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Disability - FAQs |
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Does the MainePERS offer a
disability benefit program?
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What makes me eligible to
receive a disability benefit?
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Does MainePERS offer a
short-term disability benefit?
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Will someone from MainePERS
help me complete the disability application form?
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If I am eligible for
disability benefits, how much will I receive?
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How will benefits be paid to
me?
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If I am eligible for
disability benefits, when can I expect my first payment?
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How long does it take to
process a disability application?
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Am I required to send my
medical records to MainePERS when I apply for disability?
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Can I work while receiving
disability benefits?
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How long will I receive
disability benefits?
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Am I allowed to
receive both Workers' Compensation benefits and/or Social
Security Disability Insurance and
MainePERS disability benefits?
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Will my case be reviewed for
continued disability benefits?
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How will the review process
affect my disability benefits?
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How will I be notified that
my case is being reviewed?
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Does MainePERS provide
vocational rehabilitation services?
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Can I refuse to participate
in the rehabilitation program?
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I have terminated my
position. Can I still apply for disability benefits?
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My employer terminated my
employment. Can I still apply for disability benefits?
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Is there a time limit for
applying for disability benefits?
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Q: Does the MainePERS offer a
disability benefit program?
A: Yes. The majority of members of MainePERS are covered
under the "Article 3A" disability statute and the following
questions and answers concerning the disability program
relate to Article 3A eligibility. You should contact
MainePERS Disability Unit to determine if this statute
applies to you. Additional information on the Disability
program can be found in the publication
Overview of Disability Benefits.
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Q: What makes me eligible to
receive a disability benefit?
(Article 3A; see above)
A: You must meet certain statutory requirements to be
eligible for disability benefits:
You must have a permanent mental or physical incapacity that
makes it impossible for you to perform the duties of your
job or of another job, of comparable stature and
compensation, that your employer has offered you.
You must have become incapacitated before reaching your
normal retirement age unless you have elected the No-Age
Disability Plan or were hired on or after October 16, 1992.
At the time you became incapacitated, you must have been on
your employer's payroll and making contributions to the
MainePERS or you must have been on a medical leave of
absence due to the same condition that is the basis of your
application for disability benefits. In addition, there must
be no other job of equal pay and comparable stature that you
are able to do that your employer will make available to
you.
There must be no job modifications that your employer will
make that will allow you to do your job, such as changing
your job duties or the way you perform a certain task, or
providing special equipment for your use.
If you have fewer than 5 years of creditable service
preceding your last date in service, you may not eligible
for benefits if the disability is a result of a physical or
mental condition which existed before your membership in
MainePERS. The exception is if the disability is a result
of, or has been substantially aggravated by, an injury or
accident received in the line of duty but from events or
circumstances not usually encountered within the scope of
your employment.
If you have been incapacitated for more than two years, you
must show that you are unable to engage in any substantially
gainful activity.
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Q: Does MainePERS offer a short-term disability benefit?
A: No. To qualify for an MainePERS disability retirement
benefit, your incapacity must be determined to be permanent.
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Q: Will someone from the MainePERS help me fill out the
disability benefit application form?
A: Yes. A MainePERS representative would be happy to answer
any questions over the telephone or to assist you in person
with completion of the application. Call MainePERS
Disability Unit for an appointment if you require
assistance. Be sure you review the forms before your
appointment so that you will have all pertinent information
with you to aid in the completion of the application.
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Q: If I am eligible for disability benefits, what amount of
benefit will I receive?
A: Age-Limited Plan: If you were hired before October 16,
1992 and continue to be employed and did not elect the
No-Age plan, your benefit will be 66 2/3% of your average
final compensation, subject to any Workers' Compensation,
Social Security Disability, or similar law offsets.
No-Age Limit Plan: If you were hired on or after October 16,
1992, or if you elected coverage under the No-Age Limit
disability provisions, your benefit will be 59% of your
average final compensation, subject to any Workers'
Compensation, Social Security Disability, or similar law
offsets.
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Q: How will benefits be paid to me?
A: The Maine Public Employees Retirement System will deposit
your benefit payment directly to your financial institution,
by Electronic Direct Deposit, into either your savings or
checking account.
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Q: If I am eligible for disability benefits, how long will
it take before I get my first payment?
A: If you are not
receiving Workers' Compensation or Social Security
Disability, you may be eligible to receive a Disability
Preliminary Benefit. This benefit is 90% of your estimated
monthly benefit and is paid in the first regular MainePERS
benefits payroll cycle following approval and termination of
your employment.
Your full disability benefit will be paid (with a
reconciliation of the preliminary benefit to the final
benefit) once MainePERS has received all the termination
paperwork and payroll filings from your employment.
