If you are a pedagogue whose LODI has been denied for 20 consecutive days or longer, and you apply for an appeal within ten days of receiving official notice of that denial, then you are now eligible for medical arbitration. Read an explanation of the arbitration process »
You have two separate tasks to perform in order to properly apply for arbitration and clear up the gap in your service record that has been created by your LODI denial. To fill that gap, you should apply for a special form of health leave called a restoration of health pending medical arbitration, or an “arbitration leave” for short.
Your first task involves a paper application that must be filled out properly and uploaded into the HR portal (described below). The second one involves SOLAS, where you will apply for the arbitration leave mentioned above.
First, the paper form. Download the application for medical arbitration. Fill it out, making sure to check the box “LODI” and include the dates that were denied. If you are still out of work, place the words, “to present” on the end date line. That will let the DOE know you are arbitrating for a longer period than the one they initially denied. Choose the medical specialty of the arbitrator you would like to decide your case, usually an orthopedist. Next, include the name of your doctor that you would like the arbitrator to speak with. Finally, upload the form into your HR portal and send a copy to MLR [at] schools [dot] nyc [dot] gov (MLR[at]schools[dot]nyc[dot]gov).
Next is SOLAS. Once you upload your application, the DOE should send you an eligibility letter within a day or so stating that you have fulfilled the requirements to proceed. When you apply for the arbitration leave on SOLAS, it will ask you if you have received the letter. If several days have gone by and you have not received it, apply for the leave anyway and upload your actual application itself, as the DOE will accept either. Select the dates when your LODI was denied. If you haven’t gone back to work yet, select a future end date. You can always go back to work early with a letter from your doctor.
You must upload medical documentation into SOLAS to support your arbitration leave, which you already have since you used it to apply for your LODI. Simply upload the document that contains your diagnosis. If you have more recent, up-to-date medical information, then upload that too.
Once your leave is approved, you will be placed on the list for medical arbitration. Currently the wait is very long, up to a year or more. While you are waiting, upload any new medical documentation you have into the HR portal so it can be added to your case.
An arbitration leave is taken without pay, so after you run out of CAR days, you will come off payroll. At that point, you are eligible to receive disability payments from the UFT Welfare Fund in the amount of $575/week for up to a year. Your medical benefits will also be extended for a year. Call the Welfare Fund at 212-539-0500 to receive disability application information.
Lastly, if you need assistance, contact Thomas Bennett, the liaison to the DOE medical office. He can be reached at tbennett [at] uft [dot] org (tbennett[at]uft[dot]org).
Steps to upload documents onto the HR portal:
1. Visit the DOE HR Connect Portal.
2. Log in using your Department of Education (DOE) employee credentials, or via the non-employee link if you do not currently work for DOE. (Note: If it is your first time logging in as a non-employee, you may need to create an account.)
3. Use the search tool to find any information, instructions and forms related to your request.
4. When you are ready to submit your request, click on the “Upload Documents” link located on the header of any page.
5. Complete the form and attach your documents. You may return to the HR Connect Portal at any time to check the status of your request. Simply click on the “My Account” link in the upper right corner and select “Account Overview.”