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Can the employer charge COBRA for month not used?


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Posted by lafoose on November 08, 2004 at 14:10:29:

I left my employer 9/28/04. I was covered with their health plan until 10/1/04. I wasn't sure if my new employer would cover right away, but I did check the "I elect COBRA" under my old employer as they told me I had 45 days to make the first payment. Now 11/01/04 I find I will have to wait another couple months for insurance thru my new employer. My question is: I did then send a check right away to my old employer for coverage beginning Nov. 1; they are now telling me I owe also the whole month of October premium. My point is I did not use the insurance in October because I wasn't sure if I needed it; they say I still owe it. I only want COBRA coverage from November 1, which I just paid for. Am I obligated to pay for October just because I checked the box saying I wanted to continue the coverage? I wasn't sure WHEN I wanted the coverage continued until a few days ago. Aren't they supposed to give me by law 60 day to enroll or not anyway, THEN another 45 to make my first payment?


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