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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13521
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I will be turning 65 next year. I receive social security

Customer Question

I will be turning 65 next year. I receive social security based on my deceased husband's income. I am self employed , but have only been making ends meet by using some of the inheritance I received from my father, and have not filed taxes in several years. I understand that upon applying for medicare, I need to supply my current and previous year tax statements. I'm not sure what to do in this situation
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Good morning. Can you clarify any question you have? It is not clear where your confusion is on what to do. Thanks!

Customer: replied 1 year ago.
If I have not filed taxes in years, how do I apply for part B medicare?
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Customer: replied 1 year ago.
Got it
Customer: replied 1 year ago.
Are you there?
Expert:  LawTalk replied 1 year ago.

Would you please provide your phone number? After you do that, please send me a quick Reply to let me know that you have posted the number, so I can call you.

I look forward to speaking with you.


Customer: replied 1 year ago.
I believe I have been charged twice for this, but let's see what happens.
Customer: replied 1 year ago.
This site says that you have my phone number. Is that correct?
Expert:  LawTalk replied 1 year ago.

No, the site may have it but it was not provided to me. I am standing by to call you once I have your number.

Customer: replied 1 year ago.
Expert:  LawTalk replied 1 year ago.

Thank you.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hey, my apologies. This is the second time today my visitor's replies are not popping them into my inbox. Thank you for your patience.

OK, so here we go: You will be eligible to Part B if you were married to a spouse who gained enough credits in his lifetime, or you yourself gained enough. If have not had sufficient income to file taxes in the past, and were not required to, then it likely won't matter. Many people who don't work and only collect SS, do not file returns (not that I think that is wise, even if it is legal) and still get Medicare. The typical reason for the need for tax returns IF filed, is so the government can determine if you are eligible for the broadest government subsidy of your premiums, or something less than that. Those that earn over $85000 (MAGI) as a single may be subject to an increased medicare premium for parts B and D, due to "IRMAA" adjustments. Of course, those earning less, which would include those with income of ONLY SS, clearly would not breach that.

Now, the issue of not filing tax returns is a different one, and tax evasion can be a serious issue. But that is only if you have reportable net income from your self employment, after legitimate business expenses. That would more so be a question for your tax preparer to determine. And on that note, I do suggest you contact one. They can be very, very reasonable in price and can draft up a proper return. You'd likely be surprised at how low your "net" income from self employment is after legitimate expenses. I would add that if increased income is needed and you are not finding you can get by on your SE earnings and your SS, it may be time to look at the budget and downsize it (while considering also working as a W2 employee for an employer if that will earn you more) - I say this because for many of us, there will be a time when we are not able to work - and when that happens, and savings is gone, we have to figure out how to live on our SS alone. It can be a good idea to do that long before that reality comes to be.

But going back, Medicare will still be provided for those that don't file returns. They will know your SS income and your premiums would be that of a person making the SS income you are - and if your MAGI is less than $85k, you will have the lowest premium of 104.90/mo.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Expert:  Stephanie O Joy, Esq replied 1 year ago.


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If there's more I can do, please use the reply tab and let me know how I canbe of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate mehighly and provide me with feedback. And thanks for understanding how we receivecredit from the Site for contributing our time here!


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