ups run around

New Member
Hi,
Can someone please help me. I am a former part-time supervisor leaving ups employment December 2006 with 11.25 vested years. I am now disabled and younger than 55. I understand that under my Grandfathered Participant Document Plan I can get benefits. Not certain but think through Health and Welfare. I wrote to the Administrative Committee asking for disability benefits. The Committee partially denied my claim with a letter dated November 27, 2017 which means I loose all entitlements to disability benefits one year after if I don't file an appeal with the Courts. I've asked the Committee for UPS Retirement Plan Documents which they supplied me with the current Plan Document, a Summary Plan Description (SPD) 2001 and excerpts from the 1992 Plan Document.
I need the Plan Document disability requirements and procedures as a Grandfathered Participant part-time sup last day worked at ups December 2005.
Please help! Thank you
 

trickpony1

Well-Known Member
...which means I loose all entitlements to disability benefits one year after if I don't file an appeal with the Courts.

I think the company is betting you won't file an appeal and that will be the end of it.

I would file an appeal ASAP and send it certified mail RRR to the courts. Keep a copy for your records.

I'm not sure if this issue is within the scope of your state's insurance commission but it can't hurt to contact them also.

Simply google "(your state) insurance commission". Call/click/visit them.

The company will try to string this out in hopes you will give up.

Don't give up.
 

ups run around

New Member
I think the company is betting you won't file an appeal and that will be the end of it.

I would file an appeal ASAP and send it certified mail RRR to the courts. Keep a copy for your records.

I'm not sure if this issue is within the scope of your state's insurance commission but it can't hurt to contact them also.

Simply google "(your state) insurance commission". Call/click/visit them.

The company will try to string this out in hopes you will give up.

Don't give up.

I've been trying to find a competent ERISA / Pension attorney to file an appeal. The more than qualified attorney that responded and gave me hope, Eva Canterella, is the attorney that needs the Plan Document in order to proceed. She's about ready to give up on me because I'm unable to get the Document Plan for December 2005.

I'm not going to give up! Any information and / or advice is greatly appreciated!

Thank you so much!
 

trickpony1

Well-Known Member
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.
 

ups run around

New Member
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?
!:rolleyes:

Thank you!
 
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