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I appealed to Maximus on behalf of my mother in law, because she misunderstood the “rules” as such and my father in law (her husband) had just passed away. Unfortunately, at the time - she was being ill advised by a friend of theirs, whom she had no reason not to trust.
Anyways, we lost the appeal - but we figured it was worth a shot at getting the penalty waived. Standard denial form letter, as you mentioned above.
1. The State/ Medicare lacks the authority to mandate that I spend my money on an insurance policy posited by selected corporate entities. Such violates my freedom of expression. USC Amendment I.
If you do not know it already, the late enrollment penalties are imposed until the day one dies.
2. The State/ Medicare lacks the authority for imposing a life-sentence without Due Process. V and XIV.
I was horrified that such tactics and laws are part and parcel of the supposed "Health Care" system, and in turn the two Medicare advocacy groups (then) had no interest in righting a wrong.
If Medicare thought that every member should have Rx drug coverage (not an inherently a bad idea) they should have incorporated it into their system and added on the cost to the annual premium.
Again if anyone mounts a legal challenge, I would like to know about it.
BTW. I have other pro se Civil Rights projects in progress, but they are not in this vein.
Good luck and thanks for the contact and conversation.
No. It is a long dead issue. Look to the date of the start of this thread.
I have no interest in pursuing it any further now or in the future.
It has taken too much of my life already. As I stated before an "appeal" is a fools mission. I know because I tried every possible route to get a reversal.
However if someone initiates a class-action law suit against Medicare (rooted in the Bill of Rights), etc, I will like to know about it: I may want to sign on to such an action
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I feel the same way about my Part B appeal. There was no chance it would be reversed, and now it's too late. Ironically, my part D appeal went through easily. I don't get why they were different, but that's how it went. Count me in to whatever acton gets taken.i
What a very disappointing runaround you both went through!
I gather it can take 90 days or so for a determination.
Do you only get ONE shot in the appeals process?
Or are there 3 levels in which you can appeal at least 2 more times, with the last determination being judged by an ACTUAL person that you meet in person?
Husband worked and was provided insurance by his employer until he was 70. His employer, United Healthcare, dawdled around getting back required paperwork to us which states he was no longer insured under employment with them. You are in arrears if it takes you 63 days to apply for Part D. Didn't take us that long, but took them that long and now he is required to pay an additional $1.50 per month for his Part D. Didn't think it worth putting in the effort to protest as the "government is here to help" and it would never be overturned. Is it a pain...sometimes, but then again there is a lot of other things to worry about.
Medicare Advocacy
Center for Medicare Advocacy, http://www.medicareadvocacy.org/
Connecticut Office\
P.O. Box 350
Willimantic, CT 06226
Phone: (860) 456-7790
Fax: (860) 456-2614
Susan 2/6
ignore disability
Center for Medicare Advocacy,
Washington, DC Office http://www.medicareadvocacy.org/
1025 Connecticut Avenue, NW, Suite 709
Washington, DC 20036
Phone: (202) 293-5760
mostly info, list of cases. Hard to follow.
I also tried the Maximus website you listed in your first post.
I could not find any info on Part D LEP appeals on it at all-which of course makes sense since they are the Medicare contractor that handles them.
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