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Zimberlin Law
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Disability, Eduation, Criminal Defense Attorney, DUI
Disability, Eduation, Criminal Defense Attorney, DUI

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SEBAC 2017 Update

It appears that the 2017 SEBAC Agreement has been passed through the Senate. There are not many changes to Connecticut Employees who are seeking disability retirement.
b. Disability Retirement Modification and Continuing Discussions
i. Current plan provisions which impose Social Security Disability Retirement Offsets on retirees' spouses or designated dependent following the passing of the retiree are removed from the Plan.
ii. Effective as soon as administratively feasible, current disability retirees shall be required to apply for Social Security Disability. Future disability retirees shall be required to apply within two years of their receipt of State Disability retirement. No retiree shall be required to sustain any cost in order to apply, nor shall any retiree be penalized if such application is not granted. A retiree may be requested to appeal a denial of disability retirement if in the opinion of the Retirement and Benefit Services Division, such denial is inappropriate, in which case the Division shall assist the Retiree in filing the appeal at no cost to the retiree. No disability retiree who applies for Social Security Disability shall receive less in total benefits as a result of this provision.
iii. The parties shall continue discussing the appropriateness of the differing offset rules that affect state disability retirement.

5. Disability Retirement shall be handled as per Tier 3.

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New blog update on Connecticut State Employee Disability Retirement

Contact Zimberlin Law if you have been denied Connecticut State Employee Disability Retirement benefits.

Connecticut State Employee Disability Retirement

The Connecticut state retirement summary plan description and C.S.G § 5-169 provide the definition of disability.

Definition of Disability
At first, disabled means you are permanently unable to perform the duties of your job. After you have received disability benefits for 24 months, you are considered disabled only if you are totally unable to work at any suitable and comparable job. Your disability may be service-connected or non-service connected.

Time Periods Filing Your Claim
The time period for filing an application for disability retirement benefits or petition for service connected disability retirement shall begin on the day after the applicant’s last day of paid employment by the State of Connecticut and shall end at close of business on the date that is twenty-four months after the applicant’s last day of paid employment. Regs. Conn. State Agencies § 5-155a-2(d).

If you miss that two-year filing window, The Commission, in its sole discretion and after hearing held by it, may allow equitable tolling of any of the time periods set out in this regulation and thus extend the time period for filing a claim. In order to equitably toll all or a portion of said time period, a petitioner shall show that extraordinary circumstances prevented him or her from filing his or her petition within the specified time period. Regs. Conn. State Agencies § 5-155a-2(i).

http://www.osc.ct.gov/rbsd/meetings/minutes.html

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Happy to help a veteran!
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Overview of Connecticut Disability
If you become disabled and can’t work, there are various disability systems in which you may be able to obtain benefits. The attached link is an overview of Veterans Disability, Connecticut State Employee Disability Retirement, Social Security Disability/SSI, and Long Term Disability Insurance.

Medical student’s expulsion was affirmed by the DC Circuit. Private school student’s expulsion overturned in New Hampshire

Chenari v. George Washington University
Court: U.S. Court of Appeals for the District of Columbia Circuit Docket: 16-7055
Opinion Date: February 10, 2017
Areas of Law: Contracts, Education Law

Chenari, a third-year George Washington University medical student, took a test published by the National Board of Medical Examiners. Before the exam, the proctor read aloud the instructions from NBME’s official manual, including that students must complete the exam in two and a half hours and that “[n]o additional time [would] be allowed for transferring answers” to the answer sheet. Chenari also received a copy of “Exam Guidelines,” containing a similar warning. When the proctor called time, Chenari discovered that he had failed to transfer 20-30 answers to his answer sheet, “panicked,” and continued to transfer answers. The proctor requested that he stop; he continued. When the proctor tried to take the exam, Chenari put his hand over it and continued entering answers, taking an additional 90-120 seconds. The proctor and another student reported Chenari. Pursuant to University procedures, an Honor Code Council subcommittee investigated and recommended dismissal for academic dishonesty. The Medical Student Evaluation Committee unanimously recommended Chenari’s dismissal. The Medical School Dean met with Chenari and upheld that recommendation. Chenari unsuccessfully appealed to the Provost, arguing that his conduct lacked “an element of deceit” like “cheat[ing]” or “l[ying].” The D.C. Circuit affirmed dismissal of Chenari’s suit, which alleged breach of contract and discrimination based on his disability, Attention Deficit Hyperactivity Disorder (ADHD), 29 U.S.C. 794(a), and 42 U.S.C. 12132. The court noted that Chenari never sought accommodation of his claimed disability under the school’s established procedures.

