Denial Of 9/11 Disability Pensions Overturned: Recent Victory For Two First Responders
Attorney Chet Lukaszewski, a vital member of Turley Hansen and Partners' 9/11 legal team, recently had a hand in reversing disability pension denials for two 9/11 First Responders. They can now receive the World Trade Center disability retirement pensions that they deserve. In an interview, Mr. Lukaszewski says, "The Appellate Division feels people should be awarded based on disability findings under the World Trade Center Presumptive Law."
Under the World Trade Center Presumptive Law, an applicant who participated in the rescue, recovery and clean-up efforts may be entitled to a World Trade Center disability pension; for many uniformed civil servants, like Mr. Lukaszewski’s clients, an NYPD Detective and an FDNY-EMS EMT, that is a three quarter tax free pension. It presents a presumption that if you are or become permanently disabled due to certain conditions and cannot perform your job responsibilities, then the condition is related to the World Trade Center disaster. In short, the applicant does not have to present proof that his or her condition is related to September 11th and the aftermath.
Should the pension board disagree that the illness was 9/11 related, then it must provide solid medical evidence that proves the illness was caused by some other factor. The World Trade Center Presumptive Law also covers numerous ‘WTC qualifying conditions’, including cancer and psychological conditions.
The two individuals whom Mr. Lukaszewski represented, were diagnosed with illnesses such as Post Traumatic Stress Disorder (PTSD) and other various mental ailments. The pension board ruled that the mental conditions were not related to their services at Ground Zero and so they were initiallly denied 9/11 disabiltiy pensions. Subsequently, Mr. Lukaszweski presented each case to the judges and it was deemed that the original denials were to be overturned. Click the link below to read the entire success story.
If you have been denied a 9/11 disability pension or would like more information about 9/11 disability pensions and claims, feel free to call, click the chat button or request to be contacted at the top of this page. Mr. Lukaszewski’s firm’s website is ChetLaw.com.