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

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


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 only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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