Question
What is the name of your state?What is the name of your state? FLORIDA
I left a job in January and was not provided with any information regarding COBRA at the time. We are currently without insurance. In April my wife started to get symptoms of MS and has been going through several tests. She does not have MS, but needs some very unique spinal surgery. I had contacted my old employer in April to ask about COBRA and was told that the election period had expired. I was recently told that because I was not notified at the time of leaving that I could force the issue now and still get COBRA as long as I pay up the gap. I contacted the old employer and they are claiming they did provide notice of COBRA, but they cannot show me anything that would prove it. Do I have any chance of fighting this?
JMH
Answer
Yes, you have a CHANCE of fighting this. How successful it will be, will depend upon whether or not your employer actually can provide evidence that they submitted the COBRA information to you. If, for example, you changed your address without notifying the employer; they sent the information to the last known address and it was returned to sender, you will lose. If, however, they cannot provide any proof (in most cases such proof is in the form of a return receipt through the post office, but that's not the only possible proof) THEY will lose.
Your first step is to file a complaint of COBRA violation through the US DOL.