Posted on 08/03/2009 10:11:57 AM PDT by Starman417
In light of the POTUS's vehement promise that O'health care is to cut costs, yet continues to leave a patient's "choice" intact, it may behoove us to examine an ongoing story that started back in October of 2008. That would be when Brian Hall of Catlett, Va; Lewis Randall of Whidbey Island, Wash.; and Norman Rogers of Miami, Fla filed a lawsuit in US District Court, District of Columbia... now known as Hall v. Sebelius.
Apparently, since a Clinton rule change to Social Security regulations in 1993, those over 65 years of age have had a choice all right... a choice to enroll in Medicare, or waive their Social Security retirement benefits. Not only that, if you applied for SS bennies at 62, and received SS payments and RSDI, you have to pay them back when you opt out of HI.
On August 30, 1993, the Social Security Administration added two substantive rules to its “Program Operations Manual” to address the fact that “[S]ome individuals entitled to monthly benefits have asked to waive Hospital Insurance (HI) entitlement because of religious or philosophical reasons, or because they prefer other health insurance.” (These rules, while promulgated by SSA, are enforced by both SSA and HHS.)The first rule reads:
“Individuals entitled to monthly benefits which confer eligibility for HI may not waive HI entitlement. The only way to avoid HI Entitlement is through withdrawal of the monthly benefit application. Withdrawal requires repayment of all Retirement, Survivors, Disability Insurance (RSDI) and HI benefit payments.”
The second rule reads:
“To withdraw from the HI program, an individual must submit a written request for withdrawal and must refund any HI benefits paid on his/her behalf … An individual who filed an application for both monthly benefits and HI may:
• Withdraw the claim for monthly benefits without jeopardizing HI entitlement; or
• Withdraw the claim for both monthly benefits and HI. The individual may not elect to withdraw only the HI claim.”
Notice this Clinton rule change allows you to yield your SS benefits and keep Medicare, but you may not keep your SS retirement checks and yield your Medicare enrollment.
huh?
Feeling the need to pile on to an already bad rule that was accomplished the back rooms of the Clinton WH, and outside mandates that require notice and comments via the Federal Register, the Bush admin further entwined the SS/Medicare knot when, on May 23, 200, the SSA added the following to its Program Operations Manual:
“The claimant can withdraw an application for:• RSI [Retirement or Survivors Insurance, i.e., Social Security] cash benefits only
• RSI cash benefits and HI insurance coverage …, or
• Medicare [Part B] only
However, a claimant who is entitled to monthly RSI benefits cannot [emphasis added] withdraw HI [Medicare, Part A] coverage only since entitlement to HI [Medicare, Part A] is based on entitlement to monthly RSI benefits…”
Apparently, for a decade and a half, most of us didn't realize that the only "choice" we have on senior health care was between substandard Medicare and our Social Security retirement funds. Obviously, that "promise of choice" Obama, Pelosi and Reid are offering Americans is only offered to anyone as long as they are under 65 years of age. How convenient is that?
Not to mention, the number of American's cornered without options unwittingly is about to increase massively with the advent of 78-79 million baby boomers ready to bog down the system
The plaintiffs claim that the rules are illegal because:• The Social Security Act and Medicare Act state clearly that applying for Social Security monthly benefits and enrolling in Medicare are voluntary and that the applications for each of these programs are not dependent on the application for the other. For the new SSA rules to make enrolling in Medicare mandatory violates the Social Security Act and Medicare Act as well as Article I, Section 1 of the Constitution.
• Forced participation in Medicare infringes on a citizen’s right to privacy and to make necessary choices about his or her own health care, and, accordingly, violates the First, Fourth, Fifth, Ninth, and Fourteenth Amendments to the Constitution.
• The new SSA rules were put into place without undergoing the required “notice” and “comment” rule-making requirements. The policies should have been published in the Federal Register and open to comment by the general public prior to implementation. Not doing so violates the Administrative Procedure Act.
