Any SSDI and COBRA experts here?

[jgall]

I hate the "business" of cancer - this feels so distasteful to discuss when dealing with end of life in the first place! But, we have this situation that I could really use some help with. Here's the back-story.

1. DH was unemployed when he was first diagnosed.
2. DH went on SSDI in early 2012.
3. DH got a job later in 2012, so SSDI payments were suspended.
4. DH left that job at the end of 2013 when we moved to NYC. Because he was really not well enough and had to deal with treatment, he never went back to work.
5. DH went on COBRA when he left the job, and we have carried his life insurance that way. (my job covers his medical insurance).
6. COBRA 18 months time limit expires on Tuesday, 6/30.

About 2 weeks ago I learned that there's actually a provision that allows a person who is on COBRA *and* disability to extend the COBRA for an additional 11 months. DH applied to the COBRA administrator for the extension and we just learned they denied it saying he had to apply for it within 60 days of going on COBRA! How on earth were we supposed to know this provision even existed? Don't they think we would have applied if we'd known about it. How does the government expect one to know all these little nuances?

Anyway - it's obviously in their best interest to deny it, so I'm wondering if anyone knows how this stuff works and if there's any use fighting them on it. And if so - how does one fight such a thing?

Many thanks in advance!
Julia

[Nik Colon]

I don't know. All I can say is to look through your original paperwork and see if it says in there, if so they will say it was in the info soooo, but if not, maybe you could ask a lawyer? Idk, sorry, ssdi and insurance and all the shit sux!

[Kathleen808]

Julia,
I am so sorry you have to deal with these issues. Yes, it is in the financial interest of the company to deny the COBRA extension. That said, do you know what the law states? I guess that is what you are asking us. If at all possible, I would suggest you talk to a lawyer on Monday and see if he/she can at least help you draft a letter before Tuesday. Again, I am so very sorry you are dealing with this.

Also, just a side note but I know that the girls and I can stay on Dick's cobra insurance for 3 years.

Aloha,
Kathleen

[jgall]

Well, I think I have an answer. I talked to my brother, a lawyer, and although this isn't his area of specialty he helped me interpret some of the information I was finding. I was going to come here and delete the post but then thought better of it because maybe this can help someone in the future. It sure would have helped us if we'd known or paid better attention!

File this under - read the damn paperwork!!! So, there's a provision that says if you leave a job and go on disability (or are already on disability), you can extend the COBRA benefits an additional 11 months IF you notify the plan administrator within 60 days of the day SSA determined you were disabled (or in this case since he was on SSDI before he left the job he needed to request the extension within 60 days of going on COBRA). So, basically we're screwed. It's a good thing I have a good job and am relatively financially secure, but the extra money would have been nice for him to help out some of his family or give me a cushion so I could be a little less concerned about taking leave from my job during his last weeks. C'est la vie!

Julia

[Val*pal]

Julia, it does suck having to deal with the practical financial matters during a time when someone is so ill. I'm sorry you and your husband have to experience this.

I felt crass when I opted for a small life insurance policy on my husband during his last year, but I knew I would need the cushion and it has come in handy. I was embarrassed to apply for it, but I knew I had to do it. It was a weird situation in that my employer had just changed life insurance companies and the new company agreed to grandfather in spouses of employees for six months, even if they had a terminal illness (with many stipulations, none of which applied to us). As it turns out, I lost my job three months after Danny's death due to a lack of funding (non-profit), so I was doubly glad I was "crass" enough to apply for the policy.

[Redtexa5]

While I am sorry this happened to you I really don't see how COBRA applies.

This is what the US Department of Labor says on the subject:

Life insurance is not considered “medical care,” nor are disability
benefits. COBRA does not cover plans that provide only life insurance
or disability benefits.

So if you have only been paying for life insurance his former employers are doing this on their own not as part of a legal requirement, well not as far as the Feds are concerned any way your state may have different regulations.

Here is a link to the DOL document about COBRA:
http://www.dol.gov/ebsa/pdf/cobraemployee.pdf

I do also think these little financial land mines suck, I have walked over a few myself and it is painful.