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How to Appeal a Medicare Late Enrollment Penalty

How to Appeal a Medicare Late Enrollment Penalty

June 01, 2025

dicare is a vital healthcare program for millions of Americans aged 65 and older, as well as those with certain disabilities. For many, understanding the nuances of Medicare coverage can be complex, especially when it comes to penalties. The Late Enrollment Penalty (LEP) for Part B and Part D can be frustrating if you find yourself being charged extra for not signing up when you were first eligible. However, you have the right to appeal these penalties under certain circumstances. This blog will guide you through the process of appealing both Medicare Part B and Part D LEPs.

Understanding Medicare Part B and Part D Late Enrollment Penalties (LEPs)

Before diving into the appeal process, it’s important to understand what these penalties are and why they occur.

Medicare Part B covers outpatient services like doctor visits, lab tests, and some preventive services. If you don’t sign up for Part B when you’re first eligible, you may be charged a late enrollment penalty.

  • Penalty details: The penalty is generally 10% for each full 12-month period that you were eligible for Part B but did not enroll. This penalty is added to your monthly Part B premium and can last for as long as you have Medicare.

Medicare Part D covers prescription drug coverage. Like Part B, if you don’t sign up for Part D when first eligible and don’t have creditable drug coverage (coverage that is at least as good as Medicare's), you could face a penalty.

  • Penalty details: The Part D LEP is calculated based on how long you went without creditable drug coverage after your initial eligibility period. The penalty is an additional percentage of the national average premium for Part D, and it will be added to your Part D premium each month for as long as you have it.

Appealing Part B LEP 

If you meet any of the following reasons you can appeal to remove the Part B LEP or lower the penalty amount:  

  • You had job-based insurance during some or all of the time period in question 
  • You were enrolled in Medicare Part B during some or all or the period in question
  • You have a new Initial Enrollment Period (IEP). 
  • You are enrolled in an MSP

Steps to Filing a Part B LEP Appeal: 

  1. Gather your evidence 
  • If you had job-based insurance: 
    • Call your former employer or plan and ask for a letter proving that you were enrolled in coverage. Make sure to attach this letter to your appeal form.  
  • If you were enrolled in Medicare Part B during some or all or the period in question and being assessed in error  
    • You can include proof of that coverage, including Medicare Summary Notices (MSNs) showing payment for care, statements showing premiums paid, or other records. 
  1. Follow the directions in the letter informing you about the penalty.  
  • If you do not have this letter, you can use SSA's request for reconsideration form which can be downloaded from Social Security's website.

Appealing Part D LEP: 

If any of the following reasons apply to you, then filing an appeal may result in the elimination or reduction of your Part D LEP:

  • You have Extra Help. 
  • You had creditable drug coverage during some or all of the time period in question 
  • You had non-creditable drug coverage, but your or your spouse’s employer or insurer told you it was creditable or didn’t inform you that it was non-creditable 
  • You were ineligible for a Medicare prescription drug plan (e.g., if you were living outside the U.S. or incarcerated) 
  • You couldn’t enroll into creditable drug coverage because of a serious medical emergency 

Steps to Filing a Part D LEP Appeal: 

  1. Gather your evidence:  
  • If you had creditable drug coverage:
    • Call your former plan and ask for a letter proving that you were enrolled in creditable drug coverage. Make sure to attach this letter to your appeal form.  
    • Your employer or union may also be able to confirm the fact that you had creditable drug coverage. 

     2. Complete the appeal form you received from your plan and attach any evidence you have

  1. Mail everything toC2C Innovative Solutions.
     

The appeal deadline is 60 days from the date you received the letter informing you about the penalty. Be sure to follow the steps outlined above and file within 60 days. 

If you miss the 60-day deadline, you can write a letter explaining why you had good cause, or a good reason, like serious illness, that prevented you from appealing on time. Attach the letter to your appeal.  

While your appeal is being considered, be sure to pay the LEP to your plan along with your premium. If your appeal is successful, your plan will pay you back for the LEP payments you made while your appeal was pending. 

Receiving a Medicare Part B or Part D Late Enrollment Penalty can be frustrating, it’s important to remember that you have the right to appeal if you feel the penalty was applied in error or if you meet certain qualifying criteria. Whether it’s due to creditable coverage or extenuating circumstances, understanding how the appeal process works and gathering the right documentation can help you navigate this challenge. Always reach out to Medicare or Social Security to explore your options and ensure that you’re not paying more than you need to.

By staying informed and proactive, you can help ensure that your Medicare experience is as smooth and affordable as possible.


If you have any questions or need additional resources, I'm here to help. Contact me at 440.359.3502 or michele.marchiano@otiumfp.com



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The heat and humidity cause an increased risk of common summer ailments such as heat stroke, dehydration, heat exhaustion and sunburn.

  • Wear Sunscreen and Sunglasses 
  • Lighten Up Your Wardrobe
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Bask in the glow of the morning sun rays
Embrace the gift of a new day
Let gratitude bloom within your soul

Birthstone 

June is one of only two months that has three birthstones associated with it: pearl, alexandrite, and moonstone.

June's birthstones range from the opalescent pearl to the milky moonstone to the rare, color-changing alexandrite.

Birth flower 

The birth flowers for June are the rose and honeysuckle.    

Both flowers symbolize love, passion, and affection.

June babies can brag about having one of the most popular flowers of all time as their birth flower!

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Gemini

  • The zodiac sign for people born between May 21 and June 21. Gemini is the third sign of the zodiac and is represented by the twins Castor and Pollux. The symbol for Gemini is the twins, and its element is air.

Cancer

  • The zodiac sign for people born between June 22 and July 22. Cancer is a cardinal sign, and the moon is its ruler.

Fun Fact 

A fun fact about someone born in June is that they are statistically more likely to grow up to be taller than people born in other months,

as June falls in the summer when babies tend to get more sunlight and vitamin D, potentially contributing to increased height.



Celebrate nature in June!



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