Man files court action again to force Fund to pay his benefits

A man who has a claim for disability filed a petition in the Superior Court to compel the Retirement Fund’s board of trustees and administrator Mark A. Aguon to immediately pay him his disability retirement benefits.

Jesus A. Arriola, through counsel Jeanne H. Rayphand of the Northern Marianas Protection and Advocacy Systems Inc., asked the court to order Aguon to pay him the sum of 66 2/3 percent of the salary he was receiving at the time of his disability and separation from service of the government.

“Commonwealth law requires that retirement and disability payments commence on the very next pay day following the retirement or disability so that government employees who are members of the Retirement Fund do not have a break in income and so they and their families do not suffer from loss of income whenever the administrative processes are delayed,” Rayphand said.

The lawyer said that Arriola has been deprived of disability retirement income since June 20, 2008.

Arriola previously filed the same petition but in September 2008, associate judge David Wiseman denied the request.

Wiseman ruled that Arriola has been unable to obtain certification of his disability from a vocational rehabilitation counselor.

Wiseman said the petitioner has also failed to establish that he has a clear legal right to the relief sought.

Wiseman, however, urged the Fund to act with all due urgency to approve or disapprove Arriola’s disability application without further delay.

In the new petition, Rayphand said that subsequent to Wiseman’s denial of the petition, the Fund hearing officer entered an order granting Interim Disability Payments dated Nov. 1, 2008.

Rayphand said the Fund has appealed the hearing officer’s decision to the NMIRF board of trustees and the board has set a hearing on the appeal on Jan. 13, 2009.

“Mr. Arriola has been unemployed as a result of his disability since June 2008 and the NMIRF Administrator has refused and continues to refuse to pay him disability retirement as well as interim disability payments pending the NMIRF board of trustees’ final decision on appeal of the denial,” said Rayphand.

Rayphand said that on Nov. 7, 2008, Public Law 16-19 was signed into law, eliminating the need for a vocational rehabilitation counselor to certify whether one has a disability or not.