I receive disability, my husband works, last year we filed together which we shouldn't have. So is he the only one that has to file?

Also, I am on medicare, because my husband ajusted income was 171,000, they added another 50.00 to take from my check. I tried to explain to them that he was able to take from his 401 on a one time basis, so that made his income higher. Can they do that?

You are correct that HE is the only person that has to file. He can file Married Filing Separately, but claim YOUR exemption since you are NOT filing.

As for whether they can decrease your Medicare by $50, that is a question for an attorney that specializes in Medicare cases.

Just a note: If your disability income is from Social Security and you file separate, the odds are you are going to owe taxes on it (depending on the $ amount). If that is true, I do not believe your husband will be able to claim you. If the disability is from another nontaxable policy then I agree with Atlanta.

As far as the Medicare issue - Here is what Social Security says:

If you file your taxes as “married, filing jointly” and your MAGI is greater than $170,000, you need to pay higher premiums for your Part B and Medicare prescription drug coverage. If you file your taxes using a different status and your MAGI is greater than $85,000, you also need to pay higher premiums. (See the chart on pages 8-9 for an idea of what you can expect to pay.)

Probably the best advice for the 2012 tax return is to get professional help in preparing the return.