Malamut & Associates


Types of Disability Pensions in New Jersey

April 28, 2017 |


If you live in the state of New Jersey, you worked in a public sector job and were injured or became disabled during the course of your work, you may be eligible for a disability pension. These pensions are set up specifically for people who are unable to work as a result of an accident or illness. Much like applications for Workers’ Compensation or Social Security Disability benefits, the process of applying for disability pensions can be complicated and confusing. The attorneys at Malamut & Associates have extensive experience in representing and advocating for our clients in matters of disability and will work to ensure that you are advised and engaged in the process and get the outcome that you are hoping for.

There are two types of disability pensions in New Jersey for public sector workers. They are Ordinary Disability Retirement (ODR) pensions and Accident Disability Retirement (ADR) pensions. In order to qualify for ODR pensions, an employee must have left their job as a result of the disability, must have an active pension account and have 10 or more years’ worth of service credit within the state’s pension system. Having met these requirements, an employee must then prove that they were considered permanently and totally disabled when they left work and must be able to provide all documentation supporting that fact within six months of applying. If approved, the annual amount that the employee will receive is the calculation of 43.6% of their average salary over the three years immediately preceding their retirement.

If your disability is a result of an accident, then the eligibility requirements are slightly different. You must have suffered an injury and accident that was undersigned and unexpected, that happened at a known and identifiable time and place, and was not a result of a preexisting condition. There must be evidence that the accident occurred in the course of doing regular and assigned duties rather than through willful negligence and must have resulted in medical or physical incapacity. Those who qualify for Accident Disability Retirement pensions receive an annual benefit equal to 72.7% of their base salary at the time of the accident that caused their disability.

The disability pension system was not planned to be an adversarial process, but it sometimes can be. If you have applied for benefits and are denied, or you believe that the benefits that you received are less than they should be, you do have the opportunity to appeal the decision. In order to ensure that you have the best opportunity to get the compensation that you deserve, it is a good decision to work with an experienced disability benefits attorney. The lawyers at Malamut & Associates can guide you through this process, making sure that you have followed all of the rules and adhered to the deadlines and requirements in order to optimize your chance of getting what you deserve. Contact us online today to find out how we can help.