Terminated & on long term disability

[silverfox65]

I had worked for this company for over 5 years when I became very ill with a chronic illness i.e., lupus, osteoarthritis, fibro, peripheral neuropathy and diabetes. I was looking forward to receiving my retirement benefits July 2009 when I became 65 but to my surprise, I was told that I was ineligible for retirement benefits because I had been terminated. Now, the termination date was APRIL 1999 yes I said 1999 without any notification from them to me so I am receiving NO MONEY from my employer because I don't meet the retirement benefit.

Can I be denied my monthly retirement payment? I never received any notification of my termination from the company and we are feeling the pinch because of the recession and they don't have the termination letter that should be in my employee file.

I am in the process of appealing this decision and have until December 25, 2009 to submit this notification to my employer.

I just want what was promised to me. Anyone who knows about chronic illnesses, that stress really aggravates the body so I end up each day with flares from the chronic illness that I deal with each and everyday.

Thank you, silverfox65, grandmother of 13 and 3 great-grands that love me unconditionally.

 

[theretoo]

Talk to a local employment law atty ASAP, before responding to your employer and also file a complaint with EEOC.

 

[cbg]

When did you become fully disabled? Month and year, please.

 

[Green_Hornet]

Did you file for SSDI five years ago? I dont think the EEOC will turn the trick here it may violate ERISA. Any action that your employer takes that limits your benefits - such as firing or disciplining you just as you are about to receive benefits - may be an ERISA violation and should be investigated and addressed. Under your employee benefit plan, you usually have the right to healthcare benefits, even when you have developed a major illness. You may have the right to collect disability or insurance benefits, even if your employer feels your problem does not warrant it. And as a vested employee, you may have the right to collect pension benefits, even though you have not worked for the company for decades.

ERISA present very unique legal issues. The standard of review depends on the kind of claim that is made. Recently, there have been a number of class action cases against employers who either bankrupt or diminish or alter benefit plans. The Ninth Circuit has provided some clarification on standard of review, but it is limited to a particular kind of benefit claim.

On a side note (may pertain may not) In October the U.S. Department of Labor ("DOL") issued its final rule on cross-trading of securities for actively managed ERISA-covered accounts. This rule was adopted pursuant to the statutory cross-trading prohibited transaction exemption set forth in Section 408(b)(19) of ERISA, which was enacted as part of the Pension Protection Act in 2006.