What is an EQUITABLE RELIEF?

Equitable relief

It is a process which allows you to request the following from the Social Security Administration (SSA), either:

Immediate or retroactive Medicare enrollment
Elimination of the Medicare Part B late enrollment penalty (LEP)

In order for you to be eligible for a request, you must have failed to enroll in Medicare due to the error, misrepresentation, or inaction of a federal employee, such as a Social Security or 1-800-MEDICARE representative. It will not apply if you were misinformed about your Medicare rights and options by non-federal employees, such as an employer.

Example: Let’s say you did not enroll in Part B because a Social Security representative said you did not need to sign up. Because of misinformation from a federal employee, you failed to sign up for Medicare. Now, you may have grounds for receiving equitable relief.

How to request for an Equitable Relief?

To request, you or your representative should write a letter to your local Social Security office explaining that you received misinformation which caused your delay of enrollment. You can find the address of your local office by calling 800-772-1213 or visiting www.ssa.gov/locator.

Your letter should be specific as possible and should include the name of the representative you spoke to, the date and time of the conversation, the outcome of the conversation, and any additional notes if there is.

You should also indicate whether you want coverage going forward, retroactive coverage, and/or elimination of your Part B LEP.

Keep in mind that if you request retroactive coverage, you will have to pay premiums back to the time your coverage begins.

Notes to remember!

Social Security is not required to respond to equitable relief requests within any set timeframe. They also do not have to send you a formal decision letter in response to your request.

Follow up with your local Social Security office one month after you submit your request. You can also contact a legislative representative if you wish to, such as a member of Congress. You can ask them to follow up on your case.

If you are denied equitable relief, there is no formal appeal process, but you can resubmit your request with more or different information as many times as you wish.

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