Ask Larry

How Can We Correct My WIfe's Part B Start Date?

My wife has been on Social Security Disability since April 28, 2004 and has remained on our Employer Group Health Coverage ever since we were married July 1, 1983. I'm retiring soon and will loose our Group Coverage at the end of April. Because we are in a Special Enrollment Period, we submitted both forms CMS 40B, and CMS L564 to apply for PART B the third week in February requesting our start date be May 1, 2022 in the Remarks section on form CMS 40B . My date is starting May 2022 but my wife's date in July 2022??? How can we correct her start date to be May 2022?

Hi. It sounds like Social Security processed your wife's Part B enrollment as though she applied in a general enrollment period (GEP) rather than during a special enrollment period (SEP). If you've submitted a form CMS L564 for your wife showing that she's had qualifying coverage under your employer plan, then Social Security should have the documentation they need to be able to change your wife's Part B enrollment date to May 1st. But, you'll need to either call or write to them in order to explain the problem and ask for it to be corrected.

Alternatively, I believe that your wife could file an appeal request with Social Security using a form SSA-561 (https://www.ssa.gov/pubs/EN-05-10058.pdf), however, that shouldn't be necessary unless Social Security refuses to acknowledge their error.

Best, Jerry

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Posted: 
Mar 6 2022 - 10:56am
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