Disability Forms Review. On receipt of a Statement of Disability and Preliminary Application for Disability Retirement, the Disability Unit will conduct a disability forms review to determine whether: 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. If the Disability Unit determines that the applicant has not satisfied the requirement set forth in §A(1)(a) of this regulation, the Disability Unit shall: 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. Denial of Disability Claim. 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 Retirement Agency shall deny the disability claim; and The Disability Unit shall provide the applicant written notice of the denial of the disability claim and the applicant’s appeal rights under §A(3)(b) and (c) of this regulation and in accordance with COMAR 22.06.05.05. 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. Review of Claim by Applicant with Fewer than 5 Years of Eligibility Service. An applicant who has fewer than 5 years of eligibility service is not eligible for ordinary disability retirement. If the applicant has filed a claim for accidental disability retirement, the Disability Unit and medical board may review the applicant’s claim for eligibility for accidental disability retirement only. The Disability Unit may request an applicant or an applicant’s employer to submit additional information, including but not limited to: Records of proceedings before, or any decisions issued by the Workers’ Compensation Commission or Social Security Administration; The applicant’s personnel records; and Any other information the Disability Unit considers relevant to the determination of the disability claim. Review of Claims for Accidental Disability Retirement. Except as provided in §D(2) of this regulation, the Disability Unit shall review an applicant’s claim for accidental disability retirement to determine whether the event claimed to be the natural and proximate cause of the applicant’s disability was an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the applicant. If the applicant is in the State Police Retirement System or Law Enforcement Officers’ Pension System: 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. Except if the applicant is in the State Police Retirement System, Law Enforcement Officers’ Pension System, or Correctional Officers’ Retirement System, the Disability Unit 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. Disabled or Not. In a claim for ordinary or accidental disability retirement, the medical board shall certify whether or not: 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. In making the determination set forth in §A(1) of this regulation, the medical board shall consider: 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. Accidental Disability Retirement. In a claim for accidental disability retirement, the medical board shall make a recommendation regarding whether an applicant: 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. If an applicant is a member of the Deferred Retirement Option Program who commenced participation on or after July 1, 2008, in a claim for accidental disability retirement, the medical board shall make a recommendation whether 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. In making the determination set forth in §B(1) or (2) of this regulation, the medical board: 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. Procedures for Medical Board’s Review. The medical board shall review an applicant's Statement of Disability and additional evidence submitted by the applicant or obtained by the Retirement Agency. The medical board may take one or more of the following actions to facilitate its review of the applicant’s claim: 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. Disability Has Been Certified. Except as provided in §A(2) of this regulation, if the medical board certifies that the applicant is disabled and recommends that the Board of Trustees grant ordinary disability retirement, the Disability Unit shall forward the certification to the Executive Director for action by the Board of Trustees as provided in COMAR 22.06.05. If the applicant is not eligible for ordinary disability retirement because the applicant has fewer than 5 years of eligibility service, the Disability Unit shall forward the certification only if the medical board recommends that the Board of Trustees grant accidental disability retirement. In the case of an applicant who has been certified disabled by the medical board and who filed a claim for accidental disability retirement: 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: Notify the applicant of the Board of Trustees’ decision on ordinary disability retirement in accordance with COMAR 22.06.05.02C; and Advise the applicant of the medical board’s recommended denial of accidental disability retirement and the applicant’s right to request reconsideration of the medical board’s recommendation as provided in §C of this regulation. Disability Has Not Been Certified. If the medical board determines that the applicant is not disabled, the Disability Unit shall notify the applicant of the medical board’s determination and advise the applicant of the applicant’s right to request reconsideration as provided in §C of this regulation. Requests for Reconsideration. An applicant who disagrees with the recommendation of the medical board may request not more than one reconsideration of the recommendation. Subject to §C(3) of this regulation, to request reconsideration, within 30 days of the date of the Disability Unit’s notice of the medical board’s recommended denial of a disability retirement, an applicant shall submit to the Disability Unit: A written request for reconsideration; and Additional documentation, if any, to support the applicant’s claim for disability retirement in connection with the reconsideration. Reconsideration When Disability Has Been Certified. 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 Retirement Agency shall close the applicant’s file in accordance with COMAR 22.06.01.05B if: 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. State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland Effective date: January 1, 1996 (22:26 Md. R. 2031) Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance. Chapter revised effective October 15, 2012 (39:20 Md. R. 1309) Regulation .01A amended effective November 24, 2016 (43:23 Md. R. 1280) Regulation .02C amended effective November 24, 2016 (43:23 Md. R. 1280)