This is a fair warning to give notice to your school regarding any disability BEFORE an incident occurs. Had he notified his school of ADHD before he took the test, the results may have been different.

In Mother Doe v. Exeter, 1:16-cv-00396-JL, District of New Hampshire, an expelled student successfully argued (1) breach of contract, (2) promissory estoppel and (3) violation of the covenant of good faith and fair dealing, when the jury agreed with the child to reinstate him back to school. The child was “withdrawn” from Phillips Exeter after a sexual interaction with another 15-year old student (female) on campus. The school reinstated the child back into school and they received damages of $27,904.

Education cases move quick and finding an attorney early is pivotal in securing a favorable outcome.

SECOND CLASS JUSTICE AT COMMUNITY COLLEGES?

Any college student facing a charge of academic dishonesty faces enormous obstacles in overcoming a false charge. The public colleges in Connecticut give that student a right to a hearing to prove their innocence. If the student loses that hearing, the student can sue the college for due process violations. If that happens, then is it crucial that the falsely accused student show the court what happened in the hearing. At a four year state college, the student has a right to have a record made of the hearing. The hearing will be taped so that a reviewing court can listen to it or read a written transcript. What about community college students? No such right! This puts community college students at a great disadvantage when it comes time to sue the school. What could possibly be the reason for such a discrepancy? Community college students, as a group, are poorer than university students. There may be more non-whites in the community college student body. There are more adult students, trying to balance work and child care with school. None of this justifies second class justice for community college students. At Zimberlin Law LLC, we believe that community college students should be entitled to the same due process protections that university students have. We will fight to ensure that your rights are protected.

Contact Zimberlin Law if you have been denied Connecticut State Employee Disability Retirement benefits.

Connecticut State Employee Disability Retirement

Every third Friday the Medical Examining Board will issue decisions on behalf of the Retirement Services Division and State Employees Retirement Commission. They will release a list of Connecticut State Employees who are applying for State Disability Retirement benefits. A typical decision will grant or deny a Connecticut worker disability benefits.

The Connecticut state retirement summary plan description and C.S.G § 5-169 provide the definition of disability.

Definition of Disability
At first, disabled means you are permanently unable to perform the duties of your job. After you have received disability benefits for 24 months, you are considered disabled only if you are totally unable to work at any suitable and comparable job. Your disability may be service-connected or non-service connected.

Time Periods Filing Your Claim
The time period for filing an application for disability retirement benefits or petition for service connected disability retirement shall begin on the day after the applicant’s last day of paid employment by the State of Connecticut and shall end at close of business on the date that is twenty-four months after the applicant’s last day of paid employment. Regs. Conn. State Agencies § 5-155a-2(d).

If you miss that two-year filing window, The Commission, in its sole discretion and after hearing held by it, may allow equitable tolling of any of the time periods set out in this regulation and thus extend the time period for filing a claim. In order to equitably toll all or a portion of said time period, a petitioner shall show that extraordinary circumstances prevented him or her from filing his or her petition within the specified time period. Regs. Conn. State Agencies § 5-155a-2(i).

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Below is a proposed change in law for Connecticut. In sum, the law protects deploying service-persons with regard to custody issues that may arise if there is a divorce.


The Uniform Deployed Parents Custody and Visitation Act addresses issues of child custody and visitation that arise when parents are deployed in military or other national service.

Brief Overview of Zimberlin Law

Areas of Practice

Zimberlin Law LLC can provide you with representation in the following areas of law. Below is a brief overview of those areas and common issues that will come up.

1) Veterans Disability: Compensation/Pension
2) Connecticut State Employee Disability Retirement
a. Disability Benefits at the Medical Examining Board
b. Extraordinary Hearings
c. Overpayments
3) Social Security Disability/SSI
a. Proving disability
b. Appeal work
c. Federal Court Appeals
d. Overpayments
4) Long Term Disability Insurance
a. ERISA plans
b. Non-ERISA plan
5) Education Law
a. Suspensions/Expulsions
b. Higher Education
c. Special Education
6) Freedom of Information Act Requests
7) Criminal Defense/DUI
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