We are not COBRA. For specific contract details about your current company policy, contact your health plan administrator.
Retroactively on Cobra with no notification?
My employer is quite large, over 1000 people. The policies state that a person working 20 hours a week or more qualifies for benefits. I became partially disabled in April. At the end of November, I became fully disabled and am applying for Social Security. In a meeting with me and my disability attorney, my employer said that I have been on COBRA since April. They said that they do not have to notice me since their policy is to pay the first 12 months of premiums. Apparently, there is a policy that states that if you go on disability (it doesn't say partial) you are put on COBRA. They say that we are told that in orientation and that they do not have to provide notice on the date of the qualifying event.
The other interesting note is that they state that the time except time on FMLA is used against you for the COBRA on this policy I've never seen. As fate would have it,since I was only using partial FMLA, my time expired October 31 (they calculate FMLA based on date of hire).
My calculations state that I would be on COBRA beginning in November. They say otherwise and tell me my Cobra will end next year. This will mean that my medicare will not have started before I have an insurance loss.
My attorney is sending them a letter telling them we disagree, but says that under ERISA this is hard to win. I have the emails to them telling them that I wanted to continue to pay for my benefits like any other part time employee. On the phone, they acted like this was okay.
I know this is long, but is there any case president I can use? Who can I call?