Accepted Answer

Thanks for the question.

 

You're exactly right - it's best to get this corrected as soon as possible.

 

I agree with you that filing a lawsuit under ERISA law is an option, but it should be last resort.

 

You can get this squared away, but you need to follow these steps.

 

First, contact the Director of Personell's recprionist and in a very polite way, and ask to speak to the director. The assistant may actually work for you on behalf of the director, and that's fine. Now, the assistant or the director should help you, because you have a legitimate issue and they are at fault. The last thing they want to do is cheat someone on disability. In the rare case the director or the assistant to the director does not help, you can go up another management to the CEO level if you need to.

 

 

Next, if that doesn't work, consult a non-profit arbitration company to hear both sides of the story and make an impartial ruling. They will fold if they get the arbitration notices. Here's a link for your reference.

 

 

http://www.adrforum.com/

 

 

 

Lastly, you can also have a local attorney send a demand letter to restore your correct benefits. These letters are inexpensive and usually get the job done.

 

 

I hope this helps and remember they will almost always help you in a situation like this but you need to put pressure on them to do so. Furthermore, they know the negative public perception and they also know they don't have a leg to stand on, but it may take a little pressure for them to fold.

 

Regards.

Expert:	James Heal
Pos. Feedback:	100.0 %
Accepts:	495
Answered:	9/15/2009

Financial Advisor

15 years expertise in all ares of personal finance, including credit cards, mortgages, real estate.