anyone here familiar with getting legal help...and how do you file for COBRA?

[MrsBrady]

Long story short....
sent a document to a lawyer to look over...yesterday morning.
How long should I wait before I know he can help or will get back with us?
I know the guy, but don't want to be a pest. He's reliable...that's not what I'm worried about.
I sent an email this morning asking him to call if he has any questions.
There is a HUGE deadline for next week to get this document back to my husband's former employer.
We were hoping to have this resolved by this Friday, just so we an stop thinking about it.
How often should I call the lawyer, and how long does it take for them to get back with you?
I'll see this lawyer on Thursday in a completely different context...I just have never needed a lawyer before, and don't know how to handle this.


Also, I've read through the government website for COBRA, but it's not clear to me how to proceed.
Do I just call up my DH former employer and ask them to start the process?

[LeftyFingerPop]

1. The lawyer's response time...

would correspond to the urgency of the matter. Since you are paying him, it is up to him to make sure that the matter is handled by the due date.

That being said, there is nothing to say that he may have forgotten about it, or that another matter took priority.

I would phone him and ask him when you can expect the matter to be resolved, and I would reiterate the due date. If he keeps putting you off. I would keep phoning.

It is the responsibility of your DH's former employer to administer the COBRA. They file all of the paperwork and collect the premiums to be forwarded to the insurance company. I would phone them and tell them that you want to start the process. Document the time and date of the phone call. Follow up if needed.

[LeftyFingerPop]

2. One more thing....

Instead of phoning DH's former employer....write them a letter...send it certified return receipt.

[MrsBrady]

4. good idea

[MrsBrady]

3. ok...so...

he's got severance for two months, where they will continue to pay for health benefits...

should I go ahead and tell them that we will want to start cobra after that time?

my mother suggested I call the insurance company and find out who is servicing the plan...she said sometimes it's not the company...is that true?
She said that she would pay the money directly to the insurance company to make sure they got the money....
can you do that?


Does HR tell me how much the premium will be?

I don't trust them...so how do I know they are giving me correct information?

[LeftyFingerPop]

9. In the cases that I have seen...

the employer administers the plan, and they will bill you for the premium. It would be up to the employer to tell you if this is not the case.

Call them and ask who does the administration, and then state your intent to utilize COBRA benefits after their payment runs out. It is up to them to give you guidance.

They will most likely end up sending you a package with all of the information.

Don't worry...COBRA usually flows smoothly.

[Raven]

5. Call the lawyer...forget the certified letter...call asap and tell the

lawyer what your deadline is. Forget being a pest. You are the client, you have a right to be a pest. Make sure this lawyer knows what your deadlines are and make sure the lawyer knows what you expect. Don't be shy about this!!!

[LeftyFingerPop]

8. The letter had to do with COBRA, not the lawyer.

She should both call her employer and send a certified follow up letter stating her intent with COBRA. :hi:

[rcrush]

6. I paid $1500 retainer to a lawyer that doesn't return calls or emails

So I have no idea if they even give a shit.

[Raven]

7. Demand your file and the retainer back and file a complaint with

your State Bar. No excuse for that!

[LeftyFingerPop]

10. Mrs. Brady, I'm curious about the "lawyer" portion of your question...

My guess is that the company is requiring your DH to sign a termination agreement where he agrees not to sue the company for any employment related matters. I am also guessing that they will refuse his severance if he does not sign.

Is this what you are having the lawyer review?

[MrsBrady]

11. your getting the gist....

My husband's getting screwed and taken advantage of...and in a perfect world we would sue....he was fired over such BS.
we just don't have time and can't risk not having insurance.
it's a long story, and don't want to put the whole thing on the internet, just in case.

in any event....we will have to sign, I just wanted to make sure that I'm not giving up my first born...
because they are making us give up so much already. Since they fired him, they don't have to pay him as much as they would if they were to lay him off.
His boss lied about things and made up stuff so that he could fire my husband instead of laying him off.
They laid off a few other people in other cities...but my husband is the only one that was "fired".

DH is having surgery monday, won't be able to work for a while...his boss knew this, and is being vindictive just because he could.
How do I know this? That's another long story.

My husband loved his job, and the a-hole just moved to headquarters. We thought he was gone, but fired my DH through the brand new manager anyway.
The company pissed off a large big-name you would recognize customer when they fired my husband, so that makes us feel a little better. :evilgrin:

[LeftyFingerPop]

12. Well...

I wish you and your husband the best of luck...especially with his surgery.

I've had to sign a really onerous termination document before...I ran it by a lawyer and he basically told me that it would be too expensive for me to challenge it. However, each situation is different, and you are definitely doing the right thing by having a lawyer review it before he signs.

Just keep on the lawyer's ass to have him look at it before the deadline.

And again, don't worry too much about the COBRA...just make sure to follow up with the company and you should be OK.

Try not to harbor any bad feelings for his boss, because his time will come too, and living well is the best revenge. :)

[MrsBrady]

13. thank you so much

I said the exact same thing to my husband today... living well is the best revenge.

on edit: we are very lucky to have each other, and I don't take the DH for granted.
I'm a lucky woman.

Yes, I would love to challenge that document...and I think the lawyer would too.
He's a very good Democrat, he is.

But I think I know what he is going to say.

Thanks for your help. :hi:

[csziggy]

14. Our experience with COBRA was they send you the paperwork

Ours was administered by a separate company and we had to go through them for everything a far as payment. I think sending out the paperwork is pretty much automatic these days, but it would not hurt to check since you have a limited amount of time to get into the system. Brace yourself for how expensive it is, though.

[mockmonkey]

15. Former EMPLOYER...

has a certain number of days to get the Cobra paperwork to you.

Here's a FAQ link:

http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html

If your husband qualifies and his former employer is giving him the runaround about the paperwork, don't be afraid to call the Department of Labor.

My former employer's HR person was totally inept and the 60 days was almost up for me to elect coverage. I talked to the HR person 3 times in person along with several phone calls. I finally called the Department of Labor and they called the HR representative with me listening and threatened them (it was awesome!) I got my paperwork right away.


Recap:

If your husband qualifies he has 60 days to elect coverage and then 45 days after electing coverage to pay the initial premium.

[pitohui]

16. in my experience lawyers are terrible abt response time

if there's a firm deadline for something, you need to be calling the lawyer and also have an alternative way of meeting the deadline

otherwise if my experience and my other friends' experience is any indicator, you could easily miss the deadline because the big money cases/ squeaky wheels get the attention