Legal Question in Employment Law in Ohio

My company screwed up my new born son's insurance.

On 11/23/05, I fill out the paper work to add my son, who was born on 11/12/05, to my health insurance. I spoke with companies benefits dept. and followed their instructions in obtaining the form from the their website. In Feb, I got a bill from his doctor because they were denied payment by Cigna stating that my son did not have ins. Cigna said that they never got any info on my son. I called the benefits dept. and they said that they did not get the paper work they needed to add my son. The website keeps a log that shows when I was online obtaining the form on 11/23/05. After that, I never got any other info from the website, email, or mail that anything was missing. Benefits said since it was 30 days past the birth of my son, I can�t reapply and would have to go through an appeals process. Cigna said that all they need is the info from the benefits dept and they can pay any bills that were denied and I will not have to wait until July to get my son covered under ins. I did the appeal process and was denied. The process of adding a dependent is very confusing and there is no error checking to verify the process. Do I have any legal recourse to get the medical bills paid? If so, what type of lawyer should I look for?


Asked on 5/04/06, 5:38 pm

1 Answer from Attorneys
Mayra Colon Colon Partners, P.A.

Re: My company screwed up my new born son's insurance.

You might have an ERISA claim, if your employer is covered by ERISA. Your need an attorney who handles ERISA claims. Not all employment lawyers do, and some identify themselves as just ERISA attorneys. Which county are you in?

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Answered on 5/04/06, 6:42 pm


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