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CJ Henry Law Firm, PLLC

Questions after a Favorable Decision: Medicare Eligibility and Overpayment Problems Medicare eligibility

  • Published: December 13, 2011

A common question from claimants after a favorable decision is “When will I be eligible for Medicare?’ Medicare will be available to you after you have received Social Security disability benefits for 24 months. However, if you would like to sign up for Medicare Part B, you must pay a premium that the SSA will deduct from your monthly check.

Depending on your income and assets, you might qualify for other programs that will pay for all, or part, of your Medicare premium or medical expenses that are not covered by Medicare. Check with your county welfare department to see if you might qualify for any of these programs.

If you have health coverage through a spouse or due to a part time job, you will need to figure out how Medicare and your health insurance work together. Your health insurance policy may provide that Medicare is your primary insurance and your health insurance will only pick up expenses not covered by Medicare. You will need to check with your health insurance company once you get your Medicare card.
Overpayments

Once you begin receiving your monthly benefits, be on the lookout for overpayments. Sometimes errors occur, causing the SSA to pay you too much. The SSA will quickly discover if you have been overpaid and will notify you by letter if an overpayment occurs. The SSA will ask you to repay the overpayment of disability benefits immediately. The problem is that you may have spent the money already. If you cannot repay the overpayment, the SSA may threaten to discontinue your disability benefits until it has recovered the overpayment. An Ocala disability lawyer may be able to arrange a reduction in your monthly benefits to repay the overpayment, but you may have trouble meeting your expenses during the time your benefit is reduced. In addition, in rare cases, the SSA may even waive the overpayment.

If you are not already represented and would like to consult with an experienced Ocala Social Security attorney at the CJ Henry Law Firm, call (352) 304-5300.

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
help you with your disability-related legal needs...Read More