Saturday, July 26th, 2014

Medicare Lawsuit – Quick Reference

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Our Medicare Lawsuit seeks to right a wrong created by government bureaucrats. In 1993 the Social Security Procedure Manual was changed in a way that forces retirees to participate in Medicare, Part A, as a condition of receiving their Social Security benefits. This is so outrageous and unbelievable, that the pertinent links to the government websites are provided below so that you may see for yourself the plain language that makes this so.

Here it is in plain language, to quit Medicare, Part A, one must withdraw from Social Security and REPAY all prior benefits received!

HI 00801.002 Waiver of HI Entitlement by Monthly Beneficiary

A. INTRODUCTION

Some individuals entitled to monthly benefits have asked to waive their HI entitlement because of religious or philosophical reasons or because they prefer other health insurance.

B. POLICY

Individuals entitled to monthly benefits which confer eligibility for HI may not waive HI entitlement. The only way to avoid HI entitlement is through withdrawal of the monthly benefit application. Withdrawal requires repayment of all RSDI and HI benefit payments made.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0600801002!opendocument

And again, the procedures state that one may not withdraw only from Medicare, Part A while retaining monthly benefits:

HI 00801.034 Withdrawal Considerations

A. POLICY

To withdraw from the HI program, an individual must submit a written request for withdrawal and must refund any HI benefits paid on his/her behalf as explained in GN 00206.095 B.1.c.

An individual who filed an application for both monthly benefits and HI may:

  • withdraw the claim for monthly benefits without jeopardizing HI entitlement; or
  • withdraw the claim for both monthly benefits and HI.

The individual may not elect to withdraw only the HI claim.

An individual who filed an application for HI only may withdraw the claim at any time (see HI 00801.002).

Note: Even though a NH may withdraw a claim for monthly benefits and HI for HI only, the NH’s aged spouse (or other aged auxiliary) retains HI entitlement unless the spouse (or auxiliary) also specifically elects to withdraw the application for HI.

B. REFERENCE

See GN 00206.020 for a complete discussion of withdrawal considerations.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0600801034!opendocument

Following the status conference held in Washington, DC, on April 9, 2010 we were ordered to re-file our complaint such that the government’s request for discovery could be denied. The new motion excludes the motivation of the plaintiffs for wanting to opt out of Medicare, Part A, and argues the case based on the fact that the procedure manual contradicts the Social Security and Medicare Acts.

http://TheFundForPersonalLiberty.org/pdf/100503-39-1-Plaintiffs-Memo-in-Support-of-Summary-Judgment.pdf

Citations of the statutes:

TITLE II – FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS

http://www.law.cornell.edu/socsec/act/0200.htm

Social Security Act, 42 USC §§ 401 et seq.,

http://www.law.cornell.edu/uscode/42/usc_sec_42_00000401—-000-.html

specifically, but not limited to, 42 USC §§ 402 and 426,

http://www.law.cornell.edu/uscode/42/usc_sec_42_00000402—-000-.html

http://www.law.cornell.edu/uscode/42/usc_sec_42_00000426—-000-.html

and the Medicare Act, 42 USC §§ 1395 et seq.,

http://www.law.cornell.edu/uscode/42/usc_sec_42_00001395—-000-.html

specifically, but not limited to, 42 USC §§ 1395, 1395a, 1395b, 1395i-2 and 1395o,

http://www.law.cornell.edu/uscode/42/usc_sec_42_00001395—-000-.html

http://www.law.cornell.edu/uscode/42/usc_sec_42_00001395—a000-.html

http://www.law.cornell.edu/uscode/42/usc_sec_42_00001395—b000-.html

http://www.law.cornell.edu/uscode/42/usc_sec_42_00001395—i002-.html

http://www.law.cornell.edu/uscode/42/usc_sec_42_00001395—o000-.html

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