Follow the procedures below in handling timely protests of enrollment.
If a timely protest as shown in B. is received:
delete the erroneous period of SMI coverage, and
refund any premiums paid provided that the individual repays any SMI benefits paid pursuant to the erroneous enrollment.
Record on a Form SSA-795 the individual's statement that he/she does not want SMI,
and the agreement to repay any SMI benefits paid by the Medicare program.
EXAMPLE: Mr. Thomas, age 71, files a GEP election of SMI during 3/ 90.
His application is erroneously handled like a special enrollment period enrollment
and he is awarded SMI coverage effective 4/90. Shortly after receiving the award notice,
Mr. Thomas protests the SMI award because he will continue to be covered under his
employer group health plan until he retires on 6/30/90.
The SMI award is corrected to 7/90. The erroneous period of SMI coverage is deleted
and SMI premiums withheld from his social security checks are refunded to him.
On the other hand, if Mr. Thomas does not protest until more than 6 months after the
month he is sent notice of SMI entitlement, his protest can only be treated as a request
for voluntary termination. (See HI 00820.035 B.4.)