Md. Code Regs. 22.06.01.05

Current through Register Vol. 51, No. 20, October 4, 2024

Section 22.06.01.05 - Effect of Not Diligently Pursuing Claim or Accepting Disability Award

A. An applicant shall diligently pursue the applicant's claim for disability retirement.

B. Subject to §C of this regulation, the Retirement Agency shall close an applicant's file if the applicant:

(1) Does not provide the Retirement Agency information or documentation requested by the Retirement Agency or the medical board within 45 days of the date of the request;

(2) Does not agree to report for an independent medical evaluation;

(3) Fails to report for a scheduled independent medical evaluation and does not request a postponement at least 5 business days before the date of the evaluation;

(4) If the Board of Trustees awards the applicant a disability retirement, fails to accept a disability retirement or a service retirement within 120 days of the date of the Board of Trustees' award;

(5) Fails to comply with any time requirement in this subtitle; or

(6) Otherwise fails to diligently pursue the applicant's claim for disability retirement.

C. Extensions.

(1) The Retirement Agency may provide not more than one extension of the date to respond to a request under §B1 of this regulation, for a period not to exceed 45 days, if an emergency or other extenuating circumstances prevented an applicant from timely responding to the request.

(2) In the case of a request to postpone an appointment for an independent medical evaluation that is received fewer than 5 business days of the date of the scheduled evaluation, the Retirement Agency may only grant the request upon a showing of an emergency or other extenuating circumstances that prevented the applicant's attendance at the evaluation. The Retirement Agency may require that the applicant make the postponement request in writing and provide documentation to support the request.

D. Effect of Closing File.

(1) If the Retirement Agency closes an applicant's file, the applicant's disability claim is terminated.

(2) Closing an applicant's file is not a final decision. The applicant may file a new disability claim if the applicant is eligible to apply at the time that the new disability claim is filed.

(3) If an applicant chooses to file a new disability claim, a new Statement of Disability and Preliminary Application for Disability Retirement must be properly completed and timely submitted in accordance with the requirements of State Personnel and Pensions Article, Title 29, Annotated Code of Maryland, and this subtitle.

Md. Code Regs. 22.06.01.05

Regulations .05 amended effective 43:23 Md. R. 1280, eff. 11/24/2016