Pension Benefits Spotlight

SBLS Attorney Helps Out-of-State Woman Receive Pension Benefits

A woman who had formerly lived in New York many years ago before being divorced recently received aid from South Brooklyn Legal Services. The husband worked for the state and is currently receiving a pension from the New York State and Local Retirement System.

After the couple separated, the woman went to Chicago and the man went to North Carolina, where he obtained a default divorce. The woman received aid from Chicago Legal Services in filing to prove her changed relationship status, but the New York state pension board wouldn’t recognize the filing because it wasn’t from a New York court and the man hadn’t lived in the state for so long.

However, SBLS attorney Christopher Dagg of the Pension Benefits unit and Ermela Singh of the Family Law Unit helped the woman with her filings. They got an order from a Brooklyn court recognizing the divorce. The woman is now receiving monthly $660 checks from the state pension fund, doubling her income.

(Pension Benefits)

Woman Refunded For Pensions Owed to Deceased Husband

Pension benefits attorney Christopher Dagg represented an elderly woman whose husband received pension benefits from 1993 until his death. The client had been prevented from receiving a pension because some erroneous documentation indicating that her husband was receiving a separate guild pension plan. Dagg was able to secure a retroactive award from the employer. The client received a lump sum of roughly $50,000 and was thrilled.

(Pension Benefits)

Man Fired For Election Day Altercation Exonerated, Receives Benefits

A man who was fired from his job as a driver after an altercation at work that started during November’s presidential election was accused of misconduct and disqualified from claiming benefits. SBLS staff attorney Christopher Dagg represented Mr. W in arguing that he did not provoke the incident.

Working as a driver for nine months prior to Election Day 2008, Mr. W was watching election coverage with some coworkers on November 4, 2008. A female coworker complained that the channel had been changed and that she wanted to watch Jerry Springer.

According to Mr. W, while sitting down he told her that in that case she should go home. However the woman became belligerent and swore at him. When Mr. W raised his arm like a shield, the coworker punched him twice. Other coworkers separated the two, and later that day, Mr. W was discharged for allegedly pushing the coworker.

The Unemployment Insurance Appeal Board released their decision a few weeks ago saying that Mr. W did not provoke the incident or commit any misconduct, although his coworker did physically attack him. The Board ruled that Mr. W is eligible to receive benefits.

Mr. W’s employer filed an appeal of the decision that was struck down. Mr. W can now claim unemployment and the other benefits that he deserves.

(Pension Benefits)

Two Victories for SBLS's Pension Project

South Brooklyn Legal Services’ Pension Project has won a significant victory on behalf of a disabled Ground Zero worker. For more on this case, including additional history and Justice Tolub’s decision, please click here.

The Pension Project also filed an amicus brief in a Supreme Court case brought by a disabled claimant against Metropolitan Life Insurance Company. Ruling in that case, Metropolitan Life Insurance Company v. Glenn, the Supreme Court provided Courts with greater latitude to examine insurance companies’ conflicts of interest and other factors which might lead to unfair denials of benefits to disabled claimants. For more on this case, please click here.

(Pension Benefits)