A 71-year-old Rhode Island man with limited English proficiency contacted us with a problem involving the insurance company responsible for his pension. The client had only applied for his pension recently due to the language barrier and other issues, but the plan’s Normal Retirement Age for benefit eligibility was 65. When he asked about getting the pension paid to him retroactive to 65, he was told that this would absolutely not be done and that he was “lucky” to get a few months of retroactive benefits.

After he contacted us, we filed a claim on his behalf with the insurance company, arguing that the client’s benefit was non-forfeitable once he reached retirement age, and that the company was therefore required to pay him his full benefit retroactive to age 65. As a result, the client received a retroactive lump sum of over $17,000.