The LACERA Disability Litigation Office is sending you this information because:

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3 The LACERA Disability Litigation Office is sending you this information because: The Board of Retirement denied your application for disability retirement You appealed the denial An attorney does not represent you And you decided not to attend the procedural conference You should consider obtaining the assistance of an attorney because, although the Disability Litigation Office tries to make the process as userfriendly as possible, it is still a complex legal process. Your interests would be best served if you were to be represented by an attorney experienced in handling disability retirement appeals. However, you are not required to have an attorney. If at any point during the process you decide to obtain legal representation, there are a variety of ways to find an attorney experienced in handling disability retirement appeals, including, but not limited to, obtaining a referral from your union or obtaining a referral from a local bar association such as the Los Angeles County Bar Association. Note: If you are not represented by an attorney, you cannot be represented by a non-attorney such as a friend or a relative you must represent yourself. How to Proceed Without an Attorney The following information is a summary of the hearing procedures for a LACERA member whose application for service-connected disability retirement has been denied by the Board of Retirement and who chooses not to be represented by an attorney. Required Action In the appeal process, you have the opportunity to present your case anew to a neutral referee at an administrative hearing. However, in order for this to happen, you must take the required steps. Your case will not move forward unless you take action. 2

4 If you want to move your case forward to an administrative hearing, you must submit your prehearing statement and your documentary evidence. Your case will not be set for an administrative hearing until you submit your prehearing statement and documentary evidence. The Prehearing Statement Rule 5 requires that you submit copies of your prehearing statement and your medical exhibits to the referee and the respondent s attorney. The following information must be included with your prehearing statement. 1. A statement of the issues. 2. A list of the medical reports and depositions of medical witnesses on which you will rely. You must attach copies of your listed medical reports and depositions of medical witnesses to the prehearing statement. 3. The names, business addresses, and telephone numbers of any witnesses whose testimony you intend to present at the hearing, and a synopsis of their expected testimony. The synopsis will be considered complete if you state what facts the witness is expected to testify about. Remember, it is your responsibility to obtain and submit the requested information and documents. Similar papers in your Retirement or Workers Compensation files will not be automatically entered into evidence. Making Arrangements for Your Hearing After your prehearing statement and exhibits are filed, LACERA s attorney has 90 days in which to file his or her prehearing statement and exhibits. After LACERA s prehearing statement and exhibits are filed, you must within 30 days contact LACERA s attorney and the referee to arrange for a hearing date. 3

5 Your Hearing Hearings are held at LACERA, the Gateway Plaza building at 300 N. Lake Avenue, Sixth Floor, Pasadena, California At the hearing, you can present documentary and testimonial evidence to the referee. If you wish to insure that a witness comes to the hearing to testify, you may ask LACERA s Disability Retirement Services to prepare a subpoena for you. You must then serve the subpoena on the witness or have someone else serve it for you. You are required to prove three issues: 1. That you are incapacitated from the performance of your usual duties 2. If you are seeking a service-connected disability retirement, you must also prove that there is a real and measurable connection between your incapacity and your employment. In other words, you must prove that your incapacity is work-related. 3. If you requested the option of an earlier effective date in your application, you must prove that you are entitled to the option of an earlier effective date. After the hearing, the parties can present written or oral closing arguments to the referee. Thereafter, the referee will consider all the evidence and render a decision to the Board of Retirement. The Board of Retirement will make the final decision on your application. Dismissal for Lack of Prosecution Please note that Rule 32 states, in part: (a) The applicant s case shall be dismissed with prejudice if the applicant fails to: 1. File a prehearing statement pursuant to Rule 5 within 30 months from the date the applicant is notified of the assignment of the referee, or 4

6 2. Commence a hearing within 3 years from the date the applicant is notified of the assignment of the referee. Commence a hearing means completion of at least one day of hearing where evidence and testimony is presented to a referee. If you do not comply with Rule 32, your appeal will be dismissed for lack of prosecution. Please note that LACERA staff is prohibited by law from giving legal advice. If you have any questions about these procedures, please contact the Disability Litigation office at Extension

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