• 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.

Cobra Eligibility Period - 12 months?

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

janedoe123

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

My husband was laid off in June 2007. As part of his severance package, we continued to receive health insurance through the company plan through November 2007. (During that time he also received severance pay from the company; they continued deducting insurance premiums from the severance pay at the same rate we paid before the lay-off.)

In December 2007 my husband bought an individual insurance policy. I opted for COBRA. Today I was notified by the Cobra administrator that my coverage will expire at the end of December 2008 "...when you have reached the maximum period allowed..."

I am confused, because I thought Cobra lasted 18 months, not 12. I can only guess that they are calculating 18 months based on the June 2007 termination date. But I wasn't even ELIGIBLE for Cobra until the "regular" insurance was terminated in Nov 2007. So wouldn't that be the date that determines the start of the 18-month period? (Does the termination date on the "proof of coverage" letter have any bearing? I'm pretty sure it says Nov 2007 but can verify, if it's pertinent.)

Before I start making phone calls, I'm hoping someone here can tell me what SHOULD happen in this situation. Thanks.
 


cbg

I'm a Northern Girl
I talked to the DOL directly about this a few years back when we were laying off employees and were going to pay their coverage for a few months.

COBRA started in June of 2007. The fact that the company paid for it for the first six months does not change the fact that the six months they paid for was part of the COBRA 18 months. As far as the DOL is concerned, you got the entire 18 months of COBRA and your husband's coverage very nicely paid your first six months of COBRA premiums.
 

TIMMAAYY

Member
Just curious... were you not eligible for individual insurance along with your husband? Did you apply? Were you turned down?
 

TIMMAAYY

Member
If your husband is still not employed and you need coverage, you are federally eligible for the Texas State Pool insurance program.

Go here for info:

www.txhealthpool.org

Depending on your zipcode and age ( and gender of course! ) the rates can be a little on the high side ( maternity is built into the female rates up to a certain point which really distorts the curve ).

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

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