An individual may be prevented from taking timely action to enroll for or terminate
SMI because a Government employee or agent failed to promptly provide correct and
For example, an individual may write SSA to inquire about SMI enrollment during or
shortly before an enrollment period open to the individual. However, the individual
is prevented from enrolling because SSA did not respond to the inquiry until most
or all of the period expired.
Relief in such cases is provided to ensure that the enrollee's desires are met. That
is, the result is the one that would have occurred if correct, complete, and timely
information had been given and the individual had acted promptly to enroll in accordance
with such information.
Similar relief should be provided for an enrolled individual who inquires about SMI
termination. This would be where SSA did not reply to the inquiry in time to permit
the filing of a voluntary termination request within the same calendar month in which
the individual inquired about termination.