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My COBRA benefits were cancelled without notice . My wife is 9 months pregnant. Do I have any legal recourse?

Round Rock, TX |

I screwed up and was more than 30 days late sending my October check. It was postmarked Nov.8th . I called and literally begged the company ( my ex-employer) but they said it cannot be reinstated.

Attorney Answers 1

  1. On those facts that you gave, you probably do not have any recourse. COBRA coverage generally may be terminated when payment is not made within 30 days after the first day of the period.

    However, more facts could be helpful. For example, the plan may provide for a longer period than 30 days. Also, if this was the first payment or if you recently elected COBRA, different rules will apply.

    Also, if your plan is insured (rather than self-funded) you may have a longer time period based on the provisions of the employer's contract with the insurance company.

    If I had access to the plan documents governing your benefits, I could quickly determine whether you have a case, but without reviewing those, it's just speculation.

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