Can my employer dispute my eligibility for continuation of health insurance benefits?
It depends. The law is ambiguous on this point, and there has been no higher court determination as to whether an employer has the statutory right to contest a disability beneficiary’s entitlement to continuation of health insurance benefits. It is our position that the legislature did not intend for an employer to have a right to dispute entitlement to this benefit; however, at least one administrative law judge has held that the employer does have a right to contest eligibility. Our firm has successfully handled numerous cases involving disputes over continuation of health insurance benefits. If a dispute arises, the case proceeds to a contested case hearing before an administrative law judge at the Office of Administrative Hearings, however disputes over continuation of health insurance benefits are uncommon.