I paid for continuation ofCOBRA coverage but administrator and former employer are not cooperating to get my coverage,can I sue?

Asked 10 months ago - Los Angeles, CA

Cobra continuation paid on 5/21/13 and confirmed for effective start date (6/1/13) with COBRA administrator. They say it shows eligibility on their part however I call my dental and medical providers to set appointments, they say I am not eligible for current month of 6/2013. I call almost everyday to administrator, they say they have notified my former employer so they can contact providers but when I contact providers, they say they have no record of being contacted or submission for COBRA by employer. I am in dire need of medical attention as I am disabled and for other health issues.

Attorney answers (1)

  1. Neil Pedersen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Can you sue? Probably. Is it practical to sue? No.

    Your claims for improper administration of your employee benefit plan is subject to the rules of ERISA. ERISA is a terrible statute that makes it impractical to litigate anything other than matters that have a very large amount of money in controversy.

    There are certain administrative processes you are required to exhaust before you can sue. Read your plan documents and commence whatever procedures are set forth in those documents. Once you have exhausted those procedures, if you still are without coverage, you should find and consult with an ERISA attorney.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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