Question of the Week

Posted by BAS - 30 April, 2015

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Q. A COBRA continuant says he is disabled and wants an additional 11 months of COBRA coverage due to disability. Does he have to show proof of his disability within any specific time frame?

A. The COBRA rules provide that a plan can set a time limit for a person to provide notice of disability, but that limit cannot end before 60 days after the latest of

  • The date on which the SSA issues the disability determination;
  • The date on which the qualifying event occurs;
  • The date on which the qualified beneficiary loses (or would lose) coverage under the plan as a result of the qualifying event; or
  • The date on which the qualified beneficiary is furnished the COBRA election notice or SPD (in which the qualified beneficiary is informed of the obligation to provide the disability notice).

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