COBRA Extension to 29 months

[Guest akwallace]

Do employers give the 29 month COBRA extension in cases where the employee has not yet been disabled by Social Security during the first 60 days of COBRA?

We have a participant who has requested an extension, saying that it can take years to get a s.s. determination, and that other employers accept a doctor's note only.

I have always thought that we should follow the COBRA regs., but are other employers more lenient?

Thanks.

[Kirk Maldonado]

The test is when was the the participant was disabled; not when the Social Security Administration makes that determination.

The only time limitation is that the plan has to get notice of the determination by the Social Security Administration before the 18-month period expires.

I question the veracity of the participant's statement that other employers waive that requirement. Remember that typically an insurance company would be on the hook, so that the employer couldn't act unilaterally. I wouldn't take any hot stock tips from that person.

[Guest b2kates]

our rule is to grant the extension only upon receipt of notice by SSA.

So long as the disability is recognized by SSA prior to the 18 months ending, we will permit the extension; but if not timely no extension

[Mary C]

We are a large (100,000 employee) multi-state company and extend COBRA time period only upon receipt of the SSA award as long as it is presented to us within the initial 18 month COBRA period. We were asked once allow the extension based on a doctor's note and the fact the participant was receiving California state disability payments, but denied the request.

[Kirk Maldonado]

See Marsh v. Omaha Printing Co., 2000 U.S. App. LEXIS 15923 (8th Cir., July 12, 2000), which holds that the determination of whether the person is disabled must be made by the Social Security Administation, not by a doctor.