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Re: Who needs to notify who?


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Posted by Craig (68.8.206.163) on June 10, 2003 at 21:42:45:

In Reply to: Who needs to notify who? posted by Sharon Kennedy on June 10, 2003 at 08:42:48:

Sharon:

This is not legal advice, because we are not attornies.

The problem is it's been 3 years and i don't know the statute of limitations. Also do you want to go back and pay COBRA sized premiums for 18 months, still leaving you without insurance, since it would be expired by now?

The most you could do is explore if the company notified your properly, and i am not confident any judge is going to penalize a company for providing a late cobra notice, since so many companies never send on at all.

It also depends on the state min COBRA law. I guess your appeal was denied? We need more info about this. You or your ex husband should have notified the plan administrator within 60 days of your divorce or seperation.

If you have no or only minor pre existing conditions, get quotes for major medical coverage, it might be a lot less than COBRA.

Craig

: It is my understanding that there are laws in place to protect people such as myself that find themselves without health insurance following a divorce. My husband carried insurance on our family through his employer the Saturn Corp. We divorced in Oct. 2000. I filed an appeal 3 days after the final ruling. My attorney told me that I would still have health insurance during the appeal. And that the company would notify me when it was ending and I would have 90 days to respond whether or not I wanted COBRA. I continued to use my insurance and even had pre-approvals for hospital procedures as late as January of 2001. Somewhere around the 15th of January when I went to the pharmacy to fill a prescription, I found that I had no insurance. I called the Saturn Benefits and found out that my insurance had been cancelled in January and backdated to October 2000. This leaving me uneligable for Cobra. The 90 days were up. So COBRA wouldn't accept me. Saturn claimed they didn't have to notify me, just my X spouse, since he was the employee. It was his responsibility to let me know. I have several health problems and am unable to purchase health insurance because of them. Is there anything I can do? I am unable to work with these health problems at this point in my life. I know in some states the company has to have the person sign forms stating they have been informed that they no longer have insurance and do not want to have Cobra. My daughter is 19 and a full time college student. He did the same thing to her. He sent the paperwork to college on December 24th. He knew she wouldn't be there over Christmas break. He had the papers dated in October. She didn't get them until returning the middle of Janurary. The man is evil. Someone needs to put him in his place. There has to be something or some laws that protect children. Thank you for your help.




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