Expert: Allen - 6/25/2007

Question
I'm now POA for my grandmother.  I just learned she NEVER collected on her union pension. Grandma is now 85 and actually turning 86 in two weeks.  She worked in the Union approx. 25-28 years.  Grandma retired in the 1970s and began collecting disability due to a blood clot.  I asked her the other day why she did not collect and her simple answer was I didn't realize I would receive it because she was on disability.  Anyway, will I be able to collect back payments from her Union?  Thank you for your assistance.

Answer
I believe you will be able to collect. Contact the union ASAP. If they are not cooperative contact the local office of the U.S. Dept. of Labor - Employee Benefit Security Administration and they will help your grandmother.

If the government acts slowly, you can always hire a lawyer who is knowledgeable about ERISA matters. However I would avoid using an attorney unless it's absolutely necessary. Note that the union may have breached it's fiduciary responsibility by not writing your grandmother when she reached retirement age under the terms of the plan.