To cancel a refusal, the responsible representative (or the beneficiary) must submit
proof that the beneficiary was mentally incompetent at the time he or she filed the
refusal. If the beneficiary makes the request to cancel their prior SMI refusal, he
or she must now be competent, as shown with legal evidence or other medical evidence
as outlined in GN 00502.050.
Cancel the refusal if we receive the proof outlined in HI 00805.055D during the following timeframes:
within 12 months of the first month of potential SMI entitlement; or
if later, within 12 months of the month of the refusal.
SMI entitlement begins with the month coverage would have started as though the beneficiary
never filed the refusal. The beneficiary must pay all premiums owed for any retroactive
months of SMI coverage or authorize us, the Railroad Retirement Board or the Office
of Personnel Management to withhold them from monthly benefits payable.
Example of cancelling a refusal by an incompetent beneficiary:
Ms. Tessen was born on January 15, 1947, and we entitle her to retirement benefits
at age 63. She receives the IEP package in October 2011 (the first month of her IEP).
Ms. Tessen refuses SMI in November 2011. She enrolls again in SMI in March 2012, the
sixth month of her IEP, and we award SMI coverage as of June 2012. In September 2012,
her sister notifies the FO that Ms. Tessen was mentally incompetent at the time she
refused SMI in November 2011.
Ms. Tessen’s sister provides a certified copy of a court order dated July 2011 indicating
that the court ruled that Ms. Tessen was legally incompetent. Ms. Tessen’s sister,
the legal representative, authorizes the retroactive SMI premiums to be withheld from
Ms. Tessen’s monthly benefits. We adjust Ms. Tessen’s SMI entitlement date to January
2012 (the first month her SMI coverage would begin as though she never filed the original
Even if Ms. Tessen had not enrolled later during her IEP, we could award her SMI as
of January 2012.