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| Definition of disability & Extension of COBRA for disabled dependent |
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Q: What is COBRA's definition of disability? Will I be entitled to an extension of COBRA health coverage for my infant son as long as he is considered disabled under your terms (born with congenital heart disease & will be at high-risk for life)? I was pregnant at the time I enrolled in COBRA & learned shortly thereafter, while pregnant, that my unborn has a congenital heart defect.
A: In compliance with the COBRA law, it is possible to extend the 18 months of coverage to 29 months, if and individual has been determined disabled at the time of a qualifying event. HIPPA has modified the plan by allowing the 11 month extension to consist of those disabilities that may happen before or during that first 60 days of your COBRA coverage. You must be deemed disabled by the Social Security Administration. The HIPPA law also states that not only the individual that is disabled can use the extension; all qualified beneficiaries may continue the COBRA coverage. You also need to contact the plan administrator before the end of the 18 month period. You must also notify the administrator no later than 30 days after the individual is no longer qualified as disabled by the law.
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