How 7 minutes could cost a trooper’s widow millions

NY Post ^ | April 27, 2014 | Susan Edelman

[Oshkalaboomboom]

On Dec. 7, 2009, New York State Police narcotics investigator Richard O’Brien fell off a ladder while fixing his mother’s roof.

He lived for only three more hours after the fall — but in that brief time, fellow troopers tried to have him retired on disability.

Now, Stephanie O’Brien, his widow, is fighting in court, saying a faulty fax machine and a measly seven minutes mean she and the couple’s daughter would get a $342,000 death payout — rather than lifetime benefits that could total in the millions.

The case is the first involving an officer filing for a disability retirement on the day of his death, lawyers said.

[Oshkalaboomboom]

Another example of the ingrained culture government employees live in where they see taxpayers as a big pail of money to dip in to. Us peons buy life insurance in case disaster strikes. We don't rush to find a fax machine so we can file for disability and retirement benefits as we lay dying.

[GeronL]

wow

[SampleMan]

Wow, the grievance is that they weren’t quite able to circumvent the system to enable them to bilk the tax payer for a greater payout.

[rjsimmon]

A similar situation happened with several National Guardsmen a while back that were called to Active Duty. They all signed their SGLI forms (life insurance) and submitted them to their S-1 (admin) on the same day that they shipped off to Iraq. Their aircraft suffered a mishap and all perished. The court ruled that their intent was to be insured and therefore their spouses received the SGLI. That should be precedent for this case.

[Georgia Girl 2]

Slap if I’m out of line here but I don’t think that disability benefits are designed as last minute life insurance. $342,000 invested wisely should keep his family off the streets. If I fall off a ladder tomorrow my heirs are not getting that much.

[fwdude]

Most giverment employees know how to milk the system.

[Gay State Conservative]

If his death was in the line of duty I'd feel differently.Even if he was in uniform hanging out at the local Dunkin Donuts I'd feel differently.But falling...while fixing a roof? First of all roofing is one of the most dangerous occupations in the country.If I know that he certainly would have.Roofing is a job best left to professionals.But it's the fact that he was off duty...not the fact that he was foolish...that affects my attitude.

On duty...she gets the pension.Off duty...sorry,sweetheart.

[4rcane]

sorry, I can’t take her side on this. The retirement payout is already too much. Doesn’t look like a safety net to me, to make sure ppl don’t starve. It look like a very comfortable retirement lifestyle with that sort of payout

[ansel12]

This needs to be investigated, and the fraudsters need to be fired if not charged, and the system overhauled.

[cuban leaf]

I agree with the decision in this case. However, if, lying on the ground and dying, one of them trys to get insurance, I think his lying there bleeding to death should be considered a “pre-existing condition”.

Rushing to get any type of insurance on someone who is in the throes of death is unethical.

[pgyanke]

Not the same. They signed and submitted their life insurance paperwork to be covered on active duty... and then died on active duty before all “technical” requirements had been met. There is such a thing in the insurance industry of “constructive receipt” that says a reasonable person would assume they were covered if they had fulfilled all that was required of them to be covered.

In this case, the family is entitled to a death benefit. What they (and the department) tried to do was arrange a switch to get the officer’s family a higher benefit on the backs of the taxpayers. There was no line of duty injury and no medical retirement... they just tried to make it look on paper like there was.

I have a great deal of sympathy for their situation... but none for their attempt to milk the system.

[Gay State Conservative]

That should be precedent for this case.

Nope...nope...NOPE.Apples and oranges.Those Guardsmen,first of all,were heading into combat.This guy was fixing a roof.Second,those Guardsmen were **ON DUTY**.This guy wasn't.Yes,the Guardsmen absolutely should have gotten that money.And if the cop was on duty,I'd be willing to overlook the technicalities regarding filing deadlines,etc and give his widow the money.

But the guy was off duty.In such a case,rules are rules.No money for the widow.

[eyeamok]

Sounds like just plain old FRAUD on behalf of every Jack Booted Thug involved and the widow. LIFE IN PRISON for the whole bunch.

[wideawake]

His death was pretty much negligent suicide, if such a thing existed.

I understand why his wife was desperate to milk the taxpayers for every last penny - it was not just, but it was understandable.

All of those state employees working - for once - as hard as they could, to help bleed the system is repulsive.

Especially since the revelation of kickbacks in the NYC system.

[dblshot]

Should have road him around in the ambulance until the paperwork was filed. It’s been done before.

[wideawake]

No, I agree with GSC here.

Those Guardsmen were rushing into danger.

This guy was on his own time, stupidly trying to fix a roof.

[Theoria]

'At that point, the 14-year police veteran became ineligible for retirement. The state Comptroller’s Office offered Stephanie a death benefit — three times O’Brien’s last 12 months of pay. But the disability benefits could have amounted to much more — $3.3 million if Stephanie, now 36, lives to age 86.'

BS.

[for-q-clinton]

This is theft from the taxpayers.

[nuconvert]

I Don’t see the 2 situations as similar

[caver]

More crooked cops trying to rip off the taxpayers.