Hummm... did we get stealth Hillary care after all?
So how many Americans are mandated out of "choice" now, and in the near future years?
Let's see, between the current seniors and the boomers, how much of the 307 million estimated US population have the choice of being robbed of their SS benefits, or having Medicare forced down their throats? If we have a look at a from the Federal Interagency Forum on Aging Related Statistics, and depending upon the death rates of the existing seniors, it looks like that number will be approaching 50 million right about the time Obama's hoping he's planning his 2nd Inaugural party, and another 5-8 million he'll doom in any second term.
(Excerpt) Read more at floppingaces.net ...
i was forced on it out of my retirement health ins which i was completely happy with...now they only cover me as secondary...but they only pay what medicare covers not what they once covered...many of my health issues are not covered by medicare...so now my secondary retirement health won’t cover it any more. before i qualified for HSA for my expenses and now i can’t even do that any more...i am really getting screwed and my health care cost are now much higher...just when i needed the cover...this is all BS...and i had no viable options and didn’t know that until i came of age.
We’re mad as hell, and we are NOT going to take it any more...in the words of the 92 “HEROs” aboard United Fight 93 that crashed in PA on 9/11...”LETS ROLL”
Try opting out of Part D, outside the *window* without being able to prove that your supplemental policy covers prescriptions to the satisfaction of the government.
You can’t.
She had him pegged.
Oh gee, what will I do if they take away my 2200 dollars. Please, with all these demands, they can keep it.
Huh?
There are bumper stickers out there (in California) with Obama’s logo with “DICTATOR” written under it. ROFLMAO
Hahahaha! LOVE it!
Sean Connery to Wesley Snipes in “Rising Sun’: “Next thing you know, they’ll be calling you a racist.”
I don’t like Obama either, but he is far from being a dictator. Those with experience of real dictators will back that up. We must be about truth and the better use of language than to use words in such a cavalier fashion. To do otherwise will make us no better than the liberals we despise.
We will have to agree to disagree. I saw a bumper sticker yesterday with Dictator under Zero’s logo. I guess I’m not alone in my analysis of what his intentions are.
My parents and grandparents escaped from Communism, and although they do not dwell on it or live in the past, from what they have shared with me, this is very similar to those pre-dictatorial days.
Many of us are now afraid our guns will be taken away, our gold and silver, we’re being asked to be informants by the White House (there is a thread about this here), turning in neighbors, friends, relatives (forwarding emails and associated names), many of us are considered enemies of the state as suggested in the DHS reports, the media is against normal Americans... I could go on and on.
To me, that’s the most frightening pre-dictatorial times and days, and it’s unfathomable to me that my poor parents are seeing this happening again, and that I feel I am about to be hauled off any second. And I feel I say that without drama or exaggeration.
These are truely frightening times indeed. It is why we must fight hard and awaken the complacent.
You’re so right, oneamericanvoice.
:0( (hard for me to muster a smile these days)
I bet I can solve that smile problem. Just watch the footage of the townhalls. People are outraged! Dems are going to lose voters! The Awakening is happening! Too bad you aren’t near Alhambra, CA, because Rep. Schiff is going to be overwhelmed! Thousands are going to show up to a venue that only supports 200. The Patriots are massing! Good times!
OK, that is a good point too and one bright spot in my day is to watch Fox the last few nights (and the You-Tubes that people have been sending me). AWESOME!! YAYYY!!!
Our chicken-#### “rep” (non-rep) is hiding from the peasants and not having any town halls in the city (she’s holding one tonight in a little border town). BUT, we are holding protests at her office on the 8th and 22nd. And possibly tomorrow night.
Glad that I could brighten you day!
Yeah, we’re doing the national protest at the Federal Bldg on the 22nd. But watch for the news from Los Angeles next Tuesday (if the MSM shows), because if the Dems thought they had it tough before...they ain’t seen nothin’ yet.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.