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dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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I have been on my employer disability ( the state I worked)

Customer Question

I have been on my employer disability ( the state for whom I worked) for two years. My health insurance was continued through the State. While he was eligible for Medicare Part B, he chose to stay on my insurance which was with Blue Cross. My emplyee insurance has ended and he wants to move to Part B (we still have Cobra, thankfully!) He is now being denied qualification for special enrollment.
Submitted: 1 year ago.
Category: Social Security
Expert:  lev-tax replied 1 year ago.

Please be aware - if the person drop Part B or choose not to apply when eligible - that person generally won’t be able to enroll in Part B again until the next General Enrollment Period (January 1 – March 31st) and may have to pay a late enrollment penalty.
The monthly premium for Part B may go up 10% for each full 12-month period that the person could have had Part B, but didn't sign up for it.

Customer: replied 1 year ago.
I feel like that is a generic answer to a Question I did not ask. My question is whether or not he should qualify for special enrollment since there was a life event, that is, my employee insurance ended. It was credible insurance and the benefits exceeded part B. They are dating his enrollment date not to the time when the State stopped providing me benefits as an employee to the time I left my desk.
Customer: replied 1 year ago.
We were never informed by SS that he did not qualify and the State and our insrance company advised us that he did. No one knew to act otherwise.
Expert:  lev-tax replied 1 year ago.

Based on your information - it doesn't look as your spouse qualifies for SEP - special enrollment period.
Foe specific requirements - see following publication that set three qualification requirements.
http://www.medicarerights.org/PartB-Enrollment-Toolkit/PartB-Special-Enrollment-Period.pdf

His enrollment date must be based on his eligibility. As he choose NOT to enroll - that was his choice - and he will be eligible to enroll during the next General Enrollment Period only - January 1 – March 31st.