Disability preliminary benefits cannot accommodate
situations involving Workers' Compensation payments or
Social Security Disability benefits. Individuals receiving
these benefits must be assessed for a possible offset to
their MainePERS disability benefit and can only be paid when
the full benefit payment has been determined.
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Q: How long does it take to process a disability
application?
A: It takes approximately 4-6 months to process a disability
application.
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Q: Am I required to send my medical records to MainePERS
when I apply for disability?
A: It is good to send medical records that you have.
MainePERS will also request your medical information
directly from and ask questions directly to your doctor or
medical provider.
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Q: Can I work while receiving disability benefits?
A: Yes, however there are limitations on the amount you may
earn without reducing or eliminating your disability benefit. For
information on your earnings limitation,
contact
the MainePERS Disability Unit.
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Q: How long will I receive disability benefits?
A: Under the Article 3A Age-Limited Plan, as long as you
remain disabled in accordance with statute you will receive
a disability benefit until 10 years past normal retirement
age, or when service retirement benefits equals disability
retirement benefits, whichever occurs first.
Under the Article 3A No-Age Limit Plan, as long as you
remain disabled in accordance with statute, you will
continue to receive benefits until the amount of your
service retirement benefits equal your disability retirement
benefits.
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Q: Am I allowed to receive both Workers' Compensation
benefits and/or Social Security Disability Insurance and
MainePERS disability benefits?
A: You may receive all of these benefits concurrently;
however, your MainePERS disability benefit will be reduced
(offset) by the amounts received from Workers' Compensation
and Social Security Disability Insurance for the same
incapacitating condition.
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Q: Will my case be reviewed for continued disability
benefits?
A: Yes. Disability recipients are reviewed generally every
two years after first becoming disabled, NOT two years from
the date you were approved for disability retirement
benefits.
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Q: How will the review process affect my disability
benefits?
A: You will continue to receive your benefit throughout the
review process.
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Q: How will I be notified that my case in being reviewed?
A: You will be notified by mail by means of a review packet
that contains 1) questions about your condition 2) a form
for your treating doctor to fill out and 3) medical releases
for you to sign so MainePERS may obtain medical information
directly from your doctors or other treatment providers.
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Q: Does MainePERS provide vocational rehabilitation
services?
A: MainePERS provides vocational rehabilitation services
with the intent to assist recipients to transition back into
the workforce. Generally, an eligibility determination is
based upon your inability to perform the duties of your
employment position as defined by statute. The vocational
rehabilitation focus is on providing services that when
combined with your training, education, and experience,
would allow you to engage in employment to the level of
substantial gainful activity.
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Q: Can I refuse to participate in the rehabilitation
program?
A: Yes, recent legislation resulted in Vocational
Rehabilitation becoming a voluntary program for disability
recipients. If you are approved for disability benefits and
rehabilitation services are recommended, the services are
optional, a determination to evaluate your suitability for
vocational rehabilitation services may be made at the point
of approval for disability benefits, in the course of a
future review, or you may decline.
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Q: I have terminated my position. Can I still apply for
disability benefits?
A: Even if you have terminated your employment position, you
may apply for disability benefits as long as you have not
taken a refund of your MainePERS contributions. To be
eligible for benefits you would have to first demonstrate
that your incapacity occurred while you were still
considered to be "in service"; you would next have to meet
all other statutory and rule requirements.
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Q: My employer terminated my employment. Can I still apply
for disability benefits?
A: If your employer terminated your employment, you may
still apply for disability benefits as long as you have not
taken a refund of your contributions. You would have to
demonstrate that your incapacity occurred while you were
still considered to be "in service", as well as meeting
other statutory and rule requirements.
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Q: Is there a time limit for applying for disability
benefits?
A: No. You may apply anytime but you will be required to
show that you became incapacitated while you were still in
service and that you have not taken a refund of your
MainePERS contributions. You should be aware that it is
often harder for members to establish their incapacities if
their service is too far in the past. The payment of
disability retirement benefits, if approved, will generally
only be retroactive to six months prior to MainePERS’
receipt of your application.
If you have a question that is not addressed here, or if you
need more information than provided here, please contact the
MainePERS office at (207) 512-3100 or toll-free at
1-800-451-9800.
Disclaimer: The information contained in this Web site is
general in nature and is not a complete statement of the
laws governing MainePERS or the administrative policies of
the System. You should not rely on this general information
to guide you in important individual decisions; consult with
your own financial or legal advisor or with MainePERS staff.
Should there be any conflict between this information and
Maine laws or MainePERS policies, the laws and policies will
prevail. For more information regarding MainePERS please
refer to the Constitution, Statutes, and Session Laws of
Maine at
http://www.maine.gov/legis/ros/meconlaw.htm.
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