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Q:  What can be done to appeal a denial of an 11 month disability extension of COBRA due to the Determination Notice was dated 7/03/2007 and received on 9/17/2007 by plan administrator which was not within a 60 day requirement period of which there was no prior knowledge or notification of such a requirement. This appears to be a common problem for those applying for this extension.

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.  If these requirements have not been met then the 11 month extension will not be granted and there is no appeal process available.  You may want to contact your state’s department of insurance to see if they have a policy available for you. 

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