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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114019
Experience:  20+ Years of Employment Law Experience
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My cobra coverage was cancelled JA: The Employment Lawyer

Customer Question

My cobra coverage was cancelled
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Coverage cancelled due to a late payment
JA: Please give me a bit more information, so we can help you best.
Customer: I paid on 3/31 which I thought was for April however it was for March. I was moving offices and then I went on line to pay for May but found on line that I was terminated
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: I worked for Wyndham for 10 years and I've been paying on my cobra. With this termination I can't sign up for medical as it is not open enrollment. I am not sickly but feel it is important to have medical coverage
JA: Got it. The Employment Lawyer will know how to help you. OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months 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.
It is not only important to have coverage, but also can incur an IRS penalty for not having it now under the Affordable Care Act provisions. If you made a mistake in payments and they never sent you notice for the payments or cancellation notice as required, you are going to have to appeal to them and inform them you never received payment notice or cancellation notice as required. If they refuse to reinstate, then your only other recourse is going to be to file a complaint with the US Department of Labor, as they handle COBRA complaints and file a complaint with them that the insurer never provided you proper notices for payment or cancellation and most times they can convince the insurer to reinstate coverage. If they cannot convince them to reinstate, then your only other option remaining is suing them for not providing proper notice to pay or you would be cancelled that they were supposed to send you.
Customer: replied 10 months ago.
They sent just a termination letter on May 6 that I did not received till May 18. When I went on line to pay just terminated. I have the money and I can pay. Just very disappointing.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
You need to make payments on time though, if you were late, that is good cause for them to terminate the policy. So you need to argue you did not get timely notice to pay and they canceled you without giving you the time to pay them.
Customer: replied 10 months ago.
I did not receive a warning just a termination letter. I pay on line.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply,
You should have received payment notice, so that is your claim as to why it should be reinstated.