Legal Question in Disability Law in Pennsylvania

Re: Health insurance coverage-i am found disabled

Generally an employer must offer COBRA if they are a covered employer and the employee has a qualifying event.

In this case a voluntary or involuntary termination would be a qualifying event. The question is whether the employer is a covered employer. Employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked.

Here you state the employer has more than 20 employees. That raises an initial question on whether they are a covered employer based on the statement above.

Has your employer provided a reason for the refusal to offer COBRA. They don't need to do so but if they do then a competent attoreny could demonstrate how their analysis is incorrect.

It also depends on if you have used your initial COBRA benefits. When the initial COBRA period expires there is a potential extension under the must carry rules if a persons suffer from a condition requiring ongoing care, such as diabetes.

But that determination must often be supported by paperwork from the Social Security Adminsitration.

You need to speak with an attorney immediately to help protect your rights. The time you have to press a claim is strictly governed by statutory limitation periods.

Regards,

Roger Traversa

email: [email protected]