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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33904
Experience:  Employment Law Expert
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My 83 year old mother was offered a lump sum payout of my

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My 83 year old mother was offered a lump sum payout of my Dad's pension from Alcatel. I called for her to request the lump sum payout which Alcatel acknowledges, but they were sending her a document that had to returned by a certain date. She does not recall receiving the document and they are denying her the lump sum payout. She has appealed the decision two times and they still denied her the payout. I am astonished because she clearly stated her intentions - which they agree that she did. They are just sticking to the fact that she did not return this document, that she is not sure she received, by a certain date. Does she have any other options?
Thank You
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The only other option she has, outside of the company agreeing, is to file a lawsuit. Unfortunately, this involves apart of the law known as ERISA and there are very few lawyers that do this kind of work. She cna find one by going to and in the section for Area of Practice enter ERISA.

The lawyer will then advise her as to how the lawsuit must proceed. It has to be brought in federal court and you are essentially just asking the court to make a finding that the employer never sent her the paper but if they had then she would have elected to take a lump sum payout (if that's what she wanted).

With them admitting that she told them she wanted the lump sum payout, assuming they still do, then the judge's order will allow them to make the distribution. They can't right now because they would be going against the requirements of the plan.