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Can COBRA be denied to a spouse whose husband died; at the time of death he had health care; both partners had Medicare A only

Pittsburgh, PA |
Filed under: Employee benefits

My husband's employer is telling me I cannot have COBRA coverage now that I have applied for Medicare Part B. At age 68 he was employed, had insurance through the company he worked for.

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Attorney answers 1


COBRA qualifying events include the death of a spouse. I can find no mention of whether your being eligible for Medicare makes you ineligible for COBRA coverage. I suggest you should see a labor attorney and ask this question.

Below, I am also attaching a COBRA information sheet provided by the government. Good Luck!

I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.

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