If a widow(er) becomes entitled to aged widow(er)’s benefits beginning at or after
age 60 but before age 65 and alleges a disability, he or she is deemed entitled to
DWB for Medicare purposes for each month of entitlement to aged widow(er)’s benefits.
Deemed entitlement continues until an event occurs that terminates entitlement to
DWB. See RS 00207.020B.5, for termination of Medicare protection.
NOTE: In some cases, a disabled widow or widower eligible for a reduced RIB, which would
be greater than the reduced D benefit, will find it advantageous to restrict the scope
of the application to D benefits only in the first possible month of entitlement so
that D entitlement can be established for at least one month prior to the start of
RIB entitlement. Once the D entitlement is established, and it is determined that
the beneficiary would have met all the requirements for DWB if not age 60 or over,
he or she may be deemed entitled to DWB for the purpose of HI entitlement. Even though
D benefits are terminated when entitlement to reduced RIB begins, deemed DWB entitlement
continues, enabling the beneficiary to become entitled to HI after 24 months.
EXAMPLE 1:
Mrs. Smith, born in 5/40, filed for and was awarded widow's benefits effective 6/00
the month her husband died. In 12/03, she filed evidence establishing that she was
disabled beginning several years before her husband's death. She is deemed, for HI
purposes, to be entitled to DWB beginning 6/00 and is entitled to HI beginning 6/02.
EXAMPLE 2:
Mrs. Allen, a disabled widow, inquired about benefits on her husband’s record who
died in 10/00. She attained age 62 in 09/00, is fully insured, and wants reduced RIB;
she is not currently insured for DIB. Her retirement benefit is greater than what
she would receive as a widow and precludes entitlement to DWB and to deemed DWB. Mrs.
Allen makes clear on her application that she is filing only for D benefits for the
month 10/00; her application for reduced RIB is limited to begin 11/00. Once entitled
to D benefits, she can establish deemed entitlement to DWB. Once converted to reduced
RIB deemed DWB continues. After 24 months of deemed entitlement to DWB, she becomes
entitled to HI beginning 10/02. Upon attaining age 65 in 09/03, Mrs. Allen is entitled
to HI under the regular insured provision, and her coverage continues without interruption.