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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111684
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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This is a Medicare issue. I filled out an application to

Customer Question

This is a Medicare issue. I filled out an application to enroll in Medicare on line in Feb 2015,3 mo before I turned 65, I was exempt from paying into SS, I received a Denial letter for SS benefits They failed to enroll me and I was advised to reapply when my wife turned 62 for benefits under her. I did and now I am told that "they" failed to enroll me but I may still have to pay a penalty of about 9,000, A reconsider claim will be filed but they may not rule in my favor even though its their fault I was not enrolled. What should I do? RLB
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: On line enrollment application for Medicare
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months 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.
You will have to wait for them to review your case under your wife's SS account, since you were not eligible for medicare under your own accounts as you did not pay into SS. If they deny you or want to assess a penalty, you have the proof you did apply at 65 as required and were denied and you can file an appeal to the director based on the fact they initially denied you at 65 and told you to wait until your wife applied for benefits and in that case you would be exempt from the penalty.

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