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I am a felon who was released August, 2017 after serving 25…

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I am a felon...

I am a felon who was released August, 2017 after serving 25 years. My incarceration began at age 52 AMD was continuously incarcerated until my release in 2017. I am 77 years old and now applied for my Medicare benefits. I was enrolled in Medicare part A but was denied part B because I did not apply for the plans when I reached 65. I could not apply, nor was I made aware of of this requirement. I was a ward of the State and cannot be held responsible. I am not eligible until July, 2018 and must pay 120% as a penalty. Please advise how to proceed.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New York

Lawyer's Assistant: Has anything been filed or reported?

I filed for retirement benefits and Medicare A and was approved. I just received a letter that permits me to file an appeal

Submitted: 9 months ago.Category: Criminal Law
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Answered in 46 minutes by:
9/22/2017
Criminal Lawyer: Law Educator, Esq., Lawyer replied 9 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,320
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Criminal Lawyer: Law Educator, Esq., Lawyer replied 9 months ago

I am afraid the Medicare law makes no exception for failure to apply for Medicare Part B while incarcerated. What that means is that even though someone is incarcerated, when they become eligible for Medicare, they still have to apply for benefits even though medicare will not cover you while you are incarcerated. The medicare law states that if you did not apply in time, even if you were incarcerated, they can legally charge you the penalty, even if you were not aware.

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Customer reply replied 9 months ago
Informative response, however the penalties are unjust. After the appeal is denied, which court federal or state should l address my complaint to?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 9 months ago

Thank you for your reply.

I agree the penalties are unjust, but they are set by medicare rules. The court really cannot assist (it would be the US District Court), you would need to seek your US Senator or Congressman to get the rules changed.

Under the Feres Doctrine, your son cannot sue the Army I am sorry to say. If this was not a line of duty injury, he is still entitled to compensation for his injury as he was on active duty the whole time he was in the Army. See: Feres v. United States, 340 U.S. 135 (1950). He cannot sue for the medic's conduct, unless the medic actually caused his injury pursuant to the Gonzalez Act. The Gonzales Act is an exception to the Feres Doctrine for acts of malpractice. See: 10 US Code 1089 (https://www.law.cornell.edu/uscode/text/10/1089).

So you need to contact a local military attorney who specializes in these claims who will need to personally review all of your son's records on this incident, as they are complex, if there is any proof the medic caused his injury through negligence. If all the medic did is not move him and accompanied him to the hospital it is possible you would have no claim against the medic to bring.

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