Zimberlin Law LLC has long been concerned about the information contained in the denial letters from the Retirement Services Division regarding decisions of the Medical Examining Board (MEB). The MEB consists of a panel of three physicians who review the medical evidence and make a decision as to whether or not benefits will be granted. Zimberlin Law LLC represents state employees at hearings conducted by the MEB. If the MEB denies a case, the employee has a right to reconsideration. If the case is denied again, on reconsideration, the Retirement Services Division sends a letter to the claimant stating that the claimant’s appeal rights have been exhausted. This letter does not describe all the appellate rights of the claimant; there are further appeal rights to the State Employees Retirement Commission (SERC). Zimberlin Law LLC has successfully represented many clients in SERC appeals. A successful appeal to SERC can result in a disability case being granted and the employee receiving disability benefits.
Zimberlin Law LLC brought the contents of the denial letters to the attention of SERC, and filed a petition requesting that the letter be changed. SERC granted our petition. SERC will add a sentence to MEB reconsideration denial letters which will explain that, although a member’s appeal rights have been exhausted with the MEB, the member may have rights to appeal to SERC on procedural matters.
Zimberlin Law LLC is pleased that the incomplete denial letters will no longer be issued. If you have been denied by the MEB, contact Zimberlin Law LLC and we can review your case to determine if you have any further right to appeal. Remember, it is always best to speak to an attorney before you file for disability retirement, to prevent any mistakes in your application.