When Can COBRA Be Extended to 36 Months?

When Can COBRA Be Extended to 36 Months?

If you've recently lost your job, you may be wondering whether you're eligible for COBRA health insurance coverage. COBRA is a federal law that allows employees who have lost their jobs to temporarily continue their employer-sponsored health insurance coverage. In most cases, COBRA coverage can be extended for 18 months. However, there are a few circumstances under which COBRA coverage can be extended to 36 months.

One circumstance is if you're a disabled employee. If you're considered disabled under the Social Security Administration's (SSA) definition, you may be eligible for an additional 18 months of COBRA coverage. To be eligible, you must have been disabled at the time you lost your job, and you must continue to be disabled throughout the 18-month extension period.

Another circumstance under which COBRA coverage can be extended to 36 months is if you have a child who is receiving COBRA coverage and who becomes disabled. If your child is considered disabled under the SSA's definition, their COBRA coverage can be extended for an additional 18 months. To be eligible, the child must have become disabled while they were receiving COBRA coverage, and they must continue to be disabled throughout the 18-month extension period.

If you think you may be eligible for an extension of your COBRA coverage, you should contact your employer's group health plan administrator. The plan administrator will be able to provide you with more information about the requirements for extending COBRA coverage and help you file the necessary paperwork.

When Can COBRA Be Extended to 36 Months?

COBRA extension eligibility conditions.

  • Disabled employee
  • Disabled child
  • Second qualifying event
  • Employer bankruptcy
  • Military service
  • National Guard service
  • Certain disasters
  • COBRA premium assistance

Contact employer's group health plan administrator for more information.

Disabled Employee

If you're a disabled employee, you may be eligible for an additional 18 months of COBRA coverage. To be eligible, you must meet the following requirements:

  • You must have been disabled at the time you lost your job.
  • You must be considered disabled under the Social Security Administration's (SSA) definition of disability.
  • You must continue to be disabled throughout the 18-month extension period.

The SSA defines disability as the inability to engage in any substantial gainful activity (SGA) due to a medically determinable physical or mental impairment that is expected to last for at least 12 months or result in death.

To apply for an extension of COBRA coverage due to disability, you must submit a certificate of disability to your employer's group health plan administrator. The certificate of disability must be signed by a physician who is licensed to practice medicine in the state where you live.

Once you have submitted the certificate of disability, the plan administrator will determine whether you are eligible for an extension of COBRA coverage. If you are approved, you will be responsible for paying the COBRA premiums, which can be expensive. However, there are a number of resources available to help you pay for COBRA coverage, including COBRA premium assistance and Medicaid.

If you have any questions about COBRA coverage for disabled employees, you should contact your employer's group health plan administrator.

Disabled Child

If you have a child who is receiving COBRA coverage and who becomes disabled, your child's COBRA coverage can be extended for an additional 18 months. To be eligible, the following requirements must be met:

  • Child must be disabled.

    Your child must be considered disabled under the Social Security Administration's (SSA) definition of disability.

  • Disability must occur while receiving COBRA coverage.

    Your child must have become disabled while they were receiving COBRA coverage.

  • Disability must continue throughout extension period.

    Your child must continue to be disabled throughout the 18-month extension period.

  • Submit certificate of disability.

    To apply for an extension of COBRA coverage due to a disabled child, you must submit a certificate of disability to your employer's group health plan administrator. The certificate of disability must be signed by a physician who is licensed to practice medicine in the state where your child lives.

Once you have submitted the certificate of disability, the plan administrator will determine whether your child is eligible for an extension of COBRA coverage. If your child is approved, you will be responsible for paying the COBRA premiums. However, there are a number of resources available to help you pay for COBRA coverage, including COBRA premium assistance and Medicaid.

Second Qualifying Event

In some cases, a second qualifying event can trigger an extension of COBRA coverage to 36 months. A second qualifying event is an event that would have caused you to lose COBRA coverage if it had occurred during your initial 18-month COBRA coverage period. Second qualifying events include:

  • Death of the covered employee.

    If the covered employee dies, their dependents may be eligible for an extension of COBRA coverage for up to 36 months.

