Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
Hopefully you have this transition to early retirment insurance plan in writing. Otherwise you'll have difficulty proving this ultimately. Otherwise, either such coverage doesn't exist and someone misinformed you or the employer has neglected its fiduciary duty. The issue you'll have in the first case is HR will deny making you that promise of transition unless it was put in writing.
What can you do now? Honestly, I think you need to consider delaying that surgery until you get this insurance worked out...it may be some time before that occurs. Ultimately if you are successful, the plan or employer will be required to cover your medical costs from the date COBRA ended, but you are taking the chance that you'll win. You need to contact a local employee benefits
specializing) attorney or the Department of Labor
/contactEBSA/consumerassistance.html). An attorney will probably resolve it faster, but will not be free. Ultimately you may have to sue the plan and employer to have your benefits instated.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.