The Public Safety Officers' Benefits (PSOB) Program provides disability benefits to public safety officers who have been permanently and totally disabled by a catastrophic personal injury sustained in the line of duty if that injury permanently prevents the officer from performing any substantial and gainful work. Medical retirement for a line-of-duty disability does not, in and of itself, establish eligibility for PSOB benefits.
Who is eligible?
How do I apply?
How is payment received?
Questions and Answers
Eligibility
PSOB Disability Program beneficiaries must comply with the PSOB Office's administrative review process by producing sufficient evidence to show that the public safety officer suffered a permanent and total disability as the direct and proximate result of a catastrophic injury sustained in the line of duty.
Most public safety officers (federal, state, and local law enforcement officers, firefighters, and members of public rescue squads and ambulance crews) are covered for catastrophic personal injuries sustained on or after November 29, 1990. As of October 30, 2000, employees of the Federal Emergency Management Agency (FEMA) and state, local, and tribal emergency management and civil defense agency employees working in cooperation with FEMA are considered to be public safety officers under the PSOB Program, provided they were performing official, hazardous duties related to a declared major disaster or emergency. Retroactive to September 11, 2001, chaplains also are included in the definition of a public safety officer. All line-of-duty injuries that result in a disability retirement are not necessarily covered under the Public Safety Officers' Disability Program. The injury has to prevent the public safety officer from performing any substantial and gainful work.
Applying for Disability Benefits
If mentally and physically able, the permanently and totally disabled public safety officer may file a claim directly with the PSOB Program Office. Otherwise, a legally appointed representative or the public agency where the permanently and totally disabled public safety officer was employed may file on the officer's behalf. The public safety officer must be medically retired from his or her employing agency for the line-of-duty injury he or she sustained, and the public safety officer must be receiving the maximum compensation for a permanent and total disability from his or her benefit provider. A benefit provider may be a retirement fund through the department or workers' compensation. Social Security does not count as a benefit provider.
The prerequisite disability certification (PDC) is the first process the public safety officer must satisfy before a claim is initiated. When the public safety officer or the officer's representative calls the PSOB Office to request an application, the PDC letter is sent if the officer's line-of-duty injury occurred on or after November 29, 1990. The letter describes exactly what the officer has to submit to meet PDC criteria.
If the public safety officer has met PDC criteria, a claim is initiated and the PSOB Office will request specific documentation to support the claim, including an investigation report and medical records. The public safety officer and his or her former agency also must complete the "Report of Public Safety Officer's Permanent and Total Disability" claim form. This form, in conjunction with the supporting documents, is used to determine the officer's eligibility.
When the PSOB Office has received all the claimant's documentation, the medical records will be forwarded to its medical consultant. The consultant will review the claimant's records and submit a written report within 45 days to the PSOB Office identifying whether the claimant is permanently and totally disabled in accordance with the PSOB Act (42 U.S.C. 3796).
The PSOB Office will prepare a determination based on the medical consultant's findings and other requisite information. The determination is then sent to the Office of Justice Programs' Office of General Counsel for review and concurrence and to ensure that all legal requirements have been met.
Payment of Disability Benefits
The claimant is notified of the decision in writing. If the decision is favorable, the payment will be made through the U.S. Department of the Treasury either by direct deposit or by check mailed directly to the claimant's home address (provided on the "Report of Public Safety Officer's Permanent and Total Disability" claim form) within 14 business days after the claimant's receipt of notification. If direct deposit is desired, banking information will be required. If the decision is unfavorable, the claimant will receive the grounds for that finding and have 30 days from receipt of notification to request an appeal of the decision and offer any new evidence or line of reasoning on the issues in controversy.
Questions and Answers
Question:
My line-of-duty injury occurred in 1989, but I was not medically retired until 1991. Can I apply for the disability benefit?
Answer:
PSOB's Disability Program was enacted on November 29, 1990. The line-of-duty injury had to occur on or after that date. Eligibility is determined by the date you were injured, not the date you were medically retired.
Question:
If I meet the requirements of the prerequisite disability certification, does that mean I will receive the disability benefit?
Answer:
No. Meeting the requirements of the prerequisite disability certification only enables you to initiate a claim.
Question:
I was on duty and hurt my back. My doctor says I am permanently and totally disabled. Do I now qualify for the benefit?
Answer:
Your doctor's evaluation is very important to our medical consultant when he or she conducts a record review, but it is not the deciding factor as to whether you will be awarded the disability benefit.
