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Do I have a case? Does anyone think they canceled too prevent loss?

Carlsbad, CA |

Recently I signed up for COBRA (5-1-13 to 10-1-13) , I sent monthly payments, also more for the reto active portion then they canceled for not paying the last month in full, it was just over $2200 or so for the 5 month period,I only used it once to buy insulin, I have type one diabetes, and I might need to have a expensive procedure for my ulcerative colitis. They excepted the other late payments for the retro active portion

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Attorney answers 2


COBRA is very specific. You must pay your premium by the thirtieth day after the premium is due. If you do not, your COBRA rights end. Some employers will give you some leeway, particularly if there is a good reason for the delay, but most don't.


They may very well have canceled due to the loss based on your med. condition. However, if you paid late, you gave them the open door to cancel. You will have a very difficult time claiming unlawful discrimination, etc. based on late payments. If they accepted late payments before, it doesn't mean they have to in the future.