2026 Medicare late penalties by the numbers
Here's what to do if you're late — or close to being late.
Late on Medicare — or worried you might be? Here's the order I'd take.
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Confirm whether your gap counts as creditable coverage
Pull every plan card you've had since age 65. For Part B purposes, only active employment with a 20+ employee employer counts as creditable. COBRA, retiree, severance, and ACA marketplace plans do NOT. For Part D, your plan or employer should have sent a Notice of Creditable Coverage every fall. Find those notices.
Time: 30 minutes Cost: Free Medicare creditable coverage rules
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Calculate what your penalty actually is
Part B penalty math: count the full 12-month periods you were Medicare-eligible without Part B (and without creditable employer coverage). Multiply by 10%. Add that percent to the standard Part B premium ($202.90 in 2026) for life. Part D penalty math: count the months without creditable drug coverage. Multiply by 1% of the national base premium ($38.99/mo in 2026), rounded to the nearest 10 cents.
Time: 20 minutes Cost: Free Penalty calculator examples (Medicare.gov)
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Use the right enrollment window to get covered
If you have an active SEP (employer coverage ended within the last 8 months from a 20+ employee plan), use it — it waives the Part B LEP entirely. If your SEP closed, use the General Enrollment Period (Jan 1–Mar 31) for Part B. Coverage starts the month after enrollment under the CAA 2023 fix. For Part D, sign up at the same time you enroll in Part A or B during your SEP, GEP, or AEP (Oct 15–Dec 7).
Time: 45 minutes Cost: Free to apply Apply at SSA.gov
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Don't trust a phone call telling you your penalty is gone
If somebody calls or texts saying they can erase your Medicare late penalty for a fee — hang up. Cold-call solicitation about Medicare Advantage and Part D plans is prohibited under CMS's Medicare Communications and Marketing Guidelines (MCMG). Real penalty appeals go through SSA reconsideration (for Part B) or the Independent Review Entity (for Part D), not through a sales rep. Free, unbiased help is at SHIP (1-877-839-2675).
Time: 30 minutes Cost: Free Find your local SHIP
Which of these fits your situation?
Late penalties play out differently depending on what coverage you had — or didn't. Pick what fits.
I missed my IEP and never had employer coverageYou're facing both Part B and Part D late penalties
This is the worst-case version of late enrollment. Without qualifying employer coverage to fill the gap, every full 12-month period you went without Part B adds 10% to your premium for life. Every month without creditable drug coverage adds 1% of $38.99 to your Part D premium for life. Use the General Enrollment Period (Jan 1–Mar 31) to enroll in Part B — coverage starts the month after enrollment. Sign up for Part D at the same time. The penalty math doesn't disappear, but the bleeding stops.
I was on COBRA — I thought that countedIt doesn't — and this is the most common penalty trap
COBRA is NOT creditable employer coverage for Part B late-enrollment purposes. CMS treats COBRA as a continuation of employer coverage that's already ended for Medicare-coordination purposes. Part D considers COBRA creditable only if the COBRA prescription drug coverage is itself creditable (the plan must send a Notice of Creditable Coverage). The fix: stop assuming and check. If you've been on COBRA past 65 thinking you're protected, file for Part B during the next GEP and call SSA to discuss whether equitable relief applies.
I had active employer coverage past 65 (20+ employees)You almost certainly have an SEP — no penalty
If you (or your spouse) worked at an employer with 20 or more employees and you were covered under that group plan past 65, you have a Part B Special Enrollment Period that runs 8 months after the employment OR coverage ends — whichever comes first. Use it. There's no LEP. Bring proof of continuous creditable coverage (Form CMS-L564 from the employer + W-2s if needed). For Part D, you have 63 days after losing creditable drug coverage to enroll without a Part D LEP.
My employer has fewer than 20 employeesMedicare is primary — you should have enrolled at 65
When the employer has fewer than 20 employees, Medicare becomes the primary payer at 65. Group coverage is secondary. If you delayed Part B based on the small-employer plan, you may have an LEP exposure even though you had insurance. The fix: enroll in Part B during the next available enrollment window. Talk to SSA about whether equitable relief might apply if the employer or its broker told you the plan was creditable when it wasn't.
I had Part B but skipped Part DYou may be facing a Part D penalty only
If you enrolled in Part B on time but skipped Part D thinking you didn't need drug coverage, the Part D LEP starts running once you go 63+ days without creditable drug coverage. The penalty is 1% of the national base premium ($38.99/mo) per month, rounded to the nearest 10 cents, paid for as long as you have Part D. The fix: enroll during the next AEP (Oct 15–Dec 7). The penalty is permanent but smaller than the Part B version.
I just qualified for Extra Help / LISYour Part D late penalty is wiped out
If you qualify for the Low-Income Subsidy (Extra Help) for Part D, the Part D LEP doesn't apply for the months you're enrolled in LIS. This is one of the few real eraser buttons. Apply for Extra Help through SSA at ssa.gov/medicare/part-d-extra-help (or 1-800-772-1213). Income limit was expanded to 150% FPL in 2024 under the Inflation Reduction Act — a lot more people qualify now than realize.
I'm helping my parent who's lateThree things to figure out first
Before doing anything else: (1) Did they have active-employment employer coverage past 65, and was the employer 20+ employees? (2) When did the coverage end — versus when did they think it ended? (3) Do they have any Notice of Creditable Coverage letters from the past several Octobers? The answers determine whether they qualify for an SEP, owe an LEP, or have an equitable relief argument. Then call SSA together with the documentation.
