Quote:
Originally Posted by LarryG
Hi, I can't find an answer to this question on the SS or Medicare sites, and was wondering if someone knows the answer, or ideally has personally been through this change and can comment on what happens. Here's the scenario:
My GF is turning 65 and going on Medicare in July, and is claiming off her ex-spouse's (divorce not deceased) record.
|
Yes, she can legally do that, so long as he has 62 years. If he's doesn't have 62 years, she won't get it.
Quote:
Originally Posted by LarryG
But what happens if she and I later get married? From reading some online sites, it seems to indicate that she would have to wait a year to claim off my record. On the other hand, we've seen other sites that seem to indicate that once she is already receiving benefits off the ex-spouse's record, if she remarried, she would NOT lose her Medicare benefit for that one year waiting period. So we're seeing confusing information.
|
She must be married one year before applying. It states that quite clearly on both SSA and CMS web-sites.
The minute you marry, her benefits from her ex-husband cease.
That means no more Social Security checks for one year, because she's no longer legally entitled to draw benefits from her ex-husband's record, and she's not legally entitled to draw benefits from your record, because you have not been married for at least one year.
Likewise, she is no longer legally entitled to Medicare benefits under her ex-husband's record, and she's not legally entitled to Medicare benefits under your record, because you haven't been married one year.
By the way, if, god forbid, you should die before being married one year (or get divorced), she gets absolutely nothing from you very slowly. No Medicare and no Social Security benefits. However, she could reapply under her ex-husband's benefits.
In the world of Social Security and Medicare, everything is chargeable to someone's record.
Your benefits are charged to your record, your spouse's benefits are charged to their own individual record or your record, provided they qualify, and benefits for a divorced spouse are charged to the ex-spouse, assuming they meet the eligibility requirements.
It just isn't possible to have people free-floating in the system, drawing Social Security and/or Medicare benefits without charging them to someone's record.
Your girl-friend-soon-to-be-wife can still get Medicare Part A, but she'll have to pay for it.
If she has at least 30 quarters, it's only $240/month.
If she has less than 30 quarters, it's $437/ month.
Medicare Part B would be on top of that, and Medicare Part D on top of that.
How are you two going to pay for that?
Well, since she will have 65 years, she may be entitled to Supplemental Security Income (SSI which a lot of morons confuse with OADI -- Social Security Disability). However, she'd have to declare your income, and I imagine your income is way too high for her to qualify for SSI, but you should still look at it anyway.
Once she's eligible under your record, she wouldn't have to pay the premium for Part A any longer.
To the best of my knowledge, the Medicare Part B Penalty does not apply here.
You must apply for Medicare Part A and Part B when you have 65 years or you get hit with a permanent 10% premium penalty for each year you delay until the day you die.
My concern is that your girlfriend enrolls in Medicare Part A and Part B,
then you marry, she's kicked out because she's no longer eligible, then a year later she is reinstated to Medicare Part A and Part B when she becomes eligible again, and they charge her the 10% premium penalty for the rest of her life.
You'll probably have to request a hearing, and then explain to the hearing officer that her withdraw from Medicare Part B was involuntary, not voluntary, based on eligibility issues, and so the penalty should not apply. The hearing officer should agree, annul the penalty and order adjustments (she would get the money back), but if not, you'll have to file an appeal.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
