Wednesday, February 15, 2012

Federal Court of Appeals Rules Over Seniors with Social Security

A Federal court of appeals in Washington last Tuesday ruled that seniors who are currently receiving their social security disability benefits cannot reject their lawful right for Medicare benefits.

In this rare case, a group of seniors including the Former House Majority Leader Dick Armey sued to terminate their automatic eligibility for Medicare.

However, in a separate decision, the appeals court ruled that the law provides them no way to opt out their Medicare eligibility while keeping their social security benefits.

The plaintiffs want their eligibility to Medicare to be terminated since their private insurers are limiting their coverage. However, they would prefer the coverage from their private insurer.

In a majority opinion joined by two other republican appointees, Judge Brett Kavanaugh noted that they understand why the plaintiffs are becoming frustrated with their insurance situation as well as their desire for a better coverage in their private plans. He further explained that when the plaintiffs applied for a social security, they also agreed with the law that states that recipients over 65-year old are automatically entitled to Medicare Part A which covers services like hospital, nursing home care.

The problem here is that the plaintiffs wanted to stop their Medicare but never wanted to lose their social security benefits since they believed that they earned the same.

Ironically, a lot of people apply for social security and sometimes make an appeal for their benefits or an increase of benefits. On the other hand, said plaintiffs here are making an appeal to lessen the benefits they are receiving from the social security. It indeed sounds ridiculous but that is how life goes for these people.