| Author |
Message |
    
Lucy Smith
Citizen
Username: Lucy123
Post Number: 89
Registered: 6-2005
| | Posted on Friday, February 17, 2006 - 12:49 pm: | 
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I am hoping someone can help me out.
I had a FSA with my company which I left in 7/05. At the time I left, I had paid into the account $272.77 and had only used $100.40. In October I bought contacts and submitted the claim to the company and it was denied since the expense was incurred after I terminated my employment. I spoke with my former employer and they told me I lost the almost $200 in my FSA because I didn't sign up for COBRA. Can anyone please help me if this is correct? Or are they trying to pull one over on me to keep my $200??? Any help would be appreciated. |
Pippi
Supporter
Username: Pippi
Post Number: 1767
Registered: 8-2003
| | Posted on Friday, February 17, 2006 - 1:26 pm: |
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I just had a meeting with a company yesterday to set up FSAs.
They told me that you have 30 days in which to use the rest of the money, or forfeit it.
Also, I have gotten the very distinct impression that health insurance and FSA's are not related, so Cobra should have no bearing. I could be wrong on that one, though. |
Pippi
Supporter
Username: Pippi
Post Number: 1768
Registered: 8-2003
| | Posted on Friday, February 17, 2006 - 1:26 pm: |
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to clarify: 30 days after the last date of employment |
Pippi
Supporter
Username: Pippi
Post Number: 1769
Registered: 8-2003
| | Posted on Friday, February 17, 2006 - 1:40 pm: |
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to clarify: 30 days after the last date of employment |
mooewe
Citizen
Username: Mooewe
Post Number: 322
Registered: 6-2001
| | Posted on Friday, February 17, 2006 - 1:44 pm: |
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Lucy, sorry, but the employer is correct regarding the balance in the FSA being forfeited at this point. It sucks, I know, and you should have been told when you left that you needed to spend the remaining balance by a certain date in order to get it back.
The flip side of this is, if you had elected to put in $500 for the calendar year, but had only put in $272.77 at the time you left, you could have legitimately claimed and received the entire $500 you elected - providing you had actually incurred the expenses, of course. |
Lucy Smith
Citizen
Username: Lucy123
Post Number: 91
Registered: 6-2005
| | Posted on Friday, February 17, 2006 - 1:55 pm: |
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Thanks everyone! My main issue was that I spoke to about 3 different people who couldn't tell me exactly "where it was written" or "who should have told me." They were giving me such a run around and each person was giving me a different answer that I felt like maybe something was up. I knew my fellow MOLers would give me a STRAIGHT ANSWER!!! Unfortunately, my past employer never told any of us (a few of us left around the same time)that this was the case with the FSA...which actually is par for the course for my experiences with that company...I just have to suck it up as a loss for the year...oh well...Thanks everyone for your responses!  |
Pippi
Supporter
Username: Pippi
Post Number: 1770
Registered: 8-2003
| | Posted on Friday, February 17, 2006 - 2:15 pm: |
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It was the company's responsibility to tell you BEFORE you signed up for it. If my company decides to offer FSA I will make sure this doesn't happen.... |
Lucy Smith
Citizen
Username: Lucy123
Post Number: 92
Registered: 6-2005
| | Posted on Friday, February 17, 2006 - 2:28 pm: |
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One of the women i talked to first told me it was supposed to be told to me at my Exit Interview. She then later told me she didn't say that, that it should have been in the COBRA package. The manager I spoke to next was the one who told me it "should" have been told to me when signing up and "should" have been in the benefits package summaries. None of the three senarios happened. Oh well. But now I know for future reference but it still makes the steam come out from my ears...just another case of somebody not doing their job and we are the ones SOL because of it. and there is no recourse...(maybe i should move it to soapbox now???? thanks again everyone! |
dave23
Citizen
Username: Dave23
Post Number: 1354
Registered: 5-2001
| | Posted on Friday, February 17, 2006 - 2:37 pm: |
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If you can find receipts for costs (doctor's visits, glasses, OTC and prescription drugs) incurred while you were still with the company, you can get your money back. |
Taurus5208
Citizen
Username: Taurus5208
Post Number: 147
Registered: 10-2004
| | Posted on Friday, February 17, 2006 - 2:39 pm: |
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I don't know if it makes a difference, but with my company it says in the benefits package that if you terminate your emloyment you have the remainder of that calendar month to use any of your benefits however if you are terminated by the company, your benefits expire on your last day of employment. It, by the way, has nothing to do with COBRA. |
redY67
Citizen
Username: Redy67
Post Number: 4893
Registered: 2-2003
| | Posted on Friday, February 17, 2006 - 3:09 pm: |
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Lucy something similar happened with me, sometimes your employer can override it. If you have a certain amount of time to submit receipts, the employer can extend the time. So look for ANY receipts you may have while you were still employed and submit them ASAP |
shoshannah
Citizen
Username: Shoshannah
Post Number: 1187
Registered: 7-2002
| | Posted on Friday, February 17, 2006 - 8:22 pm: |
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I believe red is correct. When my husband left a job, we submitted FSA receipts six months later and it was accepted. Before I submitted, I checked with the administering company, which said that it is at the employer's discretion. |
mooewe
Citizen
Username: Mooewe
Post Number: 323
Registered: 6-2001
| | Posted on Friday, February 17, 2006 - 8:42 pm: |
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Lucy, are you sure your employer didn't give you any kind of written benefits literature when you were first employed, or when you signed up for the FSA? It seems incredible that they wouldn't do this, but if that truly is the case, it sounds illegal to me, and you shouldn't just give up.
The first thing you should do is confront your former HR people and tell them you were given no information about this. If they concede this point, and can't produce any written literature, ask if they will waive the time requirements and honor your request for reimbursement.
Failing this, you might want to take a stab at contacting the IRS. There is a Taxpayer Advocate's office in Springfield at the following number: 973-921-4043; address: 955 S. Springfield Ave., 1st Floor, Springfield, NJ 07081. Run the situation by them, and maybe they can help, or set you in the right direction.
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mooewe
Citizen
Username: Mooewe
Post Number: 324
Registered: 6-2001
| | Posted on Friday, February 17, 2006 - 8:45 pm: |
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Oh, and further support to what others have said about the so-called COBRA requirement - it's BS. You don't even have to be in your employer's medical insurance plan to participate in the FSA. |
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