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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111450
Experience:  20+ Years of Employment Law Experience
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I retired in October and signed up . The Cobra vendor

Customer Question

I retired in October and signed up for Cobra. The Cobra vendor is refusing to reimburse my FSA funds ($1000) for a procedure in December because I did not sign up for FSA for 2015. Does that make sense? I won't have income to deduct from in 2015!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.The FSA must make payment for all legitimate claims that occurred during the plan year if they are filed by the closing date in the FSA. So, they cannot refuse to make payment on any qualified care that you submitted to the plan within the proper time frame from the end of the plan year. If you did submit within the time specified in the plan and they are refusing to pay, you can start with a complaint to the US Department of Labor benefits section and also to the Oklahoma Insurance Commission and most all times they will get the payment made.If they cannot get the payment made, then your recourse is to sue the FSA in small claims court for your money and prove in court that you submitted your claim within the proper time specified in the plan documents and that it was a qualified claim.

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