In order to receive Accidental Disability Retirement (ADR) benefits in Massachusetts, an applicant must prove that he or she is permanently incapacitated from performing the essential duties of his or her position because of an injury sustained or hazard undergone while in the performance of his or her duties.
Every Massachusetts Accidental Disability Retirement case requires a certificate from a medical panel comprised of three physicians who must answer “yes” to the questions of disability, permanency, and causation. However, a medical panel certificate which unanimously states that an applicant was permanently disabled in the performance of his or her duties does not guarantee the award of a disability retirement. While the applicant’s retirement board may not generally ignore the medical panel’s findings, the retirement board is entitled to consider both the medical and non-medical evidence when ruling on a disability retirement application.
Having a lawyer represent you in a Massachusetts Accidental Disability Retirement case is important because you must convince the retirement board that you are permanently unable to perform the essential duties of your job by reason of a personal injury sustained or hazard undergone, as a result of, and while in the performance of your duties. This can sometimes be difficult to prove, depending on the facts and circumstances of the individual case.
There is no minimum age or years of service requirement to be eligible to apply for an Accidental Disability Retirement in Massachusetts. Please contact me if you believe that you can no longer perform your duties and you need to file for an accidental disability retirement in Massachusetts.