DI 52135: State Specific Public Disability Benefit (PDB) Procedures
New York established a temporary disability (TD) program in 1949. Disability Benefits Law (DBL) is a state program designed to provide employees with some level of income replacement in case of a non-work related disability.
State law provides for up to 26 weeks of TD benefits. The normal waiting period for DBL benefits to start is 7 days. Carriers may offer benefits that extend beyond the statutory DBL coverage known as enhanced or enriched DBL. This extended coverage usually takes the form of a higher maximum benefit, but can also include shorter waiting periods or a longer maximum duration.
A. Policy – When receipt of New York TD causes offset
The State reduces TD benefits due to receipt of Social Security disability insurance benefits (DIB) if both benefits are for the same impairment or disability. This is reverse offset.
Assume the same impairment or disability is the basis for both benefits absent evidence to the contrary.
B. Imposing and removing offset
1. Different impairments:
Verify the ending date.
Remove offset as of the ending date.
2. Same impairments:
Code reverse offset per DI 52105.001E.3.
C. Maximum weekly benefit rate
This table shows the maximum weekly TDI rates and maximum duration:
|TDI Disability Occurs||Weekly Maximum||Paid Up To|
DI 52105.001 - Reverse Offset Plans
New York WC glossary of terms http://www.wcb.ny.gov/content/main/TheBoard/glossary.jsp,