Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
Just so I understand you, are you saying that they are refusing to give you the pension from 2006 to now because they have no record of your original 2006 application? Also, do you have a copy of your 2006 application, or any evidence that you applied back then?
You can certainly sue if necessary. It sounds like this matter comes down to the factual question of whether or not you applied for the pension in 2006. If so, then you are owed the money, and if not, then you are not owed the money. Proving that you applied in 2006 may be difficult, however, since you don't have any records of it. I don't know what the emails state, so I don't know how helpful they may or may not be. In a lawsuit, however, you can demand any and all correspondence that you sent to them from 2006 onward. Accordingly, you may find the smoking gun in their own records since they may have a copy of your application, or something else similar.
Since about $70k is at stake, this is clearly not a small claims type of lawsuit. My suggestion is to retain an attorney ASAP to demand the unpaid funds, and then to file a lawsuit if necessary.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
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