result of willful negligence, and you must be permanently unable to do your job as a result.
Unlike ordinary disability, there is no years-of-service requirement for accidental disability claims. As a result, you could file a claim for disability retirement benefits if you were injured and employed by the state for only two years, for example.
Applying for Maryland State Disability Retirement
There is a three-step process for Maryland state workers to receive your disability retirement benefits. We encourage you to work with your Maryland disability retirement lawyer when applying for Maryland State Disability Retirement.
- You must first file a disability claim. You will need to fill out the appropriate form and submit it to the relevant agency. As part of this process, you will need to provide your employment records for the last two years and various other documents. If you are applying for accidental disability, you will need to also provide a copy of your employer’s injury report and medical documentation establishing that the accident caused your disability and that it renders you permanently disabled.
- Review. Your claim will then be reviewed by the Medical Board of the Maryland State Retirement System. The Board is composed of a group of doctors reflecting a broad spectrum of medical specialties and backgrounds. Generally speaking, decisions are typically made within 90 days from the date you submit your application.
- Apply to Retire. If your claim is approved by the Medical Board, you will then need to apply to retire within 120 days of receiving the Board’s decision. If you fail to apply for retirement within this timeframe, your claim will be closed and you will not be entitled to benefits.
Let a Maryland Disability Retirement Lawyer Help with Your Benefits
The state disability retirement system can be difficult to navigate and a simple mistake can jeopardize your claim. Maryland disability retirement lawyer Emmett B. Irwin has the knowledge and experience to help you get the benefits you deserve. If you’re disabled and need help, contact us online to schedule a free consultation at our Baltimore office. We work with clients throughout Maryland and surrounding states.