I have yet to receive paperwork to fill out to get COBRA. The qualifying event which was the last day I was covered by AETNA Insurance was May 31, 2013. I notified the past employer and they sent me an e-mail telling me it was an oversight on their end and to wait until I hear from Paychex which I quess would be the plan administrator. That was June 25, 2013. Still, as of today, I have heard nothing. In the meantime, I was hospitalized for a heart condition. I also had to pay out of pocket for prescriptions. At this point, I dont even think I would be able to pay for the large premium required to maintain COBRA. Is there anything I can do to receive any damages at least get my hospital bills paid?
If the employer failed to provide you notice of your rights under COBRA then you will probably ahve a claim against the employer for your medical bills. However, you cannot wait to see what they do. Sitting on this could lead to you loosing the ability to recover the costs you have incurred.
LEGAL DISCLAIMER This response is not legal advice and does not create an attorney/client relationship. This response is only for general informational purposes. It is limited to only provide general information about the matter asked by the question. Virtually always the question does contain all of the necessary facts that if provided could significantly alter the information provided and result in the reply being inappropriate. I strongly suggest the questioner to confer with an attorney in his or her state with experience in the subject matter of the question so that proper legal advice may be provided. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney providing an answer. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state, who is familiar with all of your specific facts and all of the circumstances and with whom you have an attorney client relationship. Law changes frequently and can differ greatly from one state to another. The answers provided are general in nature, and may not apply to a specific factual or legal circumstance identified by the question or not contained in the question. Circular 230 Disclaimer - No information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.