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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111495
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Lost job due to workforce reduction started Cobra Health

Customer Question

Lost job due to workforce reduction started Cobra Health Plan setting up successful first payment with automatic monthly withdraw.
Health Plan was canceled claim was non-payment, email went to junk mail warning never seen. Automatic payment did not work
Lost first appeal only get one more appeal
Need Labor Attorney who understands Cobra to support 2nd and last chance appeal.
Denver, Colorado
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 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.

This is very common. We get this all the time, the famous "we did not get your payment" claim. You need to call the US Department of Labor, since they handle COBRA complaints, and explain what happened and that they cancelled you despite having automatic withdrawals set up and they claim you did not pay when they were supposed to be taking payment automatically. The US DOL will contact the insurer about their bad faith claims and miraculously, the insurer will tell you they are sorry and reinstate your coverage, because the US DOL tells them essentially that if they do not do so they will be liable for $100K or more in fines for violating COBRA.
Customer: replied 4 months ago.
Can you recommend any Denver area legal experts in case US DOL falls through? Thx
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

I am afraid we cannot make personal referrals, the best we can do is suggest the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com and you would be looking for an employment law or employee benefits attorney.

I will say that pretty much every customer we have had come to us with your exact situation has reported that the US DOL has resolved their situation for them, so chances are you will not need an attorney at all.

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