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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19300
Experience:  B.A.; M.B.A.; J.D.
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I had a FSA account with my old job, and I never used the

Customer Question

I had a FSA account with my old job , and I never used the money which wasn't even half of what I contributed ... Recently I activated my FSA card and used it all on a purchase now my old job is contacting me that I need to contact the FSA letting them know I don't qualify to use that amount... Is this illegal what I just did or not?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 year ago.

What exactly did you purchase with the FSA card?

Customer: replied 1 year ago.
I purchased some prescription glasses
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

I am not sure why your employer wants you to contact FSA about this purchase. You can use the FSA to pay for deductibles and other health care costs. Prescription glasses is a health care cost. However, you must use the FSA during the plan year. If you do not use the amount in your FSA during the plan year, the employer can give you another 21/2 months to use it or let you carry over up to $500.00 to the next year. If you fall within these exceptions, your purchase is proper and legal.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 1 year ago.
I have only made $60 in contributions and I recently saw that I had the total amount in the card of 520 and I used that for the glasses but that's when I recieved that email... I'm assuming that she never let them know of my termination date so that's why she wants me to contact them ? Because if they knew of my termination date then I would only have the contribution amount?
Expert:  Phillips Esq. replied 1 year ago.

Yes, that is correct, regrettably.

Customer: replied 1 year ago.
what is it that that needs to be done ? Do I call FSA company and left them know and cancel what I have purchased or do I leave it alone .. What is legally right
Expert:  Phillips Esq. replied 1 year ago.

Call the company first. Then they can let you know what needs to be done. You would likely be asked to put the overage back.