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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37647
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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8203;My husband turned 65 in August and signed up Part A at

Customer Question

8203;My husband turned 65 in August and signed up for Medicare Part A at no charge. He has high deductible HSA health insurance through his employer, and discovered that the employer contribution to his HSA stopped when he enrolled in Medicare.
We called Medicare to find how to unenroll, but were told that he could lose his retirement benefits if he did that. He has never and is not currently receiving SS retirement benefits and has made no Medicare claims.
We would like something more definitive than "could lose" retirement benefits. What is the impact of getting out of Medicare Part A until he is no longer employed?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year 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.

Once he signed up for Medicare after age 65, he is stuck with it unless he opts out. He won't lose his retirement though. If he opts out, he will have to repay anything paid on his behalf so far though.

The HSA laws were drafted with Medicare in mind, and the feds want people on Medicare and paying for Part B coverage and so they made the law that employers don't contribute to a HSA when the employee is receiving Medicare. Employees are also prohibited from participating in the HSA once they receive Medicare. While he could have delayed signing up for Medicare, now that he is on it, he can't just opt out now.

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 1 year ago.
Hi Doug,
If I only read the second paragraph, we would choose to opt out, since nothing has been paid on his behalf thus far. But then in the next paragraph, you say he can't just opt out. Why can't he opt out if that is an option?
Thanks,
Arann
Expert:  LawTalk replied 1 year ago.

Good morning,

My mistake, he can't just opt out and walk away, but he may opt out so long as he pays back all charges paid by Medicare thus far.

Doug