Federal Judge Rosemary Collyer, in a huge bit of legislating from the bench, has ruled that the Social Security Administration can make receipt of Social Security benefits contingent on enrollment in Medicare. Plus, a person who withdraws from Medicare would not only give up Social Security benefits but also have to repay all benefits previously provided.

The plaintiffs in this case had paid into both programs all their lives and were eligible for both programs. But they didn't want to enroll in Medicare because they had their own savings and health insurance programs that they preferred.

None of the plaintiffs wanted any money back, they just didn't want to enroll in Medicare but still collect their Social Security benefits.

The law states clearly that when a person attains all the prerequisites he or she "shall be entitled" to the benefits, but the legislating judge decided that "This was a different type of entitlement".

So, as of now, seniors are forced into Medicare, wanted or not.

The complete article follows, along with the relating of the fact that this judge contradicted her own previous ruling. I guess it's up to the higher courts now.

http://www.nypost.com/p/news/opinion...W49SLG5xwS3kvJ