How long does it take to determine if a beneficiary is eligible or not to recieve benefits?

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How long does it take to determine if a beneficiary is eligible or not to recieve benefits?

I would like to know how a public pension fund is able to withhold benefits owed to the eligible beneficiaries.There were no beneficiaries written on the policy, so since there was no spouse next in line were the children. It came down to 4 children; 2 of the children were proven with birth certificates but the other 2 had no birth certificates or anything legal showing they were biological. This I believe makes them ineligible to collect. The 2 with birth certificates received 25% each of all money available. The pension fund has held the other 50% of all money for 14 months knowing that out of the 4 involved, only 2 are eligible. I would like to know how to go about dealing with this situation being that I’m on the side of being eligible and that it’s been proven already for me to get the first check but they have been withholding the rest for over a year.

Asked on October 22, 2018 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Perhaps you should speak with an attorney about bringing an action in the Probate Court proceeding, which asks for a determination of the issue.  Sometimes they are called Declaratory Judgement actions, where the court determines the legal issue that parties are grappling with.  Good luck. 


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