  • Divorce or legal separation from the covered employee.

    If you divorce or legally separate from the covered employee, you may be eligible for an extension of COBRA coverage for up to 36 months.

  • Dependent child loses eligibility.

    If your dependent child loses eligibility for COBRA coverage because they turn 26, get married, or become eligible for other health insurance coverage, you may be eligible for an extension of COBRA coverage for up to 36 months.

  • Employee becomes eligible for Medicare.

    If the covered employee becomes eligible for Medicare, their dependents may be eligible for an extension of COBRA coverage for up to 36 months.

To apply for an extension of COBRA coverage due to a second qualifying event, you must submit a new COBRA election form to your employer's group health plan administrator. The plan administrator will determine whether you are eligible for an extension of COBRA coverage. If you are approved, you will be responsible for paying the COBRA premiums.

Employer Bankruptcy

If your employer files for bankruptcy, you may be eligible for an extension of COBRA coverage for up to 36 months. This is because the Bankruptcy Code gives employees who lose their jobs due to a bankruptcy the right to continue their employer-sponsored health insurance coverage for a longer period of time.

To be eligible for an extension of COBRA coverage due to employer bankruptcy, you must meet the following requirements:

  • You must have been employed by the bankrupt employer for at least 1 year.
  • You must have been covered by the employer's group health plan at the time the employer filed for bankruptcy.
  • You must continue to pay the COBRA premiums.

If you meet these requirements, you can elect to continue your COBRA coverage for up to 36 months. However, you will be responsible for paying the full cost of the COBRA premiums, which can be expensive.

To apply for an extension of COBRA coverage due to employer bankruptcy, you should contact your employer's group health plan administrator. The plan administrator will provide you with the necessary forms and instructions.

If you have any questions about COBRA coverage and employer bankruptcy, you can contact the U.S. Department of Labor's Employee Benefits Security Administration (EBSA) at 1-866-444-3272.

Military Service

If you are called to active military duty, you may be eligible for an extension of COBRA coverage for up to 36 months. This is because the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the health insurance coverage of employees who are called to active military duty.

To be eligible for an extension of COBRA coverage due to military service, you must meet the following requirements:

  • You must have been employed by your employer for at least 1 year.
  • You must have been covered by the employer's group health plan at the time you were called to active military duty.
  • You must continue to pay the COBRA premiums.

If you meet these requirements, you can elect to continue your COBRA coverage for up to 36 months while you are on active military duty and for 18 months after you are discharged from active military duty. However, you will be responsible for paying the full cost of the COBRA premiums, which can be expensive.

To apply for an extension of COBRA coverage due to military service, you should contact your employer's group health plan administrator. The plan administrator will provide you with the necessary forms and instructions.

If you have any questions about COBRA coverage and military service, you can contact the U.S. Department of Labor's Employee Benefits Security Administration (EBSA) at 1-866-444-3272.

National Guard Service

If you are a member of the National Guard and you are called to active duty for more than 30 days, you may be eligible for an extension of COBRA coverage for up to 36 months. This is because the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the health insurance coverage of employees who are called to active military duty, including National Guard duty.

  • Qualifying for COBRA extension.

    To be eligible for an extension of COBRA coverage due to National Guard service, you must meet the following requirements:

    • You must have been employed by your employer for at least 1 year.
    • You must have been covered by the employer's group health plan at the time you were called to active National Guard duty.
    • You must continue to pay the COBRA premiums.
  • Length of COBRA extension.

    If you meet the eligibility requirements, you can elect to continue your COBRA coverage for up to 36 months while you are on active National Guard duty and for 18 months after you are discharged from active National Guard duty.

  • Cost of COBRA coverage.

    However, you will be responsible for paying the full cost of the COBRA premiums, which can be expensive.

  • Applying for COBRA extension.

    To apply for an extension of COBRA coverage due to National Guard service, you should contact your employer's group health plan administrator. The plan administrator will provide you with the necessary forms and instructions.

If you have any questions about COBRA coverage and National Guard service, you can contact the U.S. Department of Labor's Employee Benefits Security Administration (EBSA) at 1-866-444-3272.

