Social Security officials say a quadriplegic who won a seat in the Legislature has been warned he could lose his medical benefits if he takes his newly won seat and begins drawing expense reimbursements. Bill Boharski, a Kalispell Republican, defeated Democrat Gordon Hall in November, to win his first term in the Montana House. But after drawing expense reimbursements for attending legislative caucuses in November, Boharski said he was notified the reimbursements were ``unearned income'' that would make him ineligible for continued medical benefits under Medicare and Medicaid. And Boharski, who is paralyzed from injuries he suffered in an automobile accident five years ago, says he can't afford to lose the money. He estimates his medical expenses at $15,000 a year. ``That put me in a position where I had to seriously consider whether or not I had to resign my position,'' the 27-year-old legislator-elect said. ``That amount of medical bills isn't something you can just pay.'' Boharski said the situation is not desperate because state and federal officials are trying to help. Legislative leaders say they're considering a change in state compensation law to redefine the reimbursements, and Boharski said Social Security has advised him the case is under review. Boharski also said he will ask Congress for help if need be. Montana legislators earn $52.13 for each working day in the session plus $50 a day during the session as reimbursement for living expenses in Helena. The 1989 session begins Monday. It's the expense reimbursement that concerns Social Security Administration officials. Mark Fredenberg, operations supervisor for the agency's Kalispell office, said that under federal law, the expense allowances are considered unearned income. Social Security disability benefits are reduced by the amount of unearned income over $20 that a person receives, he said. And a person who loses eligibility for those payments because of unearned income also loses eligibility for medical coverage, he said. Most people receiving disability payments don't work or don't travel to work, Fredenberg noted, saying a situation such as Boharski's arises ``very, very seldom.'' Boharski said he checked into the federal regulations before he filed for office last spring. He said he was told then he would qualify for continued medical benefits if elected, under a program that allows people to continue receiving medical coverage even if they are working. Boharski said Social Security officials have since told him he should be able to continue receiving his medical benefits. But, he said, he hasn't yet received written verification. Fredenberg said he could not comment directly on Boharski's case because of federal privacy laws. Boharski said if legislation at the state level doesn't resolve the problem, he will try to have changes made at the federal level so he can retain his legislative seat. ``I'm counting on staying,'' he said. ``Anyone who knows me knows I don't quit that easy.''
