Re: Job problems

[Guest guest]

You do not say in which state you reside. However, the Federal COBRA legislation provides the employee and the family members covered under a company health plan each have rights to COBRA continuation health benefits upon layoff or firing other than for gross misconduct. So as long as your husband does not violate company work rules or otherwise do something silly like commit a crime, including a financial crime, then he is eligible for COBRA benfits when he leaves work and his health care plan ends. The family also has rights under COBRA and may have rights under state law. It depends on the size of the employer, eg less than or more than 20 employees. Check with an employment lawyer in your state. See www.martindale.com to search for a lawyer. Regards, T Poxon, Esq. I have another question.My husband just had his surgery last month, and he just went back to work last week.His company has been firing lots of people (not laying off people, firing them). Now that my husband is back to work, he is worried that he is going to be next. He was feeling pretty threatened right after talking to his manager just before he took off for the surgery.The good news is that his last review was good. I think it would look pretty bad legally for them to fire him right after he was diagnosed with cancer, but I'm not sure of that.He's a manager, and on the computer they moved his employees to someone else (even though my husband says that is against FMLA).I've read that if you are fired, then you are not eligible for COBRA.We also have 3 kids, and one of them has a brain injury and epilepsy.I've been a stay at home mom because of our special needs daughter, and I haven't worked in 17 years. (I do have a degree in Computer Science, but hard to use it after so many year.)Any suggestions would be appreciated. I've suggested to my husband that he get a lawyer.

[Guest guest]

I am sorry that I can't help you with the legal issues but I think you can get

COBRA for leaving the company for any reason. A friend got COBRA because she

divorced her husband and he had the healthcare. The real problem comes in is it

can be very expensive. Most people are unaware their employer pays a significant

amount of the insurance. They do not do this for your COBRA coverage. Expect to

pay $1200 - $1600. I wish you and your husband the best of luck with this. I

didn't fare that well.

Sent from my iPhone

> ook off for the surgery.

[Guest guest]

Fortunately, I have never had to resort to COBRA but know of family members or friends for which this was the only available health insurance.  Unfortunately, with COBRA being a source of health insurance when a person has lost his/her job and source of income, the cost of COBRA is outrageous and well beyond the means of one without income.  If the health insurance industry really gave a damn about individuals and families in such a position, they could easily provide more affordable coverage, at least for a reasonable, pre-determined, time frame. Chuck Always as close as the other end of your computer to help address any prostate cancer concerns. " What you leave behind is not what is engraved in stone monuments, but what is woven into the lives of others. " (Chuck) Maack - Prostate Cancer Advocate/Activist Email: maack1@... PCa Help: " Observations " http://www.theprostateadvocate.com From: ProstateCancerSupport [mailto:ProstateCancerSupport ] On Behalf Of tm.poxon@...Sent: Monday, January 23, 2012 11:21 AMTo: ProstateCancerSupport Subject: Re: Job problems You do not say in which state you reside. However, the Federal COBRA legislation provides the employee and the family members covered under a company health plan each have rights to COBRA continuation health benefits upon layoff or firing other than for gross misconduct. So as long as your husband does not violate company work rules or otherwise do something silly like commit a crime, including a financial crime, then he is eligible for COBRA benfits when he leaves work and his health care plan ends. The family also has rights under COBRA and may have rights under state law. It depends on the size of the employer, eg less than or more than 20 employees. Check with an employment lawyer in your state. See www.martindale.com to search for a lawyer. Regards, T Poxon, Esq. I have another question.My husband just had his surgery last month, and he just went back to work last week.His company has been firing lots of people (not laying off people, firing them). Now that my husband is back to work, he is worried that he is going to be next. He was feeling pretty threatened right after talking to his manager just before he took off for the surgery.The good news is that his last review was good. I think it would look pretty bad legally for them to fire him right after he was diagnosed with cancer, but I'm not sure of that.He's a manager, and on the computer they moved his employees to someone else (even though my husband says that is against FMLA).I've read that if you are fired, then you are not eligible for COBRA.We also have 3 kids, and one of them has a brain injury and epilepsy.I've been a stay at home mom because of our special needs daughter, and I haven't worked in 17 years. (I do have a degree in Computer Science, but hard to use it after so many year.)Any suggestions would be appreciated. I've suggested to my husband that he get a lawyer.

[Guest guest]

We can afford to pay the cobra rates. It may come out of our retirement account. Considering he wouldn't need that retirement account if he doesn't get the right treatment, I think it will be worth it.

We live in California.

> ook off for the surgery.

