Would you like to...

Print this page

Email this page

Post a comment

Subscribe me

Add to favorites

User Opinions (0 votes)

No users have voted.

---

How would you rate this answer?

Helpful

Not helpful Help us improve. Why was this unhelpful?

Thank you for rating this answer.

Q:  My sister is permanently disabled. She received COBRA coverage in June of 2006; she only received Social Security Disability in May of 2007. She failed to understand that she must notify the COBRA insurance within 60 days of receipt of the letter from Social Security but did notify prior to the end of the 18 months of COBRA She has now been denied the COBRA extension of 11 months. Is there anything she can do to get it back?

A:  COBRA law has specific requirements about the extension due to a disability.  The Social Security Administration must deem you disabled before or during the first 60 days of COBRA continuation.  The disability must continue during the rest of the initial 18 months.  The previous employer’s plan can set the time limit that you have to provide the “notice of disability” However; this time limit can not be less than 60 days and it must start from the date the Social Security Administration determined the disability or the date when the qualifying event or the date from when you received the COBRA notice which ever is later.  These requirements need to be met prior to the end of the initial 18 months.   

The employer does not have to provide the extension to your sister if she did not give them the letter during the 60 day time limit. You may want to contact her state's department of insurance at www.naic.org. to see if they have a policy available for her.  Most state’s have a policy for their residents when they can not obtain health insurance due to pre-existing conditions and their COBRA continuation has been exhausted.