# 42 CFR § 408.10: Claim for monthly benefits pending concurrently with request for SMI enrollment

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-42-408.10

## Section

- **Citation:** 42 CFR § 408.10
- **Heading:** Claim for monthly benefits pending concurrently with request for SMI enrollment
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 42—Public Health > CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER B—MEDICARE PROGRAM > PART 408—PREMIUMS FOR SUPPLEMENTARY MEDICAL INSURANCE > Subpart A—General Provisions

## Text

(a) If it is clear that an individual who applies for social security or railroad retirement benefits and for SMI will be entitled to monthly benefits, the application for monthly benefits is processed simultaneously with the request for SMI enrollment.
(1) If monthly benefits are paid, the SMI premiums are deducted from those benefits.
(2) If monthly benefits are suspended (for instance, because the individual's earnings exceed the maximum allowed by law), the enrollee is billed for direct remittance.
(b) If it is clear that an individual will be entitled to SMI, but there is substantial question as to eligibility for monthly benefits, the request for SMI enrollment is processed separately.
(1) When SMI enrollment is approved, the enrollee is billed for direct remittance.
(2) When the application for monthly benefits is adjudicated, the following rules apply:
(i) If monthly benefits are paid, the SMI premiums are deducted from those benefits, with appropriate adjustments for any premiums already paid by direct remittance.
(ii) If the application for monthly benefits is approved but the benefits are suspended, the grace period is as set forth in § 408.8(a).
(iii) If the application for monthly benefits is denied, the grace period is as set forth in § 408.8(a)(1).
[52 FR 48115, Dec. 18, 1987, as amended at 56 FR 48112, Sept. 24, 1991]

## Nearby sections

- [42 CFR § 408.1 § 408.1 Statutory basis.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.1.md)
- [42 CFR § 408.2 § 408.2 Scope and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.2.md)
- [42 CFR § 408.3 § 408.3 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.3.md)
- [42 CFR § 408.4 § 408.4 Payment obligations.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.4.md)
- [42 CFR § 408.6 § 408.6 Methods and priorities for payment.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.6.md)
- [42 CFR § 408.8 § 408.8 Grace period and termination date.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.8.md)
- [42 CFR § 408.10 § 408.10 Claim for monthly benefits pending concurrently with request for SMI enrollment.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.10.md)
- [42 CFR § 408.20 § 408.20 Monthly premiums.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.20.md)
- [42 CFR § 408.21 § 408.21 Reduction in Medicare Part B premium as an additional benefit under Medicare + Choice plans.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.21.md)
- [42 CFR § 408.22 § 408.22 Increased premiums for late enrollment and for reenrollment.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.22.md)
- [42 CFR § 408.24 § 408.24 Individuals who enrolled or reenrolled before April 1, 1981 or after September 30, 1981.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.24.md)
- [42 CFR § 408.25 § 408.25 Individuals who enrolled or reenrolled between April 1 and September 30, 1981.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.25.md)
- [42 CFR § 408.26 § 408.26 Examples.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.26.md)
- [42 CFR § 408.27 § 408.27 Rounding the monthly premium.](https://www.frixlaw.com/law-library/statutes/ecfr-42-408.27.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-42-408.10. Check the current official text before relying on it. Not legal advice.