Michael P. Cody, through his counsel Jeanne H. Rayphand, filed the complaint for judicial review of agency action against the Fund and its board of trustees.
He is asking the court to compel the defendants to pay him disability retirement benefits to which he is entitled.
Cody is asking the court for a declaratory judgment that he is entitled to a disability retirement annuity from the Retirement Fund starting Dec. 2007, in the amount of 66 2/3 percent of the salary he was receiving at the time of his separation from employment.
He is also seeking judgment ordering defendants to pay him a disability retirement annuity equal to 66 2/3 percent of the salary he was receiving at the time of his separation from employment; for judgment ordering defendants to pay him interest at a rate of 9 percent per annum on the accrued sum past due; for preliminary injunction to pay him interim disability retirement payments in the amount of 66 2/3 percent of the salary he was receiving from Dec. 31, 2007 until final disposition of this matter; for costs of suit, attorney’s fees; and for other relief the court deems proper.
Cody said he applied for disability retirement in Nov. 2006 but it was denied by the Fund administrator on July 31, 2007.
Cody appealed the decision of the fund administrator.
An administrative hearing was held and testimony was taken on several dates, which was finally completed on March 6, 2008.
Cody said both parties submitted proposed findings of facts and conclusions as well as responses in April last year, but to date, there has been no decision on Cody’s appeal by the hearing officer or by the board of trustees.
Cody was employed as a civil service employee and has been a member of the Retirement Fund since March 15, 1989.
He was a Class 11 member.
Cody said that when he applied for disability in 2006, one of the requirements was to include filled out forms and reports from two attending physicians.
Cody said the Retirement Fund did not tell them which doctors to see.
He said he applied for disability retirement in 2007, in accordance with the procedures and with certifications from two licensed physicians, Dr. Tony Stearns and Dr. Janna Wilgus.
The physicians certified that Cody’s disability is total and permanent and that he is unable to engage in gainful employment.
During that time, the Retirement Fund had not yet released a certified list of physicians to do disability evaluations, but the two doctors were included on the list on May 22, 2008.
Cody said Fund Administrator Mark Aguon requested the Commonwealth Guidance Center’s psychologist and psychiatrist to examine Cody in Dec. 2006.
The reports of the physicians showed that Cody was unable to engage in unemployment for the time being and recommended six months of rehabilitative assistance.
Cody said that the Fund’s denial of his application for disability retirement annuity was based on the reports of the CGD physicians that he was not totally and permanently disabled.
Cody said the denial of his application for disability retirement annuity was erroneous because he followed the procedures and he is entitled to 66 2/3 percent of his salary in effect at the date of his disability.
