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Tina. I have a question concerning Cobra. I have't receive…

Customer Question
Good Morning Tina. I...

Good Morning Tina. I have a question concerning Cobra. I have't receive any notice from my employer about the Cobra Insurance. I

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Yes I am in Ohio. I've been reading about the 45 days they have to supply the information.

Lawyer's Assistant: Has anything been filed or reported?

No. How do I go about doing so? I've tried to call employer on several different occasions and nothing. I talked to Cobra but all they tell me is get ahold of previous employer.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just sent ECCO a complaint about this job. I think it would benefit if they knew. No nothing else. Thank you Tina/ or Pearl..Thank you.

Submitted: 11 months ago.Category: Employment Law
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5/30/2017
Employment Lawyer: John, Employment Lawyer replied 11 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 11 months ago

The first thing you need to know about cobra is that it applies to only employers with 20 or more employees.The employer has 30 days from the qualifying event to notify the plan administration of the qualifying event. After receiving a notice of a qualifying event, the plan must provide the qualified beneficiaries with an election notice, which describes their rights to continuation coverage and how to make an election. The election notice must be provided to the qualified beneficiaries within 14 days after the plan administrator receives the notice of a qualifying event. So overall, it may be as long as 44 days from the qualifying event before notice is given.

Then, at a minimum, each qualified beneficiary must be given at least 60 days to choose whether or not to elect COBRA coverage, beginning from the later of the date the election notice is provided, or the date on which the qualified beneficiary would otherwise lose coverage under the group health plan due to the qualifying event. If COBRA coverage is elected, the coverage is retroactive to the date that coverage lost. So, as you can see, it can be as long 104 days from loss of coverage before coverage is elected, but when it is elected it is retroactive to date of loss of coverage.
You cannot contact Cobra, rather, cobra is a law. You can contact either the employer or the plan to get them to send you the notice of election. In other words the employer have to contact the plan, then the plan contacts you giving you the notice. If you've done this and you're getting no response your best bet is to contact the Department of Labor EBSA division here - https://www.dol.gov/agencies/ebsa/about-ebsa/ask-a-question/ask-ebsa - and file a complaint. The department would then resolve the matter for you at no cost to yourself and possibly sanction the employer or plan somehow.
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 (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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