Can someone please help me? Urgent.

[LucySky]

I am on the phone so excuse any mistakes please.

situation:

sister laid off

she received cobra application from employer

she mailed $1700 to insurance co for cobra retroactive to termination date

the check was received by the insurance company on time

the application, however, was mailed to the wrong address. it was mailed by accident to a company that had nothing to do with the cobra insurance.

she got a certified return receipt from the wrong address.

even though the cobra administrator received the check on time, they are denying her coverage because they did not receive the application on time.

my sis cannot get a phone number for where the application was sent. it was sent to "plan administrator" for something totally unrelated, and the signature cannot be read.

I told her to call a lawyer tomorrow.

does anyone have advice?

thanks so much...i may not be able to reply, but i appreciate it.

[NaturalHigh]

1. I don't know how to help...

but I'll K & R to keep it toward the top.

[LucySky]

2. :) ty

[tigereye]

3. talk to the folks at her former company - if they have a

decent "layoff" plan, maybe they can straighten it out. Hope things work out.

[elehhhhna]

4. DID THEY CASH THE CHECK?

[LucySky]

5. no unfortunately they said they are returning it to her. nt.

[superduperfarleft]

7. Oooh, that's not good.

Make sure she saves every scrap of paperwork from this thing, especially something that can show shipment dates, etc.

[elehhhhna]

15. okay here's the law, See the 3rd paragraph starred part. Did SHE address it wrong or what?

III. How to Elect Continuation Coverage

The cost of continuation coverage for you and your dependents, if any, is indicated on the following Election of Continuation of Health Care Coverage form.

If you are the former employee and you wish to obtain this coverage for yourself and your dependents, you must complete and return the Election of Continuation of Health Care Coverage form within 60 days of the date that you receive it. (If you are the spouse or dependent child and wish to make a separate election, you must obtain additional election forms from .) The form must be sent to the address indicated on the election form.

8**************The envelope in which you mail your election form must be postmarked no later than the sixtieth day after the day on which you receive this notice from . ******************If you do not elect to purchase the continuation coverage within the 60 days permitted for the election, your health benefits will not be continued and you will not have another chance to purchase the continuation coverage.

You should submit your election form as soon as possible after receiving this notice in order to prevent any delays in receiving any medical or dental benefits and to avoid the possibility of losing your benefits altogether. No claims for benefits or services incurred will be considered for payment until you have submitted your election form and paid the application fee.

[elehhhhna]

16. btw, receipt of the check proves intent, so a legal threat could fix this, imo.

[LucySky]

19. i think so also. ty.

[elehhhhna]

26. re-read this part -- yanno, the law is interpreted pretty literally, and as I read it,

it doesn't specifically state that the envelope must be adressed to the proper party. Minute point, but probably would hold up.

"The envelope in which you mail your election form must be postmarked no later than the sixtieth day after the day on which you receive this notice from . "

[LucySky]

29. she is trying to get the envelope back

but she cannot even get a phone number to call!

[LucySky]

18. yes...what happened was this...

she set her cobra paperwork on top of some junk solicitation mail from another insurance company. in that junk mail was a return envelope to "plan administrator". she assumed the envelope was for the cobra people.

[superduperfarleft]

6. Call either the HR person at the company or try and get in touch with the insurance broker, if any,

for the company. They can maybe do some work "behind the scenes," depending on how polite an exit it all was.

If that doesn't work, call a lawyer.

[jotsy]

8. See if there is an insurance commisioner in your state.

Keep their feet to the fire. Keep your head, remember they wanna piss you off, so they have an excuse to step away from the dialogue, don't let 'em.

[kestrel91316]

9. I can't believe this crap happens in MY COUNTRY. So I am gonna say it again:

SINGLE. FUCKING. PAYER. NOW.

[blondeatlast]

10. A. Fucking. Men.

And I wish I could help but I have no idea how.

[snagglepuss]

33. I am in Canada and reading this with my jaw opened and my heart going out

to her. It is unbelievable. This is something from Kafka and the Twilight Zone. To get laid off and have to deal with the stress of having only six days to get such an important application in and if it gets sent to the wrong address one has consider legal action and contacting elected officials?! There are no words.

[WhaTHellsgoingonhere]

11. I had a problem with Cobra, this is what I did

I called my congresswoman, explained what the matter was, that it had been ongoing for several months. Within a day of my congresswoman's office contacting Cobra, the issue was resolved.

Hope that helps. :)

[elehhhhna]

17. + 1,000. Contact your Representative, not Senator. They respond faster.

[starroute]

31. State representatives can also help with stuff like this

I don't know what kind of strings they manage to pull, but one of the ways these local guys keep getting reelected is by offering a high level of constituent services. They know who to talk to and they know the right things to say.

[rug]

12. Call the Department of Labor first thing tomorrow.

Meanwhile, here's a lot of info on COBRA.

http://www.dol.gov/dol/topic/health-plans/cobra.htm

[LucySky]

13. would they have any jurisdiction over a cobra administration company?

[rug]

22. I'm not sure what enforcement power it has but they can tell you if they're in compliance.

If there's a remedy, they can tell you what it is and how to pursue it.

Good luck.

[elehhhhna]

24. that would be the insurance commision. find them first.

[gateley]

14. May not be the appropriate place, but

Welcome to DU! :hi:

Hope this gets resolved -- there have been some EXCELLENT suggestions! DU is the best resource for any and everything!

[LucySky]

20. thank you! nt.

[LucySky]

21. THANK YOU, EACH OF YOU. YOU PEOPLE ARE GREAT.

i'm reading her this thread lol.

[CaliforniaPeggy]

23. My dear LucySky...

Just wanted to tell you that your shiny new star is from me...

I can't help you with your sister's problems, but there are many here who can.

The star will help you, I hope.

Enjoy!

:hug:

[LucySky]

27. OMG that is so nice of you!

thank you California Peggy!

i will give a star to someone when i am able.

you are such a sweetheart!

[NaturalHigh]

30. Kick

[elehhhhna]

25. welcome to DU, lucy.

[LucySky]

28. thank you! nt.

[WillowTree]

32. When was she laid off?