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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband died in June of 2013 - I retired Dec. of 2013 - I

Customer Question

My husband died in June of 2013 - I retired Dec. of 2013 - I opted out of Medicare part B but accepted part A because I continued cobra with my husband's insurance from ATT. Now I want to opt in to Part B and I am told that I cannot do so until July 2016 - and I am being penalized 30% each month for my premium through SS. I paid a hefty premium for ATT insurance through United Healthcare and premium is going up to $650 next year. I saved the government money for 3 years and now I am going to be penalized for the rest of my life. Why can't I apply through open enrollment and opt for part B now - and why the penalty?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.
Unfortunately, under the law you can only apply for Part B during the open period. I am afraid that not applying for part B in time as well, Congress passed a law requiring you to pay 10% more per year for every full 12 months you should have been enrolled but did not enroll. So if you did not enroll for 3 years, you have to pay by law a 30% penalty. This is not something that is within the control of SSA they have to charge you because Congress has passed the law saying that is the penalty one must pay for not applying when they were supposed to apply.