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Old 08-09-2010, 10:35 AM
Cigar Cigar is offline
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Default COBRA vs. Medicare Part B -- Help

I am a United States Social Security recipient who is torn over whether to disenroll from Medicare Part B before it kicks in in September 2010.

I am a kidney dialysis patient in Las Vegas, Nev., who currently is covered by a private insurance COBRA through my former employer -- a policy that pays my kidney dialysis center about $11,000 a week for three four-hour dialysis sessions.

The American Kidney Association pays my $500-a-month premium on my COBRA to the private insurance company, leaving me virtually no cost for my dialysis.

A social worker for my dialysis provider has told me that I am better off disenrolling from Medicare Part B before it becomes effective and keeping the COBRA for the next 18 months -- and then go on Medicare Part B when the COBRA's covereage ends.

A Social Security Administration representative told me that, in effect, the dialysis provider is looking after its own pocketbook and is misleading me into making a big mistake that will hurt me for many years beyond the life of the COBRA just so the dialysis company's profit line is not compromised by the lesser money it would be forced to accept from Medicare.

My kidney provider says that if Medicare B kicks in (at $110.50 per month out of my pocket), the COBRA's insurance company will drop me immediately to save itself from having to pay so much money, leaving the American taxpayer burdened with that cost through Medicare benefit payments.

A representative for the Social Security Administration, which is in the process of sending me the disenrollment form, says if I disenroll from Medicare Part B now, I will be subject to 10 percent monthly premium penalties for every year I do not have Medicare Part B from the scheduled first premium payment in September -- a penalty I will be forced to pay for the rest of my life.

(BTW, I never enrolled in Medicare. Enrollment, the SSA says, automatically kicks in two years after a client recieves his first Social Security monthly disability check.)

The SSA also says that, despite what I may have been told by the kidney dialysis provider and others, the private Insurance COBRA must pay for my dialysis treatment for the first 30 months regardless if I have Medicare B.

The kidney provider says that statement is false and that if the Medicare B deduction is taken out in September, the private insurance company will use that as an excuse to drop me from the COBRA plan at the end of that current month's premium and thus save itself from ever having to pay for my dialysis treatments again.

That, in effect, could leave me with no health insurance at all, should the SSA recieve my disenrollment form during that time period and disenroll me from Medicare Part B as well.

If the Social Security Administration is right and I go with the kidney dialysis provider's advice, I eventually would be burdening myself with small but potentially costly monthly Medicare premium penalties should I live another 20 or 30 years.

And, SSA says, I could find myself with a gap in insurance coverage as there are only a few months for which I will be allowed to apply for Medicare Part B in the future and for that covereage to kick in should I mis-time the end of the COBRA's coverage.

But if the kidney dialysis provider is right and I keep Medicare B, I could lose hundreds of thousands of dollars in benefit payments from the COBRA, which pays 100 percent of dialysis costs, and leave myself with potentially thousands of dollars in out-of-pocket liability because Medicare only pays 80 percent of the bill.

I am confused as to what to do and time is running out before Medicare B kicks in.

As a postscript for you to take into considration. I have already filed with SSA two forms asking to be disenrolled from Medicare Part B. But on my most recent call to the SSA (Aug. 9, 2010), the representative informed me that they have no completed disenrollment forms from me on file.

Please, someone, help me.
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Old 08-10-2010, 05:06 PM
moderator moderator is offline
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I am sorry, but this is way out of my field of expertise. You really need to talk to someone that is well versed in Social Security law. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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Old 01-03-2011, 03:18 PM
azskye azskye is offline
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If you are still struggling with this, let me know and I will run the costs for you, and see which options are the least costly and under what circumstances... I have been disabled for many years, and know the misery this brings. I used to be a systems analyst, so figuring this out is what I am used to doing -- big puzzles

Best wishes - Mel
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Old 09-24-2011, 02:30 AM
maurice2011 maurice2011 is offline
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Medicare has implemented a $300 threshold for certain liability insurance cases. If allof the following criteria are met, Medicare will not recover against the beneficiary’s settlement, judgment, award or other payment.
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Old 11-19-2011, 07:35 AM
lakisha2011 lakisha2011 is offline
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Payment is not the main issue. The states law can recover losses due to lost profits and revenues as well as, damage to natural resources and property.
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