[Guest guest]

I understand that. I pray it won't come down to that for youSent from my iPhone

We can afford to pay the cobra rates. It may come out of our retirement account. Considering he wouldn't need that retirement account if he doesn't get the right treatment, I think it will be worth it.

We live in California.

> ook off for the surgery.

[Guest guest]

> We can afford to pay the cobra rates. It may come out of our

> retirement account. Considering he wouldn't need that

> retirement account if he doesn't get the right treatment, I

> think it will be worth it.

> We live in California.

Hello Suzi,

It looks like your family has been hit by some hard knocks.

I wonder if your husband's company is firing people rather laying

them off in order to avoid paying increased unemployment

insurance taxes. Something like that was a favorite tactic at

Walmart. When employees had been around for five to seven years,

their salaries were creeping well above minimum wage. The

company would replace them with younger new hires at minimum

wage. However they couldn't lay off these employees and still

keep their unemployment insurance taxes low, and the employees

were obviously loyal company people for whom no good grounds for

firing could be trumped up. So especially if they were married

women (a big part of the Walmart work force) they would switch

them to the 3-11 shift. That guaranteed that they'd never see

their children and cause them to quit. Walmart wound up with one

of the higher employee turnover rates but the lowest unemployment

insurance taxes in the entire industry (this is from a book

entitled _The Retail Revolution_ by Lichtenstein.) It

makes me just a little cynical about some of the very rich people

who like to call themselves " job creators " in this country.

You have been advised to see a lawyer. I don't know if you've

ever done that. My own limited experience is that they cost a

lot, sympathize with your plight and tell you that you have a

strong case, but often don't get anywhere. If it gets to the

stage of a lawsuit it can be really tough, expensive, and risky.

If you think the company is engaging in unethical or illegal

practices, I think I'd start first with the California worker and

consumer protection agencies. They won't cost you anything and

can at least tell you what your rights are. Whether they can go

beyond that, I don't know.

Here's one place that looks useful for information about COBRA:

http://www.dmhc.ca.gov/dmhc_consumer/hp/hp_cobra.aspx

I note that California Cobra has a higher level of protection

than the national version.

Best of luck.

Alan

[Guest guest]

:

As others have said, Cobra is not dependent on why the person was terminated.

In California, Cigna Cobra coverage for an individual was about $750 per month

and about double that for a family. It is available for 18 months (or longer in

Caiifornia).

When we moved away from California last year, I applied for individual

(non-Cobra) coverage in North Carolina which would have been much cheaper. Even

4 1/2 years post RP and with a continuous record of negligible PSA readings, I

was denied coverage. It makes you wonder what their underwriters are thinking. I

have less chance of having recurrent PCa than the man in the street has of being

diagnosed with PCa. Go figure.

Fortunately I turned 65 late last year and am now on Medicare. Otherwise when my

Cobra ran out I would have been dependent on Obamacare's coverage of pre

existing conditions that is available starting next year.

I wonder what the Republicans, who all want to repeal Obamacare, have to offer

in its place for someone like me who has pre-existing conditions ;-). And a

related question is what happens to that pre-existing conditions coverage if the

Supreme Court overturns the insurance mandate?

[Guest guest]

They are firing managers who were hired by the previous CEO. It's never a good time to get cancer, but the timing has been horrible. My husband had just finished his resume and was going to start looking for another job. Then, on the same day he finds out he has cancer his mom suffered a fatal stroke. Been a tough year!Sent from my iPad

[Guest guest]

My sister went through this several years ago, and at that time at least, COBRA was available at the group rate but without the company contribution so making it more expensive. After 18 months it was still available but at market rate. This is important for a person with a serious pre-existing condition because after the 18 month period he may not be able to purchase health insurance at any cost. At least the Cobra allows continuation and compared to the naked cost of care this increased amount is at least something. : As others have said, Cobra is not dependent on why the person was terminated. In California, Cigna Cobra coverage for an individual was about $750 per month and about double that for a family. It is available for 18 months (or longer in Caiifornia). When we moved away from California last year, I applied for individual (non-Cobra) coverage in North Carolina which would have been much cheaper. Even 4 1/2 years post RP and with a continuous record of negligible PSA readings, I was denied coverage. It makes you wonder what their underwriters are thinking. I have less chance of having recurrent PCa than the man in the street has of being diagnosed with PCa. Go figure. Fortunately I turned 65 late last year and am now on Medicare. Otherwise when my Cobra ran out I would have been dependent on Obamacare's coverage of pre existing conditions that is available starting next year. I wonder what the Republicans, who all want to repeal Obamacare, have to offer in its place for someone like me who has pre-existing conditions ;-). And a related question is what happens to that pre-existing conditions coverage if the Supreme Court overturns the insurance mandate?