My situation is different from any of theseTell me what's going on — we'll figure it out together
Late-enrollment situations are messier than the boxes suggest. Maybe you were overseas. Maybe you had a TRICARE/VA situation. Maybe you were dealing with a major life event when the IEP came around. SHIP counselors are trained to walk through these without trying to sell you anything. Reach them at 1-877-839-2675 or via shiphelp.org. Or use the chat below to describe your situation and I'll point you to the next right step.
Medicare late-enrollment questions I get most often
Is the Medicare late-enrollment penalty really for life?
For Part B and Part D, yes. Once the LEP is added to your premium, it stays added for as long as you have that coverage. The Part A LEP is shorter — it's 10% of the Part A premium for twice the number of years you were late. But Part A LEP only applies to the small group that has to BUY Part A (people without 40 work credits). For the vast majority of people, Part A is premium-free and there's no Part A LEP at all.
How is the Part B late penalty calculated?
Count the full 12-month periods you could have had Part B but didn't — starting at the end of your Initial Enrollment Period (or the end of your SEP if applicable). Multiply by 10%. Add that percentage to the standard Part B premium. Example: late by 4 full years means 40% added to the 2026 standard premium of $202.90 — about $81/month extra, every month, for life. The base premium changes annually, so the dollar penalty changes too, but the percentage is locked.
How is the Part D late penalty calculated?
Count the months you went without creditable drug coverage after your IEP ended (more than 63 days at a time). Multiply that number by 1% of the national base beneficiary premium ($38.99/mo in 2026). Round to the nearest 10 cents. That's added to whatever Part D plan you eventually pick. Example: 30 months late = 30% × $38.99 = $11.70/month. Permanent.
Does COBRA count as creditable coverage?
For Part B late-enrollment purposes, NO. Only active-employment employer coverage from a 20+ employee employer counts. For Part D, COBRA only counts if the COBRA drug coverage itself is creditable (the plan must send you an annual Notice of Creditable Coverage). This is the most common late-enrollment trap I see — people delay Part B because they're on COBRA, then get hit with the LEP when they finally enroll.
Can I appeal a Medicare late-enrollment penalty?
Yes — but the bar is high. For Part B, you can request a reconsideration with SSA on Form SSA-561 (Request for Reconsideration). The strongest argument is 'equitable relief' — SSA gave you wrong information, a federal employee misled you, or there was a federal coverage error. For Part D, the appeal goes to the Independent Review Entity (IRE) administered by C2C Innovative Solutions, with a 60-day filing window. Bring documentation — written notices, plan letters, anything that supports your story.
If I move to Original Medicare from Medicare Advantage, does my Part D LEP follow me?
If you've had continuous creditable drug coverage (whether through MA-PD or stand-alone Part D), no LEP gets added when you switch. But if there's a 63+ day gap in creditable drug coverage during the switch, the LEP starts running. Don't drop one drug plan before another is set up.
If I qualify for Extra Help, does my Part D LEP go away?
Yes. The Part D LEP doesn't apply for any month you're enrolled in the Low-Income Subsidy (Extra Help). Apply through SSA at ssa.gov/medicare/part-d-extra-help or call 1-800-772-1213. The income limit is now 150% of the federal poverty level (expanded by the Inflation Reduction Act, effective 2024). Asset limits also rose.
I'm overseas — do I owe an LEP for time I lived abroad?
It depends. Living outside the U.S. doesn't pause the LEP clock by itself. But if you had insurance abroad that was equivalent to Medicare (e.g., national health systems in some countries), you may have an equitable-relief argument. The cleaner path is to enroll during your 8-month SEP that opens when you return to the U.S. and to document continuous foreign coverage. Bring documentation when you talk to SSA.
What's the General Enrollment Period (GEP) and how does it relate to LEPs?
The GEP is January 1–March 31 each year. It's the catch-up window for people who missed their IEP and don't have an SEP. You can enroll in Part A and/or Part B during the GEP. Coverage starts the month after enrollment (this changed in 2023 under the Consolidated Appropriations Act). The LEP still applies, but the bleeding stops because you're now enrolled.
Can I avoid an LEP by buying Medicare Advantage instead of Original Medicare?
No — LEPs apply regardless of whether you go with Original Medicare or Medicare Advantage. To enroll in any Medicare Advantage plan, you have to be enrolled in Part A and Part B first. The LEP attaches to your Part B premium and follows you into the MA plan. Switching coverage type doesn't reset the penalty.
Programs that may waive or lower a late penalty.
If you're facing a late penalty, a few cost-assistance programs can lighten the load. A few worth checking.
Medicare Extra Help (LIS)
If your income is under 150% of the federal poverty level, Extra Help may eliminate Part D late-enrollment penalties entirely and lower your drug costs.
Medicare Savings Program (MSP)
QMB, SLMB, and QI programs help cover Part B premiums and (for QMB) other Medicare costs. State Medicaid agency runs the application.
Medicare Enrollment Periods
If you missed your IEP, the General Enrollment Period (Jan 1–Mar 31) is your catch-up window. SEPs may waive the LEP entirely.
IRMAA (high-income surcharge)
If your income is over $109K single / $218K joint (2026), an income-related surcharge stacks on top of your Part B and Part D premiums — separate from any LEP.
Working Past 65 with Employer Coverage
Active employment with a 20+ employee employer is the gold standard for delaying Part B without an LEP. The rules around small employers and COBRA are stricter.
Medicare for Disabled (24-month rule)
If you're under 65 and just got onto Medicare via SSDI, you have your own IEP that doesn't run on the standard age-65 calendar. LEP rules still apply.
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Five short emails covering creditable coverage rules, the SSA-44 / appeal route, the GEP catch-up window, the Part D base premium math, and how to fight a wrongly-assessed penalty. Free. No spam. Unsubscribe anytime.
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