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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I have dependent FSA. After I lost my job, I didn't file my

Customer Question

I have dependent FSA. After I lost my job, I didn't file my claim for 30 days. The plan expires in dec. So I thought I had till December to make claim. Now they are telling me that I have to forfeit my funds. Is there anything I can do?
Please help.
Thank you in advance
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and welcome to JustAnswer, My name is Andrea and will be glad to Answer your question and the only thing I ask is that you leave a positive rating so that JustAnswer will give me credit for assisting you. It wsill not cost you anything additional to leave a positive rating, but without it, JustAnswer will not give me credit, Fair enough ? First, three very short questions, if you do not mind,

1. Did anyone tell you that you had until December to file ?

2. When did you lose your job ?

3. Who is telling you that you have to forfeit these funds ?

Thank you, and I look forward to your reply,


Customer: replied 1 year ago.
1. The plan date is 05/01/2015-12/31/2015. When my plan was active it said that I had to submit my claims by end of the year.
2. I lost my job on 8/11.
3. Discovery Benefit which provides the FSA is telling me that I had till 9/10 to file my claims. Now it shows that my plan is terminated.Final Service Date: 8/10/2015 Final Filing Date: 9/10/2015
Current Status:Current status definition Terminated Status Effective Date:Status effective date definition 8/11/2015
Expert:  Andrea, Esq. replied 1 year ago.

Thank you for you reply.

If I understand you correctly, you participated in the Flexible spendiDiscovery Benefit provided ng account whereby a certain amount of your wages were not subject to the payroll tax because the idea of the FSA was to have a certain amount set aside from an indivdual's wages and these amounts were to be used for child care expenses, medical expenses and other qualified expenses. The Act provided that any funds which were not used for a qualified expense were forfeited to the employer.

You stated that "Discovery Benefit" provided the FSA. I do not understand how Discovery Benefit provided the FSA because this money was deducted by our employer an if you did not spend it, those funds would be forfeited to the employer. Therefore, I do not understand how Discovery can tell you that your funds were forfeited to them.

Secondly, an employee who participated in, or had a Flexible Spending Account could use these funds to pay for qualifying expenses as these bills became due. If a bill for a qualified expense did not become due until a certain date, an employee could not use these funds to pay that expense until it became due. From May 1, 2015 until August 11, 2015 when you left your employer, did any qualifying expenses become due that you did not pay ? Please explain the entire amount was not used for qualifying expenses.

I am trying to find some plausible and reasonable argument that you could take as to why these funds were not used for qualifying expenses, but I will need more details from you.


Customer: replied 1 year ago.
My employer is probably using Discovery Benefit to manage FSA. That is where I file my claims. I did have day care expenses during that time period. I just havent claimed them. If I provide receipts prior to Aug 10, can I still file the claims?
Expert:  Andrea, Esq. replied 1 year ago.

Hello, and welcome to JustAnswer, I will be glad to address the issues you raised and the only thing I ask is that you leave a positive rating so that JustAnswer will give me credit for the time I spend Answering your questions. It will not cost you anything additional to leave a positive rating and that is the only way that JustAnswer will give me credit for assisting you, Fair enough ?

First, let me say how sorry I am that you have such a boss/supervisor. I know exactly what you are going through because I went through a similar situation. I worked in the Legal Department of a major corporation. I had been working there for about a year and a half. One winter I became very sick with what I thought was a cold. I stayed in bed for 2 days, but kept thinking of all the work that was piling up on my desk, so on the third day I dragged myself into work. The following day, I went to the doctor who told me to stay in bed for the next 3-4 days. On the 4th day I went to work and almost passed out because of a collapsed lung due to the pneumonia. This time, the doctor ordered me to remain in bed. When I returned to work, I was penalized because the supervising attorney said "if I was really sick" I would no have come into work the day that I collapsed in my office. I could not believe my ears - Rather than being commended for being conscientious about m work, I was penalized. I finally left that position because I was not willing to work for a company that did not appreciate my work and my dedication.

You asked,

"Does ADA (or any agency) provide protection against this type of harassment?"

ANSWER - 1. First, I have to agree with the statement that the other Attorney made - When both management and employee are members of the same minority group, there is little chance of bringing a successful discrimination lawsuit against the employer; 2. A complaint filed under the Americans with Disabilities Act ("ADA") would be equally unsuccessful because an individual must be afflicted with one of the disabilities recognized by the ADA such as Parkinson's Disease, mental retardation, and other equally serious, and chronic illnesses; 3. A company such as the one you work for and the one I worked for cannot be accused of harassment simply because they are not sympathetic to an illness we contracted. I cannot comprehend the mentality of a company which comes up with these rules because they cannot be applied to the honest human being. Are they s blind thatthey cannot see the employee who "saved" up his sick days and took 5 days off in a row.
Customer: replied 1 year ago.
Sorry, this seems to be a response for a different question.
Expert:  Andrea, Esq. replied 1 year ago.

Please accept my apologies for the interruption, but apparently, we are havingtechnical problems and I was locked out of your question in the middle of writing my Answer to your question.. Unfortunately, I cannot see any law that would protect you from the arbitrary actions of your employer. Your employer has give you a glimpse of his true character, what he thinks o hi employees, and how little he thinks of them. How else would you characterize or describe an employer who would think so little of an employee that he would put them on unpaid leave because they were feeling ill and had to take a sick day, whether it was a paid sick day or not. I looked into several Federal laws, but none would give yo the protection from your employer. I sincerely ***** ***** say this, but employers like the one you have never change for the better, they only get worse with each passing year, and I say this from personal experience. There I no law presently on the books which will protect you. So, you have to take care of yourself and think of yourself first. Bide your time at your present employment, but start looking for another positon with another company because supervisors like the one you have only become worse with each passing year. Life is too short to spend 1/3 of your life working under someone who does not value your work or appreciate your worth. Trust me, I speak from persona experience.

Please let me know if you have any follow up questions and I will be glad to Answer,

Please be kind enough to leave a Positive rating so tht JusAnswer will give me credit for assisting you, It il not cost you anything additional to leave a positive rating, but it is the only way that I will receive credit for assisting you. Bonus and Positive Feedback are very much appreciated,

Kindest Regards,