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Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 1386
Experience:  Attorney-at-Law
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My wife is in a temporary situation of no Part coverage

Customer Question

My wife is in a temporary situation of no Part B coverage because she had opted-out on retirement. Part of her retirement package included full medical coverage for her and me for two-years following her retirement. Her human resources manager provided NO advice whatever on Medicare or COBRA coverage. It wasn’t until we attempted to sign her up with Part B at Bankers Life that she realized that she was being ‘punished’ for the opt-out. She now has to wait until later this month to re-apply for Part B, coverage of which will not begin until July 2017.
Due to her age we cannot find commercial medical insurance yet we are still penalized by IRS for not having medical coverage.
Please help!
Submitted: 9 months ago.
Category: Employment Law
Expert:  Thelawman2 replied 9 months ago.

Unfortunately, in terms of registering for Medicare Part B, there is not much you can do to rectify that issue. Medicare Part B only has an open enrollment period that begins on July 1.

What you would need to demonstrate thought to have a case against your employer is if there is an indication to believe that you wouldn't be affected by the opt-out of your retirement but that you actually were. Unfortunately, without some actual fraud taking place, there isn't anything you can do in terms of suing your previous lawyer.

Have you looked into the healthcare exchanges provided by the government at Despite there being an open enrollment period, there is a special enrollment period if you just lost your job-based coverage.

That special enrollment website can be found at:

Even if you do not qualify for the special enrollment period, the open enrollment period begins November 1, 2016.