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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12250
Experience:  JD, MBA
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I worked same company years. I became disabled & was

Customer Question

Hello, I worked for the same company for 27 years. I became disabled & was declared disabled & started recieving my SSI is 2006. I was told by my company to apply for my pension also & I did & was turned down in 2006. I was told in 2014 by a friend who I worked with that I should not have been turned down. So I reapplied for my pension again in 2014 This time they told I was approved & that my pension payments would be retroative from 2006.. I was expecting them to do the right thing & after two months, they came back & told me that I would receive any retroactive payments & my first application is not there..So now IM screwed out of pension payments that I was entitaled to since 2006.. Is there anything I can do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

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?

Customer: replied 1 year ago.
I have no copies, I lost all my records when my home was flooded out from hurricane Irene. They did know that I applied back then & told me that my pension would be rectroactive from 2006 & at the last min, they told me it would not be retroactive from 2006 & from my current/last application that was approved. I have saved ever email they sent mo concerning this issue. I strongly feel, that I have lost at least $70,000.00 in retroactive pay. Living in NJ doesnt help matters either :(
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

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.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!