Not properly informed of COBRA Qualifying Events.

[Guest NeedsToKnowHeatlhCare]

I was declared disabled during the first month of going on COBRA. I was led to believe it was for 18 months only, for an individual person. I did not know that I could qualify for 29 months of coverage if being declared disabled. I am now at the 15th month of my 18 month COBRA coverage and just learned about it. Would it be too late to submit it to my plan administrator, even though the rule calls for it must be submitted within 60 days of determination AND before the end of the 18 month period. I really need the extra 11 months, as I don't qualify for Medicare until May of 2006. What should I do?

[jsb]

Who declared you disabled? This is relevant to whether or not you might qualify for the 11 month extension of COBRA. You must be declared disabled for Social Security purposes in order to qualify.

[oriecat]

If you are talking about a Social Security disability determination, then I would say you should definitely send the copy in, requesting the extension. If they try to deny it, then you could inform them that you were not notified of the requirements. If you still have your original COBRA notice and it does indeed not mention anything about it, then that would make your case even stronger, in my opinion.

[Guest NeedsToKnowHeatlhCare]

The people I worked for we were a close knit bunch of people. I guess they didn't feel that they needed to explain the COBRA info to me. All I was told was what I would be paying for the next 18 months. So in essence I don't have a COBRA outline of what the qualifying events for duration of COBRA was. I only recently found out when a friend told me that I should qualify for 29 months, instead of 18, based on the fact that I was declared disabled by the SSA.

Based on the illness I have, I really need the extra 11 months, but if they deny it, I am not sure what I will do.

[Kirk Maldonado]

The DOL regulations expressly state that in your situation, the requirement that you give notice of the determination by the Social Security Administration that it has determined that you are disabled within 60 days doesn't start to begin until you are notified in writing of this requirement.

The company is clearly in breach of the COBRA notice requirements. They are just dead wrong.

You might want to consider contacting the local office of the U.S. Department of Labor to seek assistance.

YOu should log onto their website. They have a lot of information about COBRA on it, and it is written in plain English.

[Mary C]

ARe you in your 10th or 15th month? Another post by you today indicates you're in your 10th month and this one indicates 15th month.

[Guest NeedsToKnowHeatlhCare]

I am in the 15th month of my 18 month COBRA. I took the SSA stuff to the plan administrator last night, with a note stating that I was unaware of the qualifying events. He's supposed to check into this for me. The thing is I really can't wait, and now everwhere I turn it's becoming more stressful to me to find a new policy, based on my pre-existing conditions.