DISABILITY
UNIT FREQUENTLY ASKED QUESTIONS |
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| Who
actually schedules the appointments for a medical panel
examination? |
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| The Medical
Panel Unit at PERAC is responsible for the scheduling
of all appointments and the notification of all parties
which include the applicant, retirement board, the
employer and the physician(s) who will be performing
the examination. An applicant’s retirement board
will forward the request for a medical panel once
they accept his/her application for a disability retirement. |
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Does the Medical
Panel Unit notify an applicant’s attorney or
physician? |
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| The
appointment letter which an applicant will receive states
that it is the applicant’s responsibility to notify
his/her attorney and/or personal physician, if the applicant
wishes to have either or both of them attend the examination
with him/her. |
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| How
long does it take to get an appointment for a medical
panel evaluation? |
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| This
may vary somewhat based on the specialty of the medical
panel and the geographic location of the applicant.
However, most medical panels are scheduled within ten
days of the receipt of the Request For Appointment of
a Regional Medical Panel from an applicant’s retirement
board. |
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| When
does the medical tribunal hold a hearing on an applicant’s
disability retirement application? |
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| There
is no medical "tribunal" established to review
disability cases under G. L.c. 32, s.6 and s.7. A medical
examination by the regional medical panel is not a legal
hearing. An applicant will see physicians who are specialists
in his/her area of disability. This exam will be similar
to medical evaluations which the applicant may have
undergone during his/her period of disability. |
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| Can
an applicant request that the Medical Panel Unit change
his/her appointment with very little notice to the Unit? |
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| The
Medical Panel Unit cannot change or reschedule appointments
at the last minute and an applicant can be charged the
total cost of the physicians’ fees for failure
to appear for a scheduled appointment(s). If an applicant
is unable to attend a scheduled medical panel examination
due to an extenuating circumstance such as a death in
the family or his/her own hospitalization, the applicant
must notify the commission at least 48 hours in advance
of the scheduled examination to request rescheduling.
An examination will not ordinarily be rescheduled for
a reason other than for such an extenuating circumstance. |
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| Can
an applicant call a medical panel physician to re-schedule
his/her appointment? |
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| Appointments
may only be changed by PERAC staff members and an applicant
must contact the Medical Panel Unit and speak with one
of the staff members if a conflict arises. The telephone
number of the Medical Panel Unit is on the appointment
letter. |
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| Can
an applicant’s personal physician attend the medical
panel examination? |
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| An
applicant’s physician as well as his/her attorney
may be present during the examination, but may not necessarily
take an active part in the process other than answering
questions from medical panel physicians. The medical
panel physicians are interested in speaking with the
applicant and in performing a non-invasive hands on
examination, if appropriate. |
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| Why
does an applicant need to obtain x-rays or MRI’s
since an applicant’s retirement board is sending
his/her medical information? |
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| The
written reports of x-rays, MRI’s, and echocardiograms
are often included with the medical records sent by
an applicant’s retirement board. The physicians
who examine an applicant in connection with his/her
disability claim often prefer to view the actual test
or x-ray. It is extremely important that an applicant
makes available to his/her retirement board all medical
records from treating physicians, consultants, hospitals
and other facilities where tests or treatments have
been undergone. There is never a problem with too
much information being supplied, but there are delays
when additional information has to be requested. |
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| How
long does the examination take? |
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| The
medical panel physicians will have had the opportunity
to review an applicant’s medical records prior
to seeing the applicant. The actual examination normally
will take approximately 30-45 minutes. If an applicant
is seeing a joint medical panel, one of the doctors
will do a hands on exam, while the remaining two physicians
will observe and ask questions. The physicians will
assess an applicant’s past and present medical
condition and will ask questions appropriate to his/her
claimed incapacity. All of the findings from the applicant’s
medical records and the actual examination will be considered
when completing the medical panel certificate and narrative. |
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| How
long does it take the medical panel doctors to get the
reports back? |
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| Medical
panel physicians have sixty days in which to complete
and return certificates and narratives to PERAC following
a regional medical panel examination. Only occasionally
do the physicians need this length of time and then
it is usually due to the doctors’ request for more
medical information. The usual time frame is three to
four weeks for return of a completed report. |
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| Who
will inform the applicant of the medical panel findings? |
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| The
applicant’s retirement board will notify the applicant
and his/her employer of the results of the medical panel
examination within thirty days of its receipt of the
medical panel report or in the case of separate examinations,
within thirty days of the receipt of the last of the
separate reports. |
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| Can
an applicant obtain a copy of the completed medical
panel report? |
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| An
applicant is entitled to receive a copy of the medical
panel reports, but the applicant must request it from
his/her retirement board. In the case of separate examinations,
the retirement board will wait for the return of all
three completed exams before responding to such a request. |
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| What
happens if both the medical panel and the retirement
board find an applicant to be disabled? |
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| The
applicant’s retirement board must determine whether
or not to approve the application. An applicant has
the right to a hearing before his/her retirement board
before the board votes on the application. If the board
votes to approve an application, it must send the approved
application to PERAC for final review by the Commission.
The Commission may return the application to the board
for further action within thirty days of its receipt
if it finds the board’s decision to have been made
upon unlawful procedure, unsupported by substantial
evidence, arbitrary and capricious, or a result of fraud
or misrepresentation. If the Commission approves the
application or fails to take action within thirty days,
the applicant’s retirement board will notify the
applicant that his/her application for disability retirement
has been granted. |
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| What
happens if the medical panel does not find an applicant
to be disabled? |
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| As
set out above, an applicant has the right to request
a hearing before his/her retirement board upon being
notified about the findings of the medical panel. An
applicant’s board may deny the application, or
may seek additional information or clarification from
the medical panel or may petition PERAC to schedule
a new examination. If the Commission declines to schedule
a new panel, the retirement board must deny the application.
An applicant will be notified of his/her right to appeal
the denial of his/her application to the Contributory
Retirement Appeal Board. |
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