FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Amy H. Chang-Brown - Filing of Amendment
RECOMMENDATION:
title
Approve Applicant Amy H. Chang-Brown’s request for an extension for an additional period of sixty-five (65) days up to and including December 4, 2024 to file an amendment to the disability retirement application under Rule 13B (Allegation of New Injury or Disease), as Applicant is unable to obtain a physician’s report with the exercise of reasonable diligence, prior to the expiration of the sixty (60) day deadline of September 30, 2024. body
BACKGROUND:
On September 28, 2021, Applicant applied for a Service-Connected Disability Retirement with Supplemental Retirement Allowance. On April 6, 2023, the Board found that Applicant was permanently incapacitated for the performance of duties and granted a nonservice-connected disability retirement. The Board further found that Applicant was not capable of gainful employment and granted the supplemental disability retirement allowance with an effective date of November 20, 2021, the day after the last day of regular compensation.
Following the Board’s decision, on April 6, 2023, Applicant filed an Administrative Review of Initial Hearings form seeking review of the Board’s initial decision regarding a service-connected disability retirement. The form requested a formal hearing proceeding.
On March 20, 2024, Duane Bennett was assigned as the Hearing Officer. Mr. Bennet’s jurisdiction is set to expire on October 4, 2024.
On April 30, 2024, a Prehearing Conference was held, and the parties were provided with due dates for submission of documents. SBCERA served its Prehearing Statement and Exhibits on the parties on May 3, 2024. Applicant served her Prehearing Statement and Exhibits on SBCERA on May 24, 2024.
On July 2, 2024, the parties appeared for the Formal Hearing. Prior to any oral testimony or admission of evidence by the hearing officer, a discussion was held to clarify which injury claim Applicant was appealing in the proceeding. During the course of the discussion, it was determined that the hearing would be suspended due to an additional claimed injury alleged by Applicant. The hearing officer suspended the hearing, pursuant to Rule 13B of SBCERA’s Procedures for Disability Retirement Applications and Formal Hearings.
On July 30, 2024, the Hearing Officer issued a Memorandum of Hearing and Order to suspend the formal hearing proceeding until the amendment is filed, pursuant to the guidelines contained in Rule 13B.
Suspension of Formal Hearing:
On July 31, 2024, SBCERA sent the Notice of Suspension of Administration Appeal and Notice of Termination of Hearing Officer’s Jurisdiction, pursuant to Rule 13B, giving Applicant sixty days within which to file an Amendment to the Disability Retirement Application along with a physician’s report to substantiate the new claimed injury. SBCERA provided Applicant with the required forms to be completed for the new alleged claim. Applicant has up to and including September 30, 2024, to file the Amendment to the Disability Retirement Application.
On August 6, 2024, Applicant submitted a request for an extension to file her amendment, because she is not scheduled to see her primary care physician until the end of September and would be unable to obtain the required documentation prior to the sixty (60) day expiration date under Rule 13B.
Based on Applicant’s request, staff recommends the Board grant Applicant an extension of sixty-five (65) days, up to and including December 4, 2024, within which to file the Amendment to Disability Retirement Application. If no amendment is filed within the time prescribed, SBCERA will notify the Applicant within ten (10) days giving notice that the initial Application will be returned to the Formal Hearing process and a new Hearing Officer will be assigned consistent with Rule 11 and Rule 13B.
STAFF CONTACT:
Barbara Hannah
David Lantzer
Applicant, In Pro Per
Attorney for Respondent - Allison C. Callaghan, Esq.
ATTACHMENTS:
Exhibit A: Administrative Review of Initial Hearings Appeal
Exhibit B: Hearing Officer Memorandum of Hearing and Order
Exhibit C: Notice of Suspension of Administrative Appeal; Notice of Termination of Hearing Officer’s Jurisdiction; Notice re Filing Amendment to Disability Retirement Application
Exhibit D: Applicant’s Request for Extension