I’m 73, became an LPR May 16, 2024, and enrolled in Medicare A and B in May 2025, with B effective February 2026; my U.S. citizen husband worked here over 10 years. Why was my Part B penalty calculated from age 65 to LPR status when I lived abroad and was neither a citizen nor an LPR?

Question

James Parsley · Accepted Answer

Your question deserves a careful review by Social Security. A Part B late-enrollment penalty generally applies to periods when you could have enrolled but did not. However, living abroad and not yet having permanent resident status do not, by themselves, establish that you were ineligible. Your husband’s work record may have allowed you to qualify for premium-free Part A—and therefore Part B—before you became an LPR.

I would ask Social Security for a written explanation showing your first month of Medicare eligibility, the basis for that eligibility, and the months included in your penalty calculation. Also ask why your May 2025 application resulted in Part B beginning in February 2026, and whether your original filing date was properly credited.

If the calculation includes months when you were not eligible, request reconsideration using Form SSA-561 and provide your immigration records, marriage information, and proof of your original application. Generally, you have 60 days after receiving the decision to appeal. If that deadline has passed, explain the reason for the delay and request an extension. The dates you provided warrant review, but the penalty cannot be confirmed as correct or incorrect without the eligibility record.

Christopher Horan · Answer

Based on the dates you've given, I would question whether Social Security applied the correct rules to your Part B late-enrollment penalty.

The key issue is that you became a lawful permanent resident (LPR) on May 16, 2024, after living abroad, and you enrolled in Medicare Part B in May 2025, with coverage beginning in February 2026. You were 73, but you were not a U.S. citizen or an LPR when you turned 65.

Those facts matter. The Part B late-enrollment penalty is not simply a penalty for every month after your 65th birthday. It depends on whether you were eligible to enroll, whether you had qualifying coverage, and whether a special enrollment period applied. Your husband's U.S. work history may also help establish eligibility for premium-free Part A or other benefits, but it does not automatically resolve the Part B penalty.

Shivaram Swamy · Answer

Your Medicare Part B penalty should be based on when you first became eligible for Medicare, not simply when you turned 65. Since you were living abroad and were neither a U.S. citizen nor a permanent resident, I recommend requesting a review from Social Security. Your husband’s work history may also affect your eligibility date. Ask Social Security to verify your original eligibility date and recalculate the penalty if necessary.

Answered by Shivaram Swamy on October 17, 2026

Agent Licensed in NC

Answered by Shivaram Swamy Medicare Insurance Agent

Christopher Douglas · Answer

The Medicare Part B late enrollment penalty assessed from age 65 to your LPR status is an administrative error by the Social Security Administration (SSA).

By law, the Medicare Part B penalty clock only begins to accrue once you are legally eligible to enroll and choose not to. Because you were living abroad and were neither a U.S. citizen nor an LPR before May 16, 2024, you were completely ineligible for Medicare during those years. The SSA's automated processing system likely defaulted to your 65th birthday based on your age, completely overlooking your immigration timeline.

Mary Brown · Answer

Your Part B penalty may need to be reviewed. Contact Social Security and explain that you lived abroad and weren’t a U.S. citizen or permanent resident before May 16, 2024. Ask them to reconsider the penalty based on your eligibility dates.

Answered by Mary Brown on October 26, 2026

Broker Licensed in NJ, DE, FL & 5 other states

Answered by Mary Brown Medicare Insurance Agent

Elisa Peinado · Answer

You would need to show proof that you were not residing in the US at the time of your eligibility.  You can contact Medicare.gov and speak to a representative to resolve.

Lillian Hill · Answer

Oh, gee, I can certainly understand why you have questions about how your Part B was calculated. Based on what you've shared, it sounds like you've kept excellent records regarding your residency status, enrollment dates, and Medicare eligibility.

Because this appears to be a qualification and eligibility determination matter of your Lawful Permanent Resident (LPR) status, rather than simply a premium calculation issue, I encourage you to contact the Social Security Administration (SSA).

Representatives are generally available Monday through Friday, from 8:00 a.m. to 7:00 p.m. local time.

🎯

Charles Hicks · Answer

It's difficult to speak to your specific situation. I would be reaching out directly to Social Security to review your exact situation. They could be looking at various factors, and that includes your husband's work record at the time you were eligible for Medicare.

Answered by Charles Hicks on October 16, 2026

Broker Licensed in CT & NY

Answered by Charles Hicks Medicare Insurance Agent

Robert Silva · Answer

This is a good question.  I do not have an answer.  I suggest that you call Medicare (1-800-MED-ICAR) to ask the question!

I’m 73, became an LPR May 16, 2024, and enrolled in Medicare A and B in May 2025, with B effective February 2026; my U.S. citizen husband worked here over 10 years. Why was my Part B penalty calculated from age 65 to LPR status when I lived abroad and was neither a citizen nor an LPR?

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I’m 73, became an LPR May 16, 2024, and enrolled in Medicare A and B in May 2025, with B effective February 2026; my U.S. citizen husband worked here over 10 years. Why was my Part B penalty calculated from age 65 to LPR status when I lived abroad and was neither a citizen nor an LPR?

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