|This site contains over 10,000 pages of COBRA info, questions and answers. Resolve your problem below.|
COBRA insurance questions I have gotten though Email
Approximately 30 days after I resigned, I contacted the HR department, of my old company, and informed them that I have not received my COBRA Plan yet and requested to receive my COBRA Plan. I told them I started my new job and the offer I received from new employer is not being followed through with, and after discussing the matter with my new bosses, I decided to leave the company and need to have my COBRA Plan (I never had insurance with the new company).
The HR Department said they would get on it right away and have forms sent out to me that week. A few weeks later, after not receiving any information, I called back again. Again, I was told it was comming immediately. I still have not received anything!
I have been forced to purchase a short term plan with another insurance company, because I was not offered the COBRA. Since then, my 6 month old son got sick (sinus infection and conjunctivitis), which cost me out of pocket expenses.
Even though the cost was minimal, I feel my past employer is being very unprofessional and ignoring my right to be offered a COBRA Plan. I was wondering if I could (and/or should) seek legal action? If so, is it worth going through all the trouble?
Before raising a stink, make sure that you qualify for COBRA. I never hurts to x2 check. Also did you move? What address did they send the notice to?
You can sue your old employer if they failed to notify you, but you have to hire a lawyer.
The goods news is you could make $110 per day they don't notify you.
Usually, by the time you go through all the grief, etc. Unless these are larger medical bills, you may want to just work with the incompetants at your old company.
The issue may come down to "they said (they mailed it)" "you say (they didn't)."
1. Yes, I do know that I qualify (Full-Time, Regular Employee w/ Benefits).
2. Yes, I did move, but I changed my address with my old company before leaving. I was expecting to receive another check or two, so I ensured the HR department had my new address to send me my checks. Which I did receive at my new address.
3. My last paid day of employment was 11/10/00. So, it has been approximately 70 total days - 24 days over.
4. In my files I found a letter from 6/20/00, which the HR Dept. sent out to all employees, stating the companies awareness to COBRA and the policies/procedures.
5. The cost for my son was a total of only about $75, but the plan I bought for him is not as good as our old insurance.
Knowing this, now what do you think I should do, if anything?
Sincerely, Paul G.
It sounds like a black & white situation, but there are no damages. People usually end up in court if the employer didin't offer them COBRA and then they had to have major surgery. You may go to court and I try and get the $110 per day, but as I said before, how do you prove them didn't regular mail it? Personnaly don't think it's worth spending time in court.
For comments about this site, Email us.