Do I need a health insurance attorney?

I was insured through my employer till August 31st, 2009. I had to go to the ER on August 16th 2009. A month ago I got an explanation of benefits from the insurance company saying that the hospital didn't submit the claim on time (within 30 days) so they are not paying it. The claim WAS submitted on September 22, which is within 30 days after cancellation of my membership, the insurance company admitted it. They are still not willing to pay it because my employer has not paid them for 6 months. This is illegal as far as I know. If this is a case, will I be able to ask for the legal fees in addition to the payment to the hospital? Which attorney should I go to? I live in Smithtown, NY. Thanks in advance.