Question

Is it legal for Cigna and my company to say they are still creating/writing my policy?

Asked on March 14th 2013 by Dick
I have been on Cigna STD since Jan. 2013 under FMLA due a spine tumour. I have been trying to get a copy of my disability policy since January. My company and Cigna both tell me they are in the process of creating/writing the policy and it is not yet complete but they might have it in March. I have no idea what the terms of my policy are and what to expect. Does this mean I don’t currently have a policy even though they have been sending me disability checks every week? I have been paying a portion of the disability premium out of each pay-check but yet I don’t have a contract or policy. Is this legal?

Answer

Answered on March 15th 2013 by Attorney Stephen Jessup

Dick, this is a very strange situation. Under the ERISA regulations your employer only has 30 days to comply with your written request. You must make sure your request for the policy is sent to your employer via certified mail. The good news is that they are paying you. Let us know if you need assistance.