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| How can I appeal the cancellation of my Cobra? |
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Q: My COBRA paperwork said I didn’t have to submit any payment when I turn in the election form. When I didn’t hear anything from my previous employer I called them. They said they didn’t reactivate my insurance because I didn’t send in the premium. So I made a check out to the employer for 1 month. I was notified of a rate increase and the next month I sent in my premium that reflected the increase. Then the following month I forgot to send my payment in early and mailed it a week later. I was not aware that my insurance had cancelled until I tried to get a prescription filled. I was told by my previous employer that the payment was received late and they will not reinstate my coverage. Is there an appeal I can file to get my coverage reinstated?
A: COBRA continuation starts on the same day that your group benefits ended. COBRA law states you are not required to make a payment when you submit your election form. You are given 45 days to make the 1st payment however your coverage isn’t reactivated until the 1st payment is made. Since this is retro-active coverage, you may owe 2 or more months of premium by the time the paperwork has been processed if you didn’t send a payment with your election form. Your employer is not obligated under COBRA law to send you a monthly statement. It is your responsibility to keep track of when your premiums are due. The only way for your COBRA premiums increase is when there is a rate increase by the insurance company usually at renewal and this rate increase affects the employer and all employees. You should be given a 30 day grace period from the due date to submit your late payment. The coverage will be suspended until it is received. If the late payment is not made during this time, your COBRA coverage will terminate. The previous employer and their insurance company do not have to reinstate your COBRA coverage. If you believe that your employer didn’t comply with COBRA laws then you should contact the US Department of Labor at 1-866-487-2365
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