How to get payment regarding a flexible spending account for daycare expenses?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to get payment regarding a flexible spending account for daycare expenses?

What do I do if I am having issues getting reimbursed for my daycare expenses? I have contacted the insurance company over 10 times, I have talked to 3 supervisors, provided the proper documentation but am still waiting for the money. I have paid in to be reimbursed for last month. I am exhausted with contacting them. FSA is supposed to be a helpful service and it’s been a mentally exhausting joke so far. Can they take a month to reimburse funds which I have paid in, when I have provided proper documentation? I have asked for corporate contact or for someone above the call center management and they say there is no one.

Asked on July 4, 2017 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no specific time frame for reimbursement in the law, though if the documentation for the FSA specifies a time frame, that time frame is enforceable legally. Otherwise, while there is no set or hard-and-fast standard, there is still the concept of a "reasonable" time period. While admittedly subjective and hard to define, the law does impute a requirement to all contracts and agreements (like the policy or agreement establishing the FSA) for the parties thereto to act in a "reasonable" fashion, including with reasonable speed or alacrity. Once you conclude that there is no doubt but that they have taken an unreasonably long time to pay you, you could sue the insurer for "breach of contract"--for violating their obligation to reimburse you from the account.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption