01-0077 Nicoletti v. Teachers Retirement Board, et al.

Listen to this article

Toni Nicoletti applied to the Wisconsin Department of Employee Trust Funds (DETF) for a disability annuity under Wis. Stat. sec. 40.63 (1999-2000). Initially, her claim was denied, but following an administrative appeal and the submission of additional medical reports, benefits were awarded, retroactive to the date she applied. Nicoletti then moved for costs, including attorney fees, pursuant to Wis. Stat. sec. 227.485(3), which motion was denied by the Teachers Retirement Board. She appealed first to the circuit court and now to us. We conclude the board did not err in concluding DETF was substantially justified in initially denying her benefits because she had not provided evidence from a second physician that she was disabled within the meaning of sec. 40.63(1)(b).

Therefore, we affirm the order of the circuit court, which affirmed the board’s denial of her request for costs and fees. Not recommended for publication in the official reports.

Dist IV, Dane County, O’Brien, J., Roggensack, J.

Attorneys:

For Appellant: William Haus, Madison; Michael E. Banks, Madison

For Respondent: Robert F. Weber, Madison; L. Jane Hamblen, Madison; Bayfield School District, Bayfield