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People most commonly
identified as eligible for Medicare are those who are 65 years of
age or older. However younger individuals who cannot work because
of their disabilities may also be eligible for Medicare.
Medicare eligibility for
both older and disabled people is linked to eligibility for Social
Security benefits[i],
and requires a work history with contributions to Social Security
for varying periods of time. Disability is defined as:
(A) inability to
engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can
be expected to result in death or has lasted or can be expected
to last for a continuous period of not less than 12 months, or
(B) blindness.[ii]
Unfortunately,
individuals who become entitled to disability benefits must wait 24
months for Medicare coverage to begin. The hospital insurance
portion of Medicare (Part A) is free, and a monthly premium is
charged for the supplemental medical insurance portion of Medicare
(Part B).
But what about an
individual who attempts working again after receiving disability
benefits? The continuation of health care coverage by the Medicare
program is very important to such individuals as they test their
uncertain ability to work. Congress has taken this need into
account by providing for continued Medicare eligibility during
various stages of reentry into the job market by disabled
individuals.
Medicare eligibility for
working people with disabilities falls into three distinct time
frames. The first is the trial work period, which extends for 9
months after a disabled individual obtains a job. The second is the
seven-and-three-quarter years (93 months) after the end of the trial
work period. Finally, there is an indefinite period following those
93 months. Keep in mind that Medicare eligibility during each of
these periods applies only while the individual continues to meet
the medical standard for being considered disabled under Social
Security rules.
Trial Work Period
An individual who is
receiving Social Security disability benefits is entitled to
continue receiving Medicare as well as Social Security income during
a maximum 9 month "trial work" period.[iii]
To qualify, an individual must have gross earnings of at least $670
per month in 2008, or work at least 80 hours per month. The nine
months of the trial work period do not necessarily have to be
consecutive. During the trial work period, the ability to perform
such work will not disqualify the individual from being considered
disabled and receiving Social Security and Medicare benefits.
However, independent evidence that the individual is no longer
disabled could end benefits during the trial work period. After the
nine month trial work period has ended, the work performed during it
may be considered in determining whether the individual is no longer
disabled, and thus no longer eligible for Social Security income and
Medicare benefits.
Extended Medicare
Coverage
Individuals who still
have the disabling impairment but earn income that meets the
"Substantial Gainful Activity" level can continue to receive
Medicare health insurance after successfully completing a trial work
period.[iv]
The Substantial Gainful Activity level for 2008 is $940 a month, or
$1,570 for the blind. This new period of eligibility can continue
for as long as 93 months after the trial work period has ended, for
a total of eight-and-one-half years including the 9 month trial work
period. During this time the beneficiary pays no premium for the
hospital insurance portion of Medicare (Part A), although as usual,
premiums are due for the supplemental medical insurance portion
(Part B). If the individual’s employer is large enough to have more
than 100 employees, it is required to offer health insurance to
individuals and spouses with disabilities, and Medicare will be the
secondary payer. For smaller employers who offer health insurance
to persons with disabilities, Medicare will remain the primary
payer.
Indefinite Access to
Medicare
Even after the
eight-and-one-half year period of extended Medicare coverage has
ended, working individuals with disabilities can continue to receive
benefits. At this point the individual will have to pay the premium
for Part A as well as the premium for Part B.[v]
The amount of the Part A premium will depend on the number of
quarters of work in which the individual or his spouse have paid
into Social Security. Individuals whose income is low, and who
have resources under $4,000 ($6,000 for a couple), can get help with
payment of these premiums under a state run buy-in program for
Qualified Disabled and Working Individuals.
[i] The statutory
authorization for Medicare eligibility of disabled people is
found at 42 U.S.C. § 426(b).
[iii] See the
statute at 42 U.S.C. § 422(c), and regulation at 20 C.F.R. §
404.1592.
[iv] 42 U.S.C. §§
426(b) and 1395i-2A; 42 C.F.R. § 406.12(e).
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