Anyone know how to go about getting your missing loved one's retirement/social security?

[Kathleen Zelaya Howarth]

My mother had called social security about a year after my dad went missing (they are divorced) and I believe they told her that he would have to be declared dead. I don't want my dads hard earned money that he is entitled to to go back in the pot. I have a paraplegic sister, Elizabeth, who could use the money to live an independant life and we could use the money to do more to find out what happened to our father. My dad would be 67 this year, May 22, 2010. He also was a member of the Electrical Union and I'm sure has some retirement there.

So does anybody have any resources I can go to or if you have dealt with this yourself, some information from you? Declaring my dad dead, well that's a whole 'nother issue, that even though I know in my heart he is deceased, I don't know that I will ever be able to do that. It's just not right if you don't have a body!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Any and all the help I can get on this I would really appreciate it.

Thank you!

[Martha Hamilton]

On the Social security issue, I would to my local congressman's office. They can often get things done that private citizens can't. As to the electrical union....If it's IBEW, check with the Local office. My husband belongs to IBEW and has a pension and several benefits to survivors. Hoping you the best.

[Pam Digna]

P.s. If you have remarried and are still married you cannot claim social security on you divorced husband.

[Pam Digna]

My thoughts are this, Your father is retirement age already and your mother and sister should be able to file for social security on his retirement age alone without his being declared dead. Your sister is disabled already and should quality as a disabled dependent child unless she worked, then she might get her own disability benifits if she worked long enough. If and when your father is found alive or otherwise then your mother could be able to file divorced widowed benifits. If she has worked or is worknig and she is not 65 then she will get less depending on her earnings. If she was married to your father while he was paying or earning a pension and they divorced and she has her divorce papers she needs to send a full legal stamped certified copy to the pension company. It is called a DQRO or something. It will be in a section of the Original Divorce Certificate Papers. The Pension has their own rules and guidelines. Her laywer may already have done this for her during the divorce, but if not she has to send it, so call the pension company to find out, plus check the rules.   It is not up to social security, he just may have had to turn 65 ect, so file for everything. If you are elligible for you will get it. I don't know how long he has been missing but if he is collecting somewhere else they will have records. This will also tell you if some one has stolen his idenity. If not and they have not declared hem dead you are still elligible, because he would be past age 65 anyway. So The pension might not work out and who knows how much social security you are can recieve, but you will get Zero if you do not apply and find out.  You should not have to hire a Laywer to file for social security if he is not dead, or you are not filing for a disablity claim, on your mom and you are under 65. If your sister has always been disabled then you will not need a laywer either and if she just became disabled and you are under 65 then file for social security, if they deny you appeal within 30 days then hire a laywer. ONLY hire a social Security Laywer after you get a denial letter and you apeal it. Just sign the back to appeal it date it and drop it off at the local branch near you make sure you get it stamped with the date, then hire one.   A laywer can only charge you a certain percetage on your final payment nothing until you get paid there is a federal law stating how much,  Hecannot help you prove your husband is dead until he has been missig for the full 7 years. Which shouldn't be neccesary anyway. for social security. if later you need a laywer to find out about the pension, you ca get a laywer but you will have more information from the pension company before you pay a laywer any money. I hope this helps you might want to copy it and paste it to a word document so you can print it our for your mother. I have had to do this for my daughter and myself and we are both not 65.

[Bradley Olsen]

I am the Mother of Missing Bradley Olsen 26 - Missing since 1/20/07. Most states are 7 years that you would have to wait. Unfortunately, you need to seek an attorney that will assist you in getting a "Death Certificate" We are in the middle of this right now - because Bradley has a daughter and it would be financially impossible to wait the 7 years to get a Death Certificate. This is a timely process that we have been working on with our Attorney for over 6 months now. We have already been through 2 court dates and hope to have our final Court Date on Fec. 10th. You will get nothing from Social Security or a Pension, etc. unless you have the actual "Death Certificate". I know this is a Very Hard thing to do, but 7 years is also a long time without any financial aid. Best of Luck to you. Acquire an Attorney first who is not afraid of a Challenge and alot of paperwork. You can then pay the Attorney from a Life Ins. Policy or Pension Money, etc.
Best of Luck to you and your Family.
Hugs, Susan Olsen (Mother of Missing Bradley Olsen) www.findbradolsen.com

[Jim Harnage]

Probably the most painful thing for you is to declare your dad dead but you will most likely have to do so. I am not sure what the statute of limitations are on the subject since the number normally ascribed for the missing to be declared dead is 7. The SOL would begin to toll after 7 years from date of disappearance unless you go ahead and declare him dead. Be sure to check with an estate attorney as recommended above to be sure you do not lose any of your rights trough statute of limitations as they vary state to state.
Have you contacted Social Security Administtration on this? It costs nothing to talk with them.
Have you contacted his Union or fomrer employer and asked them for a declaration of his pension plan? You must do so in writing. Again, you might wish to become aggressive this pursuit of his pension plan becuase the Statue of Limitation may toll (run out) whereafter you would not be able to request his nefits to be paid to his beneficiary whoever that might be.
love and prayers
Jim

[Maureen Reintjes-Peace4 Admin]

Kathleen,

With Jon I was told I had to have him declared dead but this was a spouse situation so it is different. Througout my ordeal I heard one thing from one agency or lawyer and another thing from someone else.

I would check with social security and get their determination in writing. Check with an estate lawyer as they may have a way to work the system.

Mainly I found being a spouse of a missing person there was absolutely no protection for me legally or financially....and to think there are a few people out there that don't think it's a crime to go maliciously missing....they should walk in my shoes and face the devastation I went through, they would change their minds!

Should you ever get to that point, and God willing you don't have to, of having to declare your Dad deceased know that the timeframe is different in every state. Nevada it was 3 years. The standard 7 years is not in all states. Kathleen I'm putting that on here more for others that might need the info.

Really there needs to be some sort of legal protection for the families of the missing. IRS doesn't even know how to deal with the situation, let alone creditors, banks, mortgage companies, insurance, etc., .... the word missing does not compute with any of them.

If you need help researching let me know!

Maureen