Legal Question in Elder Law in Florida

Pension beneficiary

My father was contacted by Union 1199 regarding my mothers pension which she never filed to collect whenn she retired in 1996. She died in March 2003. They told my father he is the beneficiary and would collect her pension. They sent him forms to fill out had him send copies of his & my mothers birth certificates and SS cards etc. Initially the said he would be getting a retroactive check for what she never collected over all these years and now they are telling him he will only get retroactive from March of this year which is when they first contacted him. My mom worked in a hospital in NY for over 15 years and they moved to Hollywood Florida when my dad retired over 20 years ago. Is my father eligible to receive the retroactive money from when my mom started collecting her SS checks in 1996 when she retired? It seems all my dad can get is a run around from these people. They don't tell him how much he will be getting or even approximately when. Dad is 83 years old and isn't saavy on how this works. Do I need to hire a pension lawyer in his behalf?


Asked on 9/21/07, 9:06 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Pension beneficiary

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You should consult with a lawyer who has particular knowledge about pensions. Explain what happened and the lawyer can let you know whether or not it would be worthwhile to file an action to seek all monies that should have been paid since her retirement or if she forfeited her right by failing to file sooner.

Scott R. Jay, Esq.

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Answered on 9/21/07, 11:15 pm


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