COBRA entitlement - expired too early

[webwidejosh]

What is the name of your state? NC

I terminated my employment effective 12/24/2005. I was sent a letter from a COBRA rep company showing a monthly payment of $320. I sent $320 within the legal limits of the letter to start my coverage. They denied a claim made within 30 days of 12/24/2005, 01/15/2006 to be exact. They told me that December payment of $86.xx was taken out of my $320 and since I never paid the January amount due in full that I didn't have insurance after 12/31/2005. When I called they said I still owed $86. I sent $86 even though they said it was too late. They refused to cash the check and sent it back. They sent back the balance from January, I have yet to cash the check. I paid for 30 days of insurance, at their exact dollar amount asked for payment, so expect to get 30 days of insurance.

If the company asked for $320 for 1 month. If they are stating one month of insurance is $320 and asked me to send $320, shouldn't I get 1 month of insurance if I pay what they request?

Thanks,

Josh

[ecmst12]

Did they send you your $320 back?

Anyway the reason this happened is that in order for Cobra to be effective, the premiums have to be paid by the deadline, all the way back to the date of termination. You had to pay from 12/24 up until 1/31 and you did not. Hence, they could not cover you for January, because you hadn't paid January's premium in full. And once the deadline has passed, there's nothing anyone can do to restart your coverage, the law says they can't.

[webwidejosh]

They took a portion of the $320 and send the rest back.

My issue is that they didn't ask for $86.12. They asked for $320. Their letter stated $320 was for 1 month of insurance. I sent them the money and expected 1 month of insurance, which is what they stated in their letter. They changed this later, after they accepted payment.

There is no reason I can't get 24 days of insurance in a calendar month. I got 24 days of insurance in December and I'm happy with 24 days of insurance in January.

I totally understand the deadline, however I sent the $320 before the deadline.

Originally Posted by ecmst12

Did they send you your $320 back?

Anyway the reason this happened is that in order for Cobra to be effective, the premiums have to be paid by the deadline, all the way back to the date of termination. You had to pay from 12/24 up until 1/31 and you did not. Hence, they could not cover you for January, because you hadn't paid January's premium in full. And once the deadline has passed, there's nothing anyone can do to restart your coverage, the law says they can't.

[webwidejosh]

I feel like I entered into a contract for 1 months of insurance at the cost of $320.

When they didn't provide that they shouldn't be able to change the terms. They should at least give me the enter $320 back.

Originally Posted by ecmst12

Did they send you your $320 back?

Anyway the reason this happened is that in order for Cobra to be effective, the premiums have to be paid by the deadline, all the way back to the date of termination. You had to pay from 12/24 up until 1/31 and you did not. Hence, they could not cover you for January, because you hadn't paid January's premium in full. And once the deadline has passed, there's nothing anyone can do to restart your coverage, the law says they can't.

[ecmst12]

You can't get 24 days of insurance because the law says the Cobra billing period goes from the first of the month to the last of the month. You paid for and got coverage for the end of december and didn't send the full amount due for January within the allotted time frame. Which is 90 days, so you should have had plenty of time. Because they didn't get payment in full for the month of January, they are unable to give you coverage for ANY of January. That is the way the law is written.