Can you appeal a forfeiture of your health care flexible spending account?

It is possible to appeal a forfeiture of your health care flexible spending account (FSA). The specific process for doing so will vary depending on the plan administrator of your FSA, but there are a few general steps that you can follow.

1. Review your plan documents. The summary plan description (SPD) for your FSA will outline the plan's rules and procedures, including the process for appealing a forfeiture. Make sure to read this document carefully so that you understand the requirements and deadlines for filing an appeal.

2. Gather evidence to support your appeal. This could include documentation showing that you incurred eligible medical expenses during the plan year, proof that you were unable to submit your claims on time due to extenuating circumstances, or any other information that supports your claim.

3. File your appeal in writing. The appeal should be submitted to the plan administrator in writing and should include the following information:

* Your name, address, and contact information

* The name of the plan

* The date of the forfeiture

* The amount of the forfeiture

* The reasons for the forfeiture

* The evidence supporting your appeal

4. Follow up with the plan administrator. After you have filed your appeal, follow up with the plan administrator to make sure that they received your appeal and to inquire about the status of your appeal. The plan administrator is required to respond to your appeal within a reasonable period of time.

5. Consider external review. If you are not satisfied with the plan administrator's decision on your appeal, you may be able to submit your appeal to an external review entity, such as the Employee Benefits Security Administration (EBSA).

It is important to note that the success of your appeal will depend on the specific circumstances of your case and the terms of your FSA plan. If you have any questions about the appeal process, you should contact the plan administrator or an attorney who specializes in employee benefits law.