19 Del. Admin. Code § 2004-6.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 2004-6.0 - Disability

6.1Documentation of disability. An application for disability shall be on the form prescribed by the Pension Office and shall include an evaluation from a qualified physician.

6.1.1Post-Traumatic Stress Syndrome ("PTSD") claims: The Board applies the standard of proof required under the Diagnostic and Statistical Manual of Mental Disorder. Applicants for a disability pension should submit a certification from a qualified psychiatrist, psychologist or physician with demonstrated experience in treating PTSD claims and establishing the following criteria:

6.1.1.1 Exposure to trauma or in response to duties;

6.1.1.2 Persistent experience such as flashbacks, trauma related thoughts or reminders, negative thoughts such as feelings of isolation or blame, trauma related reactivity such as hypervigilance or blame;

6.1.1.3 Symptoms last more than one month;

6.1.1.4 Symptoms cause functional impairment; or

6.1.1.5 Symptoms not due to medication or substance abuse.

6.2Disability review.

6.2.1 The determination of disability and its cause shall be made by the Pension Administrator after receiving the recommendation of a qualified and independent third-party medical expert approved by the Board, and who shall provide a report to the Pension Administrator. Based upon the recommendation, the Pension Administrator shall make the following determinations:

6.2.1.1 The date of the onset of disability.

6.2.1.2 The cause of such disability and whether such cause is duty or non-duty related.

6.2.1.3 The extent of such disability, and whether it is Partial Disability or Total Disability.

6.2.1.3.1 Partial Disability means a medically determined physical or mental impairment which renders the member unable to function as a State Police Officer and which is reasonably expected to last at least 12 months. See 11 Del.C. § 8351 (12).

6.2.1.3.2 Total Disability shall mean a medically determined physical or mental impairment which renders the member totally unable to work in any occupation for which the member is reasonably suited by training or experience, which is reasonably expected to last at least 12 months. See 11 Del.C. § 8351 (15).

19 Del. Admin. Code § 2004-6.0

25 DE Reg. 272 (9/1/2021) (final)