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Beneficiary Designation

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J

justkonfused

Guest
What is the name of your state? Nevada My husband passed away two weeks ago. At the time of death he worked as a mail carrier with U.S. Postal Service and was insured under the Federal Employees Group Life Insurance Program. The Health & Life insurance programs are set up that any changes to either of the insuring policies can only be done when a life event has occurred; i.e. birth, death, marriage,and divorce. After my husband's divorce was finalized from his previous marriage in 1997 he removed his ex-wife's name and I was named as the beneficiary in her place with my share at 50% with my relationship listed as "friend". In 1998 we were married. The following day we stopped by the personnel office to submit the forms for health benefits & life insurance benefits and a friend of ours who works in the administration offices of the main post office "witnessed" the documents by signing and intialing her name on both insurance forms. The forms are triplicate with one copy being given to the employee, the second copy is placed in the employees personnel file and the third - depending on whom you have spoken to in the personnel office is either placed along with the second copy in the employee's file or is thrown away, where I had thought the third copy would be sent to the underwriting insurance company, Metropolitan Life for their files - but I was told that is not the case. The day after my husband died a "grief counselor" who helps the spouse came to talk with me about what I could expect to recieve from the insurance proceeds, stating I would be getting 50% from the life insurance claim. The new paperwork we had submitted 5 1/2 years ago had me listed as the sole inheritor at 100%. To shorten this story somewhat the Postal Service is now saying the forms are not in my husband's file and they have no proof that they ever were, though the witness who verified their existence 5 1/2 years told the department head that the paperwork had been turned in that day and she would attest to it because she had been the "witness" and remembered signing them, but she couldn't remember what the benefit amounts were because of all the time that has since passed. The death benefit department at the post office has now said that it was my place to prove that new benefit elections were done 5 1/2 years ago by providing them with the copy we received not theirs. Which in itself would not be too much of a problem if there weren't extenuating circumstances added. We were in the process of getting ready to move and packing when my husband died and to say the house is in a shambles would be putting it mildly and the fact that I am also disabled. I'm not supposed to do any packing as it is and prior to moving into this home 3 years ago my daughter and daughter in-law had did all of the packing and they didn't know that you don't have to take everything out of drawers when moving. So when they packed my office all the files were taken out of the drawers. And suffice to say I never got everything completely unpacked and so far I haven't found the life insurance election just the health form that my son managed to find. So my question is: Is the burden of proof solely on me? And: Wouldn't the post office be liable in some way because there is a witness, though she doesn't remember the exact monetary amounts?
Sorry this is so long. I appreciate any and all help you may be able to give as my only income is $478 that I receive from social security disablity each month with $200 going for my meds so this money is my "livelihood" for the rest of my life.
 


Dandy Don

Senior Member
I'm sorry that you are being treated so shabbily by a seemingly unconcerned or incompetent bureaucratic government agency--that's the last thing you need in the middle of your grieving. It looks as if someone in the human resources office either lost or misplaced the form and it somehow didn't get put in your husband's file. It would be most unlikely that you could sue over this since most federal government agencies are immune from lawsuits. Yes, technically they are liable and they did mess up, but there is nothing you can do about this now and the burden of proof IS on YOU somewhat to get this situation worked out if possible.

What you need to be doing now is looking through your personal papers/files (or asking a friend or relative to do it for you if you can't do it yourself because of your disability) to see if you can find the beneficiary designation form yourself to verify whether it would back up your claim to change from the 50% designation to the 100% designation. Since you know you are already going to be receiving a check in the future from this agency, then after you receive your check if you find the form then you could report this to the agency so that they could investigate and then send you the other 50% if you qualify.

(1) What was your husband's annual salary? That is the number that they usually use to calculate the life insurance benefit amount.

Whatever you do, if Metropolitan Life (or whoever is handling your life insurance claim) calls you to discuss this matter, don't let them know right now that you will be interested in requesting the 100% designated benefit at some point in the future. If they were to find out that you don't have the form then they could use that as an excuse to deny paying you the other 50% in the future (and believe me, insurance companies always look for a reason to withhold or deny payment).

IF you find the form then you can contact Metropolitan Life and get things going. If you don't find the form, then you could ask Metropolitan Life to check their records of your husband's file to see if they have anything that would verify the change. If you find the form and Metropolitan Life still refuses to pay you the other half, then you can file a complaint with your state insurance commissioner to have him investigate your situation and get results. It does not look like you would need the services of an business law attorney or civil attorney unless the insurance company refused to pay your additional claim with the 100% form you provide them.

Good luck to you and I hope everything works out in your favor.

If you do find the form, then always keep the original for yourself and don't give that to anyone until you get written verification from the insurance company that they will be paying you the additional amount. You could send them a photocopy of it instead, but hold onto the original until you find out for sure that you are going to be paid, because if the insurance company were to lose it you would have a hard time trying to prove your claim again.

DANDY DON IN OKLAHOMA ([email protected])
 
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