N.Y. Comp. Codes R. & Regs. tit. 2 § 353.3

Current through Register Vol. 46, No. 36, September 4, 2024
Section 353.3 - Medical examinations

Where the determining authority finds that an application for benefits under section 507-a or 605 of the Retirement and Social Security Law raises a medical issue or issues, it shall arrange for the medical examinations of the applicant. Each consulting physician who is retained by the Retirement System to conduct an examination for the purposes of evaluating the medical basis of an applicant's application shall be required to report in writing his or her findings. The determining authority shall thereupon consider such report in reaching a determination on the application. Section 507 of the Retirement and Social Security Law provides that determination of the issue of whether a member is permanently incapacitated for the purposes of that section shall be based on the determination approving the member's application for primary social security benefits. Accordingly, the determining authority shall not arrange for medical examinations with respect to applications filed under section 507, unless the determining authority concludes that such examination or examinations are necessary with respect to determining issues of causal relationship between accidents alleged on the application and the incapacity which was the basis of the approval of such member's application for primary social security disability benefits.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 353.3