If she is "more than qualified" then she should know all she has to do is file a "motion to produce" that document with the courts.
I would think a letter from her, on letterhead, asking the company for that document would get the company's attention.
It's obvious the company isn't being open, forthright and honest.
Good luck.
If she is "more than qualified" then she should know all she has to do is file a "motion to produce" that document with the courts.
I would think a letter from her, on letterhead, asking the company for that document would get the company's attention.
It's obvious the company isn't being open, forthright and honest.
Good luck.
I have been extremely fortunate that Ms. Cantarella
Top Rated Bloomfield Hills, MI Employee Benefits Attorney | Eva Cantarella | Super Lawyers has been more than helpful and generous using her resources and offering advice on which Plan Documents she will need allowing me to do the "leg work" so that I may curtail expenses and not waste her valuable time.
I have an array of disabilities including PTSD, ADHD, Depression, Fibromyalgia, Barrette's Esophagus to name a few. Unfortunately my disabilities greatly hinder my cognitive skills and I am quite overwhelmed but will not quit until I receive the benefits I earned and deserve after working in that UPS hell hole.
Yesterday while researching I found employer procedure regulations and Q & A pertaining to disability benefit regulations pertaining to me from the
Compliance Assistance Group Health and Disability Plans Benefit Claims Procedure Regulation (29 CFR 2560.503-1)
Q-A9: What benefits are “disability benefits” subject to the special rules applicable under the regulation for disability claims? A: A benefit is a “disability benefit” under the regulation, subject to the special rules for disability claims, if the plan conditions its availability to the claimant upon a showing of disability. It does not matter how the benefit is characterized by the plan or whether the plan as a whole is a pension plan or a welfare plan. If the claims adjudicator must make a determination of disability in order to decide a claim, the claim must be treated as a “disability claim” for purposes of the regulation. As the Department stated in the preamble to the regulation, 65 FR at 70247, n.4, “where a single plan provides more than one type 5 of benefit, it is the Department’s intention that the nature of the benefit should determine which procedural standards apply to a specific claim, rather than the manner in which the plan itself is characterized.” Accordingly, plans, including pension plans, that provide benefits conditioned upon a determination of disability must maintain procedures for claims involving such benefits that comply with the requirements of the regulation applicable to disability claims, including the requirements for de novo review, the consultation requirement for medical judgments, the limit on appeal levels, the time limits for deciding disability claims, and the disclosure requirements in connection with extensions of time.
However, if a plan provides a benefit the availability of which is conditioned on a finding of disability, and that finding is made by a party other than the plan for purposes other than making a benefit determination under the plan, then the special rules for disability claims need not be applied to a claim for such benefits. For example, if a pension plan provides that pension benefits shall be paid to a person who has been determined to be disabled by the Social Security Administration or under the employer’s long-term disability plan, a claim for pension benefits based on the prior determination that the claimant is disabled would be subject to the regulation’s procedural rules for pension claims, not disability claims.
The above italicized wording requiring the Social Security Administration is to determine disability pertains to my situation. Thus, I applied for a disability benefit and was partially denied. I understand this to mean that I should apply for pension benefits under the plan.
Should I just submit a formal request for pension benefits?!
Thank you!
