Elected COBRA after termination. Paid premium. Benefitexpress is sitting on both without reinstating insurance. Delayed

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Customer: Elected COBRA after termination. Paid premium. Benefitexpress is sitting on both without reinstating insurance. Delayed a scheduled knee surgery once for wife. They have had electronic payment for a week. Doc's office says still no insurance. Surgery due 2/24. If delayed again, it may go into March with COBRA ending. Can anything be done to make benefitexpress process COBRA and get insurance to be active so surgery can go forward?
JA: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: Manager and HR.
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: at will salaried
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Wife is burning all paid time off between original surgery and delayed date. She may lose HER job if surgery delayed again.
Answered by LawEducator in 1 hour 7 months ago
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Jessica

Jessica

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LawEducator, Expert

Hello and welcome to Just Answer. I am Law Educator and I am pleased to assist you today with providing you the answers you are seeking for educational purposes only.

I know your question is important and I’m working on typing an answer to your question now. You can select the premium service phone call option if you prefer to do a phone call.

Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type answers to you and also to others.

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Good afternoon, how are you today?

Customer
I am fine and hope you are too.
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LawEducator, Expert

Good day, here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

The first step is notify the employer and insurer in writing.  If you have done this and no response, then you need to file a complaint with the US Department of Labor, https://www.dol.gov/agencies/whd/contact/complaints

You would be amazed how fast the insurance companies move when the US Department of Labor calls.

Generally, that is all that it takes.

However, if the USDOL cannot resolve it, then you would need to file a suit in US District Court or in state court against the insurer for them violating COBRA and you can seek damages including coverage of full cost of care without any deductibles.

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LawEducator, Expert

Please let me know if you have any additional questions about this issue for me today.

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LawEducator, Expert

Thank you!

If you have questions on other topics or issues, you can ask me directly at https://www.justanswer.com/law/expert-paulm. Please make sure that you type “For LawEducator Only...” in the question subject to ensure that the question is directed to me. You can also add me to your favorites at the bottom of the page so you can get to me more directly in the future.

Sometimes mistakes are made and someone other than me could respond to you. If that happens and you wish to continue with me, please tell them to opt out and I will get to the question

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

LawEducator

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