Legal Question in Employment Law in California

Cobra Continuation Coverage

I lost my job on 8-5-08. I received my letter to continue cobra today (9-24-08). I contacted the Risk Mgt. Dept. of my company 9-4-08 via email and I left a telephone voice message. I told them I was concerned because I hadn't received any info for cobra. Risk Mgmt. responded via email. They said they needed to re-send the paperwork to their Plan Administrator. The letter I received today states that I must send the $'s by (9-30-08). The 1st payment is for Sept '08. However, there's only (6) days left of Sept. In addition, the premium is unbelievably expensive (insurance is only for me). I am seeking alternative coverage but if I am approved, I will not have coverage until (10-1-08). The insurance broker I am working with told me that according to the labor law, my former employer had (14) days to send me the cobra offer. However, as of today, it is (50) days since my last day of employment. Do I have any legal recourse? What recourse do I have?


Asked on 9/25/08, 3:50 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Cobra Continuation Coverage

If you get your COBRA coverage retroactive, and have no uncovered medical expenses, you will have no damages to base a complaint on. The cost of coverage is set by the insurance company; you get to pay the same amount that the company paid for your coverage, plus a small 'handling fee'. Insurance is expensive; you've learned how much so.

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Answered on 9/26/08, 2:02 pm


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