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Q: My sister had a stroke and is totally disabled right now. She will require months of rehabilitation. Her 18-month COBRA will expire in one month. Since the stroke occurred outside the first 60 days of coverage, is the county where she was previously employed still required to continue the COBRA coverage if she requests and pays the premiums?
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 at www.naic.org. to see if they have a policy available.
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