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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35390
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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By virtue of being on Disability, Medicare kicked in on

Customer Question

By virtue of being on Disability, Medicare kicked in for me on 9/1/15. My husband is on long term disability with his employer Lockeed. When insurance elections started I called LMCO they said Aetna will remain No 1 and Medicare No 2 in line of payments. This is due to husband still considered employee. Ins cost us $980 each a month. Now Aetna says Medicare first not Aetna. So I'm paying nearing $12,000 a year for ins with Aetna when I would have bought cheaper policy. Have I any records to stop this
Submitted: 11 months ago.
Category: Social Security
Expert:  LawTalk replied 11 months ago.

Good afternoon,

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

Aetna would only be first in line if your husband were actually performing work for Lockheed. Because he is not working, and despite the fact that his employer may be paying for some or all of his health insurance, Medicare is primary and Aetna is only secondary.

Unfortunately, you received bad advice from LMCO and were not able to make a good decision because of that misinformation. Unless you could prove who it was that gave you the bad information and prove that they were acting on behalf of LMCO, you would probably not succeed in a lawsuit against LMCO for negligence.

Also, I hope that you are paying for Medicare Part B at this point because you do not qualify for a waiver of payment based on your husband having healthcare----because that waiver only applies if he is actually working while receiving the healthcare coverage.

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.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Customer: replied 11 months ago.
Actually I was given the information by 2 separate LMCO employees 3 mo about. They explained the tecnicality occurs because he is NOT taking any of his retirement benefits or pensions at this point.
Customer: replied 11 months ago.
All my scrips continue to go thru Aetna just as they have for 20 yrs. In fact the Aetna plan we are in is the same one as last many years
Expert:  LawTalk replied 11 months ago.

Hi,

Do you have a follow up question? I see you posted more information, but that does not change my answer to you.

Doug