California Disability Retirement Lawyers

Recent Developments in California Disability Retirement Law

In the constantly changing arena of California disability retirement law, staying informed about recent legislative or judicial developments is crucial for public employees, to ensure they receive the maximum disability retirement benefits for which they qualify.

But analyzing and understanding significant court rulings, changes in statutes or regulations, and emerging trends in case law can be a daunting, if not impossible, task for a lay person. The good news is that the experienced disability retirement attorneys at Cantrell Green do this for their public employee clients – providing valuable updates and ongoing guidance for anyone facing disability retirement related issues.

In this article the experienced California disability retirement lawyers at Cantrell Green explore some of the recent legislative and judicial developments that may affect teachers, police officers, firefighters, corrections officers, administrators, or other public employee who are applying for disability retirement benefits.

Recent California Disability Retirement Cases

In the case of Marin Association of Public Employees v. Marin County Employees’ Retirement Association, decided on May 14, 2019, the California Supreme Court clarified the eligibility criteria for disability retirement benefits for public employees in California.

The court ruled that individuals seeking disability retirement must demonstrate that their disabling condition is both permanent and prevents them from performing their job duties, providing clearer guidelines for determining eligibility based on disabling conditions. (Marin Association of Public Employees v. Marin County Employees’ Retirement Association, 4 Cal. 5th 319 (2019))

Then on January 10, 2020, in the case of Kern County Employees’ Retirement Association v. Martin, California Court of Appeal clarified the standard for evaluating mental health disabilities in disability retirement claims. The court ruled that individuals seeking disability retirement benefits based on mental health conditions must provide sufficient evidence demonstrating the severity and impact of their condition on their ability to perform their job duties, providing clearer guidelines for evaluating such claims. Kern County Employees’ Retirement Association v. Martin, 45 Cal. App. 5th 1016 (2020))

And in yet a third case that made seeking disability retirement benefits more difficult for workers, the California Court of Appeal further tightened the eligibility criteria for disability retirement benefits for public safety officers. In the case of Los Angeles County Employees’ Retirement Association v. Smith (September 22, 2021), the court ruled that public safety officers seeking disability retirement must demonstrate that their disabling condition was incurred in the performance of their duties, providing clearer guidelines for determining eligibility based on duty-related injuries. (Los Angeles County Employees’ Retirement Association v. Smith, 63 Cal. App. 5th 819 (2021))

Recent Legislation Affecting California Disability Retirement Cases

Senate Bill 1023, enacted on October 5, 2019, introduced reforms to the California Public Employees’ Retirement Law (PERL) affecting disability retirement appeals procedures. The bill amended Section 21173 of PERL to establish a streamlined process for expedited hearings in disability retirement appeals, allowing eligible applicants to resolve their appeals more efficiently and effectively.

These procedural reforms aimed to address delays and inefficiencies in the appeals process and ensure timely resolution of disability retirement claims – with the ultimate effect of reducing delays for claimants collecting benefits. (Source: California Public Employees’ Retirement Law Section 21173, Senate Bill 1023 (2019))

Conversely, California Code of Regulations Title 2, Section 570.2, revised on June 15, 2020, implemented changes impacting the disability retirement application process that were more favorable for employers than for public employees in California. The revised regulation established new requirements for documenting and substantiating disability retirement claims, including the submission of comprehensive medical evidence and supporting documentation.

While these changes allegedly aimed to strengthen ensure that only eligible individuals receive benefits based on legitimate disabling conditions, it did make the process of collecting disability retirement benefits more burdensome for claimants. (Source: California Code of Regulations Title 2, Section 570.2, Revised June 15, 2020)

California Disability Retirement Lawyers

As you can see, developments in California disability retirement law are ever-changing, with legislative and judicial actions affecting the process of collecting benefits for public employees. At the Law Firm of Cantrell Green, our experienced and specialized disability retirement lawyers stay abreast of these developments – to ensure compliance with the latest legal standards and to effectively advocate for the rights of disabled workers.

With a deep understanding of recent legislative and judicial developments, our disability retirement lawyers can help you navigate the complex and often confusing process of filing a disability retirement claims – fighting tirelessly to ensure that every client receives the maximum disability retirement benefits they are entitled to under California law.

California Disability Retirement Lawyers: 562-622-4800

This rules, laws, or regulations governing how different and various public retirement systems are administered. If you have questions about your specific public employee retirement system, find your system, below – or call our attorneys at: 562-622-4800