Do I Qualify?
A quick way to tell whether your situation may be worth reviewing. This isn’t a legal determination, just a starting point so you know what to expect.
Who May Qualify
You may have a claim worth reviewing if you paid a tobacco surcharge on an employer-sponsored health plan at any point in the past 6 years. The core question is whether your employer followed the federal rules for these surcharges.
Common Situations
These are the kinds of situations that often lead people to reach out:
You were charged extra for tobacco use but never offered a clear way to avoid it (like a cessation program)
You were charged even though you don’t use tobacco
You stopped using tobacco but kept getting charged
You were charged without ever completing any kind of tobacco screening or attestation
You were never told how to have the surcharge removed
Questions to Ask Yourself
Did my health insurance deduction seem higher because of tobacco use?
Was I ever clearly told how to avoid or remove the surcharge?
Did my employer offer a real alternative, like a quit program?
Did anyone explain the surcharge to me at all?
If you’re answering “no” or “I’m not sure” to these, your situation may be worth a closer look.
Documents That May Help
Pay stubs showing your health insurance deduction
You don’t need anything to get started. But if you have them, these can help speed up a review:
Open-enrollment or benefits paperwork
Any notice mentioning a tobacco surcharge or wellness program
What Doesn’t Automatically Disqualify You
A few things people worry about that usually don’t rule them out: you can’t find your paperwork, you’re not sure which plan you had, or the surcharge seemed small. None of these automatically means you don’t have a claim. When in doubt, it’s better to ask.
What Happens Next
You submit your information through a short, secure form.
The legal team reviews it to see whether a closer look makes sense.
If it does, someone reaches out to you.
Representation begins only if you and the firm both sign a written agreement.