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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 34884
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Hello, 66 yr old person applied for Part B medicare Jan

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66 yr old person applied for Part B medicare Jan 2013.
Person's window to apply was Sept 2011 (June - Dec).
Social Security wants to charge her a 10% insurance penalty. How can she get out of this penalty? She did work during this time was it appears the insurance she had didn't qualify for Special Enrollment period, because it wasn't a real group health plan, but an individual plan. Her employer is terrible, being an RN and they treat her bad.
Anyway, how does the equitable relief application to remove penalty work? Any experience with this? Any comments on how to get out of penalty please.
Good afternoon,

I'm Doug, and I'm very sorry to hear of the person's situation. My goal is to provide you with excellent service today.

Unfortunately, the rules of social security are written in stone when they demand that to be eligible to postpone Part B, the health insurance policy must be provided by the employer under a group plan that meets certain guidelines. There simply is no way to avoid the 10% penalty.

In terms of actual penalty, the cost increase is quite small in the overall scheme of things---just $10 per month. But there simply is no relief, equitable or otherwise, to avoid the 10% penalty unless you can show that the health coverage did fall within the requirements set out by the SSA. I'm sorry.

I wish you the best in 2013.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

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