Chapter 03. Review of Claims for Disability Retirement

The appropriate disability forms have been properly completed and include the required information and documentation;

Except as permitted under COMAR 22.06.02.04, the disability forms were submitted to the Retirement Agency before the date membership ended; and

If the applicant has filed a claim for ordinary disability retirement only, the applicant has at least 5 years of eligibility service.

Reject the disability forms;

Return the disability forms to the applicant;

Notify the applicant that the applicant may refile for disability retirement if the applicant properly completes and timely submits a new Statement of Disability and Preliminary Application for Disability Retirement; and

Close the applicant’s file in accordance with COMAR 22.06.01.05B.

If the Disability Unit determines that the applicant has not satisfied the requirement set forth in §A(1)(b) or (c) of this regulation:

The applicant may appeal the denial of the disability claim by submitting a written request for a hearing in the format required under COMAR 22.03.04.07B to the Executive Director within 30 days of the date of the Disability Unit’s notice of the denial of the disability claim.

If the applicant does not submit a written request for a hearing to the Executive Director within 30 days of the date of the Disability Unit’s notice, the applicant shall not have any further right to appeal the denial of the disability claim.

Subject to §D(2)(b) of this regulation, the Disability Unit shall review the applicant’s claim for accidental disability retirement to determine whether the occurrence or condition claimed to be the cause of the applicant’s disability arose out of and in the course of the actual performance of duty without willful negligence by the applicant.

If the applicant is a member of the Deferred Retirement Option Program who commenced participation on or after July 1, 2008, the Disability Unit shall also review the applicant’s claim to determine whether the occurrence claimed to be the cause of the applicant’s disability arose out of and in the course of the actual performance of duty during the member’s participation in the Deferred Retirement Option Program, without willful negligence by the applicant.

An applicant is mentally or physically incapacitated for the further performance of the normal duties of the applicant’s position;

The incapacity is likely to be permanent; and

The applicant should be retired.

The nature of the applicant’s normal job duties;

Whether the applicant currently performs of the normal duties of the applicant’s position without restriction; and

Whether the applicant is not performing the normal duties of the applicant’s position for a reason other than a permanent mental or physical incapacity.

Is totally and permanently incapacitated for duty as the natural and proximate result of an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the applicant; or

Except as provided in §B(2) of this regulation, if the applicant is in the State Police Retirement System or Law Enforcement Officers’ Pension System, is totally and permanently incapacitated for the further performance of duty arising out of and in the course of the actual performance of duty without willful negligence by the applicant.

Became totally and permanently incapacitated for the further performance of duty after commencing participation in the Deferred Retirement Option Program; and

Is totally and permanently incapacitated for the further performance of duty by an occurrence that arose out of and in the course of the actual performance of duty while participating in the Deferred Retirement Option Program without willful negligence by the applicant.

Shall consider the Disability Unit’s findings under Regulation .01D of this chapter; and

Except if the applicant is in the State Police Retirement System, Law Enforcement Officers’ Pension System, or Correctional Officers’ Retirement System, may not consider an accident that took place more than 5 years before the date that the Statement of Disability and Preliminary Application for Disability Retirement was submitted to the Retirement Agency.

Request additional information from the applicant or the applicant’s employer pertaining to the applicant's claim;

Require the applicant to report for an independent medical evaluation; or

Suspend its review for a period not to exceed 1 year in order to evaluate the effectiveness of treatment or consider whether an applicant has reached maximum medical improvement.

If the medical board recommends that the Board of Trustees grant accidental disability retirement, the Disability Unit shall forward its recommendation to the Executive Director for action by the Board as provided in COMAR 22.06.05; or

If the medical board recommends that the Board of Trustees deny accidental retirement, following action by the Board of Trustees on the award of ordinary disability retirement as provided in COMAR 22.06.05, the Disability Unit shall:

A written request for reconsideration; and

Additional documentation, if any, to support the applicant’s claim for disability retirement in connection with the reconsideration.

This subsection applies if an applicant has been certified disabled by the medical board and awarded ordinary disability retirement pursuant to COMAR 22.06.05.03, but the medical board has recommended denial of accidental disability retirement following its review pursuant to COMAR 22.06.03.02B.

In addition to the requirements set forth in §C(2) of this regulation, an applicant who has been awarded an ordinary disability retirement shall, within 120 days of the date of the Disability Unit’s notice, accept an ordinary disability retirement or a service retirement in accordance with COMAR 22.06.05.03.

The applicant fails to submit a written request for reconsideration within 30 days of the Disability Unit’s notice of the medical board’s recommended denial of a disability retirement; or

If the applicant was awarded ordinary disability retirement, the applicant fails to accept an ordinary disability retirement or a service retirement in accordance with COMAR 22.06.05.03 within 120 days of the date of the Disability Unit’s notice.