Like all Social Security enrollment decisions, you can appeal your Part B LEP. To appeal, follow the instructions on the notice that you received informing you of the penalty. In order to successfully appeal your penalty, you will need to prove that you were enrolled either in Part B or in coverage through current employment during the period of time that you are being penalized for. If you can, have your employer fill out the CMS-L564 form, Request for Employment Information, showing that you or your spouse were employed and you were covered by insurance through current employment during the time you are being penalized for.
If your appeal is unsuccessful, you will have the right to request a hearing by an administrative law judge (ALJ). Follow the instructions on you appeal denial to request an ALJ hearing.
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Learn About: What Can I do to Appeal for a Part D Late Enrollment Penalty?
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