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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5565
Experience:  Exclusively practice labor and employment law.
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I filed retirement in October 2014 reasons, I was approved

Customer Question

I filed for my retirement in October 2014 for disability reasons, I was approved for Social Security disability and received it already. My vested company retirement after 38 years has been held up due to insurance company ( the Hartford ) and now it is in the hands of some other company. My original start date was suppose to be October 2014 with signed paperwork at the company I used to work for. Now they want my start date to be February
2015 with a pay start of November 2015, it is not very much of a company pay out but as I have noticed that every little bit helps when it is time to pay the bills. My age at present is 62 years old and I am receiving Veterans benefits as well, my question is how or what are my options. Thank You for your time BuddySkaggs.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today

The plan, by law had 90 days, with the ability to extend that another 90 days, to approve or deny you claim and start either paying benefits or allow you to appeal the decision internally. If denied you have 60 days to submit an appeal and the plan gets 120 days from then to grant or deny your appeal. So as you can see, absent anything, the plan at the very least gets 180 days to start payment or deny it. Then it can be as long as another 180 days to appeal.

It appears a violation of law (he Employee Retirement Income Security Act (ERISA) occured when the plan a) failed to give you notice of its granting benefits within that 180 days. Second, they cannot wait that long (they only have 60 days from approval to pay out benefits) to pay your benefits to you. So, at this point, you need to appeal internally to the plan, under its procedures. This is a complicated process and I'd encourage you to either enlist the free help of the department of labor (which you can find here:http://www.dol.gov/ebsa/contactEBSA/consumerassistance.html) or retain a benefits attorney in your area. You'll need to get a copy of the plan and whatever provisions the plan purport to be relying on in its benefits determination and lack of timeliness.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
Thank you for your help,I will contact legal help with this matter.
Expert:  John replied 1 year ago.
You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.
Customer: replied 1 year ago.
Quick and detailed response was appreciated thank you
Expert:  John replied 1 year ago.
Thanks!