Ask Larry

Should The Hold-Harmless Provision Apply In My Case?

Should The Part B Premium Hold-Harmless Provision Apply In My Case?

In follow-up, since there was a retroactive adjustment to my Medicare Part B premium in 2016 because of the change in my social security benefit amount based upon prior work credit, and the SSA manual for VSMI premiums does mention exemptions related to retroactive benefit increases resulting from work, should this rule be applicable?

Please advise.

Hi,

The exception you mentioned refers to benefit rate increases resulting from recomputations to credit additional earnings (https://www.ssa.gov/OP_Home/handbook/handbook.07/handbook-0721.html). Those types of recomputations are effective with payments for January (i.e. paid in February). If your rate was adjusted effective when you reached full retirement age in December of 2015, it must have been for a different reason, such as a reduction factor adjustment made to credit you for months that you weren't paid a check due to the earnings test. That's why I said that I didn't think the hold-harmless provision would apply in your case based on your description of events. Obviously, I don't have all of the facts involved in your case so I can't be sure. If you believe that you should have been held harmless for the 2016 Part B premium increase, you should follow up with Social Security.

Best, Jerry

Category: 
Posted: 
Feb 16 2017 - 7:45am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.