<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 22.06.02.04" title_num="22" subtitle_num="06" chapter_num="02" heading="Disability Form Filed by a Former Member.">
  <paragraph num="A.">
    <text>A former member who satisfies the requirements set forth in §B of this regulation may apply for disability retirement only if the former member proves to the satisfaction of the medical board that the failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during membership.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Applying for a Disability Retirement.</text>
    <paragraph num="(1)">
      <text>To apply for disability retirement, a former member shall:</text>
      <paragraph num="(a)">
        <text>Properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 24 months after the month membership ended; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the former member was in the Teachers’ Retirement System, properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 12 months after the month membership ended.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>At the time the former member submits the required disability forms, the former member shall submit documentary evidence and a written statement attesting that the former member’s failure to submit the disability forms before the date membership ended was attributable solely to the physical or mental incapacity of the former member before the date membership ended.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>To determine whether the former member’s failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during the filing period, the medical board:</text>
    <paragraph num="(1)">
      <text>Shall consider whether the former member’s physical or mental impairment substantially limited the applicant’s major life activities during the filing period;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Shall review the evidence submitted by the former member in support of the claim; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>May request the former member to:</text>
      <paragraph num="(a)">
        <text>Submit additional evidence, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Report for an independent medical evaluation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Medical Board Determination.</text>
    <paragraph num="(1)">
      <text>Following review of all the evidence relating to the issue of whether the former member failed to timely file a disability form, the medical board shall make one of the following decisions:</text>
      <paragraph num="(a)">
        <text>Certify that the former member’s failure to file a disability form during the filing period was attributable solely to physical or mental incapacity before the date membership ended; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Determine that the former member’s failure to file a disability form was not attributable solely to physical or mental incapacity before the date membership ended.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If the medical board certifies a former member’s claim under §D(1)(a) of this regulation, the Retirement Agency shall notify the former member of the medical board's decision and accept the former member’s disability forms for processing as provided in COMAR 22.06.03.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the medical board determines that the former member’s failure to file was not attributable solely to the physical or mental incapacity of the former member before the date membership ended, the former member may request a reconsideration of the medical board’s decision by following the procedures set forth in COMAR 22.06.03.03. If, after reconsideration, the medical board affirms its initial decision and rejects the former member’s disability forms, the former member may request a hearing before a judge to be conducted as provided in COMAR 22.06.06 by filing a written request for a hearing not later than 30 days after the date of the notice of the medical board’s determination.</text>
    </paragraph>
  </paragraph>
</regulation>