Early withdrawl from 401(K)

Jen said...

Hello,
This is a great service! I hope this is the right way to post a question. I have a question about 401(k) early withdrawals. i know that there is an exemption to the fees for extraordinary medical expenses. Well, I incurred said medical expenses (and claimed them on my taxes) in 2009. I didn't learn that there was an exemption to the penalties for medical expenses until recently. Can i take the money out without paying the penalties now, in 2010? Should I do an amended return?
Oh, and I am no longer working for that employer so that part is not a problem.
Thank you in advance!