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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5143
Experience:  Extensive experience representing employees and management
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I had surgery to correct achilles tendonitis on both feet last

Customer Question

I had surgery to correct achilles tendonitis on both feet last June. The surgery failed to correct the problem in my left leg, and in fact created a new and worse problem with my left heel. My surgeon indicated that a second surgery would be needed. They would not schedule a second surgery until 6 months after the first (january 25, 2013). I was laid off today. I cannot afford to continue my insurance coverage on UEI income. If my insurance lapses, the current problems become a pre-existing condition and even if I restored my insurance with another employer, they would not be covered. Do I have any recourse at all, or did I really just become disabled for life because I got laid off?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  SavyLawyer replied 1 year ago.

SavyLawyer :

Hello, and thank you for contacting Just Answer. Give me just a moment to review your question.

SavyLawyer :

This is a California Law question, and we have a specific category for California Law, so I will request that your question be transferred and will opt out so that a California Employment Law professional can take a look.

Customer:

Thank you.

Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Did you receive information about COBRA benefits after you were terminated and have determined that you cannot afford to pay your premiums under COBRA?
Customer: replied 1 year ago.

I have not received any information on this. I know cobra is more expensive than my current plan, covers less in terms of co-pays. With losing around 45% of my actual income, I could not afford to even pay for my current plan without the employer contribution. So, in short, I do know, for certain, that I cannot afford the coverage.

Expert:  Joseph replied 1 year ago.
COBRA is the same coverage that your current plan is, so it should not be any less in terms of actual co-pays. It also should be relatively affordable even if you are only receiving unemployment, since it is meant to be available for people who are unemployed.

However, if you cannot afford COBRA, you could be eligible for other medical care, including medicaid or Medi-Cal, which would probably cover your surgery.

You can read more about medi-cal online here:

http://www.dhcs.ca.gov/individuals/Pages/default.aspx
Joseph, Lawyer
Satisfied Customers: 5143
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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