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    jen_wahoo's Avatar
    jen_wahoo Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 21, 2007, 04:34 AM
    COBRA and divorce
    Hello, my sister recently served her husband divorce papers. The next day he was fired from his job (she doesn't know why--if it was gross misconduct or what. He claims it was because he was served the papers at his office by a plain clothes police officer. No one else was around). He has health insurance until 31 December so he should be eligible for COBRA and so should she. However, he is one dirty bird (even forged her signature on a second mortgage) and no doubt he will hide any paperwork regarding COBRA from her to make her suffer. She recently found a job with insurance however she has a pre-existing condition and they won't insure her for 6 months. Is there any where she can call or can her lawyer help her get the COBRA info so she can insure herself and her 2 kids?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Dec 21, 2007, 07:43 AM
    Sure, have her lawyer submit a request to his employer to have copies of the COBRA documents sent to him.
    jef1056's Avatar
    jef1056 Posts: 70, Reputation: 5
    Junior Member
    		  
    #3

    Jan 7, 2008, 12:32 PM
    If your sister has had prior continuous coverage and there has not been a lapse of more than 63 days, she does not have to serve a waiting period. Per Erisa. Also, if the firing was for gross misconduct, they could deny her husband COBRA. She should speak with HR at her new job ASAP to preserve her options.
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