• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

11 month cobra extension in PA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

camillel150

Junior Member
What is the name of your state (only U.S. law)? PA

My husband has been disabled since 2001. I lost my job a year and a half ago and am still unemployed and about to lose COBRA. I can get a transfer policy for myself but I can't find one for my husband because he's on Medicare and has PART A ONLY. Becuase he doesn't have parts A and B I can't find anyone to write him a policy, and he won't be eligible for part B until July, 2011.

I am trying to get him the 11 month cobra extension but they (Cobra reps) are saying I would have had to have notified them within 60 days of beginning my COBRA coverage that he was disabled. They were notified of his disability when I signed up for COBRA but it was verbal so I don't have any documentation.

When I looked at my paperwork however, I noticed that it doesn't really say they need to be notified within 60 days of us electing COBRA. Instead, it says "The Social Security Administration must determine that the qualified beneficiary was disabled at some time during the first 60 days of continuation coverage and you must notify COBRA of that fact within 60 days of the SSA's determination...".

So... we went to the SSA Office and had them write a note that states that my husband has been disabled since 2001 and goes on to say that "It is our determination that he was disabled the first 60 days of his cobra coverage". I thought that would be able to serve as their "determination" and since it was dated just a few days ago, that would mean I was notifying them within their 60 day period.

They don't agree and it's still being denied. My husband is on life sustaining medicine that costs 3,500 per month and we are at the end of our rope and have exhausted all of our resources. As of November 1 he will have no coverage and we will have no way or procurring this drug.

Any advice to help us get this cobra extension would be greatly appreciated. Thank you.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top