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Q: I have a question for group coverage. They have a member that is out on Long term disability and was receiving Cobra benefits. The carrier termed him because his cobra regular benefits were up and now that he is on disability he should get an extra 11 month extension. However, his Social security paperwork is pending due to the courts. The carrier termed him effective 9-29-2007. If and once the paperwork is approved, would he be allowed to come onto the cobra plan back on effective 10-1-2007 with no break in coverage? If not, what are his other options for insurance coverage?
A: COBRA law has specific requirements about the extension due to a disability. The Social Security Administration must deem you disabled before or during the first 60 days of COBRA continuation. The disability must continue during the rest of the initial 18 months. The previous employer’s plan can set the time limit that you have to provide the “notice of disability” However; this time limit can not be less than 60 days and it must start from the date the Social Security Administration determined the disability or the date when the qualifying event or the date from when you received the COBRA notice which ever is later. These requirements need to be met prior to the end of the initial 18 months. You may want to contact your state's department of insurance to see if they have a policy available.
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