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1 year requirement for COBRA?

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1 year requirement for COBRA?

Postby Crystal » Sat Apr 16, 2011 6:27 pm

My divorce states my ex needs to provde ins for our 2 dibetic daughters. He just got laid off after 6 months for a major company and says he can not get Cobra because he was not there for a year. My youngest is very brittle and we had hopes of getting a divice to help her thru this ins. How can I find out if he could get the Cobra? I can not afford an attorney.
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Re: 1 year requirement for COBRA?

Postby FredSneed » Sun Apr 17, 2011 1:45 am

Crystal:

I am sorry, but on federal COBRA he only has to participate one full day on the plan. It's possible if he works for a smaller employer (under 20 total employees) that is may have a 1-3 month participation requirement, but 1 year is well absurd.

If he is being lied to, he needs to send a demand letter to his old employer requesting the needed COBRA docs.
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Re: 1 year requirement for COBRA?

Postby 30000 feet » Thu Apr 21, 2011 3:27 pm

Your ex husband is lying to you, as current and former husbands sometimes do. He gets the cobra bill, freaks out and makes upa fake requirement. Pull up the full text of cobra and you will see no 1 year requirement. For anything. Ask to see the plan rules.
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Re: 1 year requirement for COBRA?

Postby Cinco De Mayo » Sun May 01, 2011 2:45 pm

Contact your ex-husband's HR dept. Don't trust him. There are reason's he's your ex. The HR dept has to notify the carrier of the termination of your group health insurance. His employer has 30 days to notify the health plan admin people of the termination. The group health plan admin people have 14 days to get the paperwork to you. You will have 60 days to elect the coverage (don't send in a waiver) and another 45 days after that to pay the HIGH premiums.
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Re: 1 year requirement for COBRA?

Postby Mbren » Sat Nov 12, 2011 10:55 pm

some employer nasty letter, they usually will comply versus paying for legal advice. Most companies want to do the right thing, unless your ex-husband is popular at the company.
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Re: 1 year requirement for COBRA?

Postby Casey » Mon Nov 14, 2011 1:09 am

What state are you in? I am not familiar with any 6 month requirement. Federally, it's 1 full day. Under Obamacare it will be instant upon hiring.

It sounds like BS. Have you show you the health plan rules or else he owes you the coverage. You can sign up and have him pay? Cobra insurance and divorce.
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