My employer gave me my COBRA insurance 7 months after the qualifying event. Is this legal?

Question

My last day of work was Mar 7 08, they gave me notice that my COBRA started Sept 07, then billed me for that time. I never got to accept or decline the COBRA,I could have gotten on my spouses insurance,now they want me to pay back all the insurance. I never asked for it and they never canceled the insurance when I did not pay.

Answer 1

I'm guessing you meant Mar 7, '07 was your last day.Somebody goofed. Better give them a call and see if that's the case. Follow it up with a letter and include what they told you when you called them. Include the names of the people you spoke with. It's always a good idea to have a papertrail...

They can bill you all they want, you are not obligated to pay if you don't want or need the insurance.

I hope you DID get on your spouses insurance.

EDIT:Your spouses insurance HAS to add you and you don't have to wait until open enrollment. Take the COBRA paperwork to them for proof and get added ASAP! BTW-you don't have to lose your job, you just have to lose your insurance through your employer! It's a qualifying event!

Answer 2

There must be more to this story than you're relating here.

Answer 3

Based on what you've said here, this sounds like a case of mistaken paperwork.  COBRA doesn't start until after you've left your job.  You should have been covered under your employer's plan until March 31st, and then your COBRA would start on April 1.

And yes you DO have to elect coverage.

You will want to either call the company's Agent, or the Insurance Carrier, and straighten things out with them.