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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111683
Experience:  20+ Years of Employment Law Experience
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I was awarded social security on 2013 and and partial back

Customer Question

I was awarded social security on 2013 and and partial back to June 1 2011 but my last day worked was 6-1-2011 where I was benched do to being under doctors care and that lasted until I went all thru 2012 and in 2013 wear I was taken to the hospital and was in icu for 58 days lost my pancreàse and two heartattacks
The was in a coma for 5 months so I applie for social security and judge kelly Fitzgerald awarded me on 2-14-14 so I filed for my pension thru the union boilermakers and was denied because they said I had no hours worked in 2012 witch I was benched and under dr care witch it says in the rule book guidelines so if I was awarded sson the last day of 2011 it would have been no problems but since I could no work in 2012 how was I supposed to get 1200 hrs in twelve they denied me my pension how was I supposed to get 1200 hours when I was benched and under doctors care that's my problem how can I get my pension
My name is***** phone 561-7/3-1930
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Besides the fact you did not work in 2012, why are they saying you cannot get the union pension, is it because you are not vested in the pension plan because you did not work enough years to qualify? There has to be more than you just did not work in 2012, which we need to know.
Customer: replied 10 months ago.
Being that I wasn't awarded full ss to 2011 they the union said I would need 1200 hours in 2012 but according to the rules as long as your under dr care and benched how was I supposed to get the 1200 hours and in 2013 I went down died and and the whole bit coma and all year in the hospital
Customer: replied 10 months ago.
Do I get a second answer
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply. Sorry for the delay, we are working with multiple customers and they all deserve the same time you deserve.
If the union rule is that if you are out with a medical condition you are to get your credit for 1200 hours and they are not granting you those hours, your first step is you need to send them a letter stating you are filing the letter as a written appeal of their denial of your benefits. You need to attach proof of all of your medical issues to the letter and tell them that pursuant to the union rule you should have the 1200 hours credited because of the medical disability. If they deny that appeal once you submit all the documentation, you only remaining option is you have to sue them for breach of contract and get the court to order them to award you the time based on the contractual agreement saying they should credit the 1200 hours for 2012 based on the medical condition.