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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 116707
Experience:  Immigration Law Expert
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I was off last year about this time. My wife has cancer so

Customer Question

I was laid off last year about this time. My wife has cancer so we elected to pay COBRA until I could find another job. Now the company I worked for is refusing coverage to my wife because she is on disability and they say she was eligible for Medicare and they do not have to cover her. Is this legal, they took the $1400.00 payment every month with no problem.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If she did reach medicare eligibility, legally the insurer can make her apply for medicare and they do not have to cover her. Now, if they did take payments for her coverage, they have to cover her during the periods they took payments, but they can refuse to renew and make her apply for medicare based on her eligibility.