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Board attorney outlines informal hearing process, burden of proof and appeal options
Summary
At the Sept. 16 hearing, Pedro, the pension board attorney, explained that the informal hearing differs from a formal administrative hearing, described the three possible board motions, and said the member must prove disability by a preponderance of the evidence; an appeal would go to circuit court.
Pedro, counsel to the City of Edgewater Police Officers Pension Board, opened the hearing by explaining the purpose and legal contours of an "informal" disability hearing and why the Board sometimes prefers it to a formal administrative hearing. He said a formal administrative hearing typically includes a court reporter and special counsel and is more costly, while an informal hearing can reach a final, meaningful decision.
Pedro walked trustees through the three outcomes they could adopt — grant, deny, or table the application — and described the appeal path if the Board denied benefits: a formal administrative hearing followed by a possible appeal to the circuit court, where a judge would issue a recommended order back to the Board. He also explained the burden of proof: the member must show by a preponderance of the evidence (greater than 50%) that she is totally and permanently incapacitated from performing police duties and that maximum medical improvement has been reached.
Pedro summarized the records in the packet (job description, medical records, an "Issues Before the Trustees" checklist) and asked trustees to answer a five‑question flow to guide their decision. He reminded trustees that periodic verification of continued disability may be required after an award and that any workers' compensation settlement must be reported because it could create an offset against pension benefits.
