We are not COBRA. For specific contract details about your current company policy, contact your health plan administrator.
In Reply to: Re: retroactive cancellation posted by Blair Brininger on July 27, 2003 at 16:19:30:
Thank you for taking the time to comment on my case. I do wish I understood what "equitable relied" means and what an "estoppel claim" is.
: A 2002 Supreme Court case says that ERISA allows only equitable relied. A lawyer could argue that this is legal relief and the plan cannot recover it. Unfortunatley you may have to wait until Disney sues you to get it so you can raise this arguemtn. Plus you have an estoppel claim. Remember this is not a contingency fee case since Disney will not be giving you money. You will have to pay a lawyer to fight them.
: : I qualified for health care by working 40 hours a week for Disney/ABC for over six months. At the time I enrolled they explained I would remain elegible for coverage even if I did not maintain the hours that enabled me to qualify. As the economy worsened I was called on less frequently to work, and expected to be cancelled from the health plan. When the cancellation finally came it was retroactively dated six months before I received the notice. I was sent a bill for over $5,000 to cover the six months, which had already been paid by Disney Benefits. I have been given a chance to appeal this ruling and am collecting any information I can find on the subject to build a case. It cannot be legal for Disney to retroactively cancel my benefits without notification. Any advice will be welcome.