The Article 78 Proceeding and the Appeals Process. Suing the city to overturn the denial of your disability pension application.

Sometimes, when your disability pension application is denied, your only option is to take the city or state agency that denied your disability pension application to court for a judicial review of your application.  In this process, the first step is called an "Article 78 Proceeding."  This is a special kind of lawsuit in which an agency's action (here, the denial of your pension benefits) may be brought before a State Court judge empowered to review the propriety of that action.  In some Article 78 Proceedings it is possible to obtain not only an annulment (reversal) of the denial of your disability pension benefits, but the award of your disability pension benefits "as a matter of law."  Many firms do not have the experience necessary to successfully handle this type of lawsuit (or the appeals they often generate) and therefore offer only "application services."  Others avoid offering this service because disability pension Article 78 Proceedings are so highly labor intensive relative to the much simpler, and quicker, application process.  By contrast, at G&M, we routinely draft, serve and orally argue disability pension Article 78 Proceedings in the courts on a wide variety of disability pension cases, and welcome all types of disability pension cases (as long as they are viable).  So, whatever your type of disability pension matter, whether in the application stage, administrative hearing stage, the litigation stage or the appeal stage, we’ve got you covered.