long term disability,health ins, corbra

[fitzh2o]

Due to an illness I had to go on long term disability from my employer. My employer just notified me that my health ins, dental, and life ins. would have to be changed to Corbra.
Now the problem, Corbras premiums are more than my ins. premium,and corba is only good for 18 months. I have cancer so any health ins. is beyond my financial means. After the corbra has expired I will not be able to get health ins or life ins.Can my employer make me use corbra or can I keep my group health ins from my employer as long as I pay the premiums.My employer also keeps telling me that I've been terminated. Can my employer terminate me because of a disability? i live in Florida.

 

[Attorney_Replogle]

Since the employer has notified you that you have to now use COBRA insurance (or choose no insurance) you have to make the decision soon. I don't recall the time line but it is not a long one. COBRA is a federally mandated insurance that the employers have to offer to terminated employees. The employer can't terminate you due to your illness, that is correct. Whether that is what happened, I can't say. You can certainly speak to an employment law attorney near you and he or she can assist you with that determination. You can find an attorney near you at attorneypages.

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Mark B. Replogle

 

[sandi]

First, I am not a lawyer. I live in New York State and have been on long-term disability since 1993. I can share my experiences with you.

Have you applied for Social Security disability? Under SSD you are entitled to Medicare coverage. You can then purchase additional "supplemental" Medicare coverage from an insurance provider to provide benefits over and above Medicare.

If you have not filed for Social Security disability, you probably should. It can take over a year for your case to be reviewed/approved. I don't know if you qualify for Social Security Disability, it would depend on how long you were employed and in what capacity. A lawyer who specializes in Social Security disability can help you with that - and should NOT charge you. They get paid by the goverment if they represent you and you qualify for benefits.

When I went on LTD, my employer paid my health insurance for the first two years. (I believe whether or not they do this, and for how long is arbitrary.) Then, I had to accept COBRA coverage. I paid for the COBRA coverage (yes, it was expensive - $200 month) until it "expired." At that point, I was receiving Social Security Disability benefits and qualified for Medicare. Medicare is now my health insurance along with a supplemental policy from Blue Choice Senior (even though I'm only 39).

As far as being terminated. A lawyer in NY has told me that it is illegal to be terminated for being ill; it is not illegal to be terminated while on disability.

Take care of your health insurance first! If you cannot afford the COBRA premiums, talk to relatives and friends who might be willing to help you pay them. You could also look into paying the premiums by credit card, or getting a bank loan.

Hope this is helpful. Good luck.

 

[sandi]

One more thing. COBRA extends the insurance for 18 months and then, most insurance companies will offer to let you continue anyway. However, the premiums are usually even higher than the COBRA premiums. Medicare is more affordable, if you qualify. If you don't qualify, and have very limited resources, you may consider Medicaid.

Regarding the life insurance. COBRA does not cover this! But, group life insurance policies through employers often give you the option of converting the policy to an individual one. Read your employee benefits coverage. If your group policy provides this option, and you can afford the premium, do it. With cancer you will not be able to get an individual policy unless you go into remission for a certain length of time.

As the lawyer above said, there are time limits for all of these things. Have your employer give you the forms for COBRA and life insurance conversion.

Again, good luck.