Legal Question in Social Security Law in Maryland
Reclaim Social Security an Medicare
Our family immigrated into the US on 1983. After receiving his green card, my father decided to go back to Hong Kong to work. He returned to the US on the average about three times a year and each time for about three weeks. His situation allowed them to be qualified for tax immunity of up to $75000. Nonetheless, he volunteered to pay tax to the US government every year for the past 17 years in the hopes of gaining easy access to the US every time he returned. We also assumed that he could claim his Medicare benefit by paying the taxes. Last year, he reached 65 and would like to apply for social security and Medicare. Unfortunately, he was told by the social security department that he is not qualify for both social security and Medicare because he had been working in a foreign country and therefore did not file social security tax.
I would like to find out if there is a way to reclaim his social security benefit and Medicare. If not, is there a way he could at least reclaim his Medicare? My mother is 56 and it will be a while before she could received her social security. My father therefore could not yet be covered under her until nine long years later!
Thanks in advance for your answer.
2 Answers from Attorneys
Re: Reclaim Social Security an Medicare
Have you appealed this decision. There are time limits for appeal and your facts may permit you to be successful.
Re: Reclaim Social Security an Medicare
If the taxes your father paid for 17 years were income taxes, and not Social Security and Medicare taxes, he cannot receive Social Security retirement income. Social Security benefits are not in any way based on the payment of income taxes. I am not able to answer your question as it relates to Medicare, but I would suggest that you might inquire at the Social Security office about whether he could become eligible for Medicare independently of Social Security retirement. He might be covered for Medicare based on your mother's history.
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