Certain Disasters

If you are affected by a major disaster, you may be eligible for an extension of COBRA coverage for up to 36 months. This is because the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) allows for an extension of COBRA coverage in the event of a major disaster, such as a hurricane, earthquake, or flood.

  • Qualifying for COBRA extension.

    To be eligible for an extension of COBRA coverage due to a major disaster, you must meet the following requirements:

    • You must have been employed by your employer for at least 1 year.
    • You must have been covered by the employer's group health plan at the time of the major disaster.
    • You must continue to pay the COBRA premiums.
  • Length of COBRA extension.

    If you meet the eligibility requirements, you can elect to continue your COBRA coverage for up to 36 months following the date of the major disaster.

  • Cost of COBRA coverage.

    However, you will be responsible for paying the full cost of the COBRA premiums, which can be expensive.

  • Applying for COBRA extension.

    To apply for an extension of COBRA coverage due to a major disaster, you should contact your employer's group health plan administrator. The plan administrator will provide you with the necessary forms and instructions.

If you have any questions about COBRA coverage and major disasters, you can contact the U.S. Department of Labor's Employee Benefits Security Administration (EBSA) at 1-866-444-3272.

COBRA Premium Assistance

If you are eligible for COBRA coverage, you may be able to get help paying for the COBRA premiums. This is because the American Rescue Plan Act of 2021 provides COBRA premium assistance to certain individuals who have lost their jobs due to the COVID-19 pandemic.

  • Who is eligible for COBRA premium assistance.

    To be eligible for COBRA premium assistance, you must meet the following requirements:

    • You must have lost your job involuntarily due to the COVID-19 pandemic.
    • You must be eligible for COBRA coverage.
    • Your COBRA premiums must be at least 35% of your household income.
  • Amount of COBRA premium assistance.

    If you are eligible for COBRA premium assistance, the government will pay 100% of your COBRA premiums for up to 6 months.

  • Applying for COBRA premium assistance.

    To apply for COBRA premium assistance, you must contact the COBRA administrator for your former employer's group health plan. The COBRA administrator will provide you with the necessary forms and instructions.

  • Deadline to apply for COBRA premium assistance.

    The deadline to apply for COBRA premium assistance is September 30, 2021.

If you have any questions about COBRA premium assistance, you can contact the U.S. Department of Labor's Employee Benefits Security Administration (EBSA) at 1-866-444-3272.

FAQ

Here are some frequently asked questions (FAQs) about when COBRA can be extended to 36 months:

Question 1: I'm disabled. Can I extend my COBRA coverage to 36 months?
Answer 1: Yes, if you are considered disabled under the Social Security Administration's (SSA) definition of disability, you may be eligible for an additional 18 months of COBRA coverage. To be eligible, you must have been disabled at the time you lost your job, and you must continue to be disabled throughout the 18-month extension period.

Question 2: My child is disabled. Can I extend my COBRA coverage to 36 months?
Answer 2: Yes, if your child is considered disabled under the SSA's definition of disability and becomes disabled while they are receiving COBRA coverage, their COBRA coverage can be extended for an additional 18 months. To be eligible, the child must continue to be disabled throughout the 18-month extension period.

Question 3: I had a second qualifying event. Can I extend my COBRA coverage to 36 months?
Answer 3: Yes, in some cases, a second qualifying event can trigger an extension of COBRA coverage to 36 months. Second qualifying events include the death of the covered employee, divorce or legal separation from the covered employee, a dependent child losing eligibility for COBRA coverage, and the employee becoming eligible for Medicare.

Question 4: My employer filed for bankruptcy. Can I extend my COBRA coverage to 36 months?
Answer 4: Yes, if your employer files for bankruptcy, you may be eligible for an extension of COBRA coverage for up to 36 months. To be eligible, you must have been employed by the bankrupt employer for at least 1 year and covered by the employer's group health plan at the time the employer filed for bankruptcy. You must also continue to pay the COBRA premiums.

