Not notified of policies now stuck in the middle
I was notified today that my Aetna medical insurance was terminated on 03/31/08. I have been out on short-term disability as well as FMA since 01/05/08.
I have not received any notification of my insurance being terminated nor any information about COBRA until today, and that was only because I made some phone calls.
The woman who stated there was a certified letter sent out regarding COBRA to me could not give me a dte tht it was mailed so I asked her to e-mail me the information which was dated 04/02/08.
I have been sending in my premium payments to our human resource department in order to keep my benefits going , and they did nit advise me of the termination either. The only letter I received certified was from my employer for my personal care physician to fill out as an update in my condition and an eta of when I may be able to return to work. Nothing regarding COBRA or benefits expiring.
Where do I stand?
Answers (1)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, you may be entitled to a $100 per day penalty payment, plus other remedies. Failure to provide you with required COBRA notices in a timely fashion exposes the employer to a $100 per day penalty payment, payable to the employee (it also exposes the employer to potentially significant tax consequences and penalties payable to the government). Furthermore, if you lose coverage, you may be able to pursue equitable remedies against the employer (if they are responsible).
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Apr 5, 2008 10:28 AM [EST]
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