Md. Code Regs. 22.06.04.01

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

Section 22.06.04.01 - Reconsideration

A. If an applicant, in accordance with COMAR 22.06.03.03C, timely requests reconsideration of a recommendation to deny ordinary disability retirement, the medical board shall reconsider an applicant's file, including any additional evidence submitted with the applicant's request for reconsideration.

B. If an applicant, in accordance with COMAR 22.06.03.03C, timely requests reconsideration of a recommendation to deny accidental disability retirement, the medical board and the Disability Unit shall reconsider an applicant's file, including any additional evidence submitted with the applicant's request for reconsideration.

C. The medical board or the Disability Unit may take one or more of the following actions to facilitate reconsideration:

(1) Request additional information from the applicant or the applicant's employer;

(2) Require the applicant to report for an independent medical evaluation; or

(3) Suspend review for a period not to exceed 1 year until a determination can be reached regarding the effectiveness of treatment or whether the applicant has reached maximum medical improvement.

D. Submission of Additional Information.

(1) Except as provided in §C(2) of this regulation, the applicant shall submit to the medical board or Disability Unit any requested information within 45 days of the date of the request.

(2) At the request of the applicant or to facilitate its review of the applicant's Statement of Disability, the medical board or Disability Unit may provide not more than one extension of the date for submission of additional evidence for a period not to exceed 30 days.

E. At the conclusion of the reconsideration, the medical board shall certify whether or not the applicant is disabled. If accidental disability retirement is requested, the medical board shall make a recommendation whether the Board of Trustees should grant or deny accidental disability retirement. The Disability Unit shall forward the medical board's recommendation to the Executive Director for action by the Board of Trustees as provided in COMAR 22.06.05.

Md. Code Regs. 22.06.04.01

Regulations .01 repealed and new Regulation .01 adopted effective October 15, 2012 (39:20 Md. R. 1309); amended effective 43:23 Md. R. 1280, eff. 11/24/2016