Question 5: I'm called to active military duty. Can I extend my COBRA coverage to 36 months?
Answer 5: Yes, if you are called to active military duty, you may be eligible for an extension of COBRA coverage for up to 36 months. To be eligible, you must have been employed by your employer for at least 1 year and covered by the employer's group health plan at the time you were called to active military duty. You must also continue to pay the COBRA premiums.

Question 6: I'm a member of the National Guard and I'm called to active duty. Can I extend my COBRA coverage to 36 months?
Answer 6: Yes, if you are a member of the National Guard and you are called to active duty for more than 30 days, you may be eligible for an extension of COBRA coverage for up to 36 months. To be eligible, you must have been employed by your employer for at least 1 year and covered by the employer's group health plan at the time you were called to active National Guard duty. You must also continue to pay the COBRA premiums.

Question 7: I'm affected by a major disaster. Can I extend my COBRA coverage to 36 months?
Answer 7: Yes, if you are affected by a major disaster, you may be eligible for an extension of COBRA coverage for up to 36 months. To be eligible, you must have been employed by your employer for at least 1 year and covered by the employer's group health plan at the time of the major disaster. You must also continue to pay the COBRA premiums.

Closing Paragraph: If you have any questions about extending your COBRA coverage, you should contact your employer's group health plan administrator. The plan administrator will be able to provide you with more information about the requirements for extending COBRA coverage and help you file the necessary paperwork.

Here are some additional tips for extending your COBRA coverage:

Tips

Here are some additional tips for extending your COBRA coverage:

Tip 1: Apply for COBRA coverage as soon as possible.
You have 60 days from the date you lose your job to elect COBRA coverage. If you miss the 60-day deadline, you may still be able to get COBRA coverage if you can show that you had good cause for missing the deadline. However, it is best to apply for COBRA coverage as soon as possible to avoid any problems.

Tip 2: Keep track of your COBRA premiums.
You are responsible for paying the full cost of your COBRA premiums. This can be expensive, so it is important to keep track of your premiums and make sure that you pay them on time. If you miss a COBRA premium payment, your coverage will be terminated.

Tip 3: Consider getting COBRA premium assistance.
If you are eligible for COBRA coverage, you may be able to get help paying for the COBRA premiums. The American Rescue Plan Act of 2021 provides COBRA premium assistance to certain individuals who have lost their jobs due to the COVID-19 pandemic. To be eligible for COBRA premium assistance, you must meet certain requirements, such as having lost your job involuntarily due to the COVID-19 pandemic and having COBRA premiums that are at least 35% of your household income. If you are eligible, the government will pay 100% of your COBRA premiums for up to 6 months.

Tip 4: Explore other health insurance options.
If you are not eligible for COBRA coverage or if you cannot afford the COBRA premiums, you may want to explore other health insurance options. There are a number of affordable health insurance plans available, including plans offered through the Health Insurance Marketplace. You can also get health insurance through your state's Medicaid or CHIP program.

Closing Paragraph: By following these tips, you can increase your chances of getting and keeping COBRA coverage. If you have any questions about COBRA coverage, you should contact your employer's group health plan administrator.

Conclusion: COBRA can be a valuable safety net for people who have lost their jobs and their employer-sponsored health insurance coverage. By understanding when COBRA can be extended to 36 months, you can make sure that you have the health insurance coverage you need.

Conclusion

Summary of Main Points:

  • COBRA coverage can be extended to 36 months in certain circumstances.
  • These circumstances include being a disabled employee, having a disabled child, experiencing a second qualifying event, employer bankruptcy, military service, National Guard service, and being affected by a major disaster.
  • To extend your COBRA coverage, you must meet certain eligibility requirements and continue to pay the COBRA premiums.
  • There are a number of resources available to help you pay for COBRA coverage, including COBRA premium assistance and Medicaid.

Closing Message:

COBRA can be a valuable safety net for people who have lost their jobs and their employer-sponsored health insurance coverage. By understanding when COBRA can be extended to 36 months, you can make sure that you have the health insurance coverage you need. If you have any questions about COBRA coverage, you should contact your employer's group health plan administrator.

If you are eligible for COBRA coverage, I encourage you to apply as soon as possible. COBRA coverage can provide you with peace of mind knowing that you and your family are protected in the event of a medical emergency.

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