1171 Wrote:no. generally the settlement will be prorated over the entire ssdi period and offset the monthly payment but it depends on exactly how the settlement is worded.
if medicare is an issue they will want a set aside trust acct.

endofmyrope Wrote:Hello fellow Michigander. I recently settled my case after it was disputed in August of 2008. The wording in my paperwork spread the settlement amount out over my remaining life expectancy and was divided by that number of months to come up with a monthly amount. This amount coordinates with SSDI payments for your lifetime. I do not believe that a settlement could be worded to avoid the offset to SSDI. Even though I received a settlement, known as a compromise and release of my claim, the WC carrier never did accept responsibility for the injury.
Medicare's interest should be taken into account if you will be eligible for it in a short time. I believe it is 24 months after initial SSDI approval. The way I understand things in MI it is rare for future medical to be included in a settlement unless there is a catastrophic injury. It is possible that your current insurance could refuse to pay for care once you settle your case. I would not take anyone's word for continued coverage unless it was in writing from the company insuring you. If the Aetna coverage replaced the BCBS they may place a lien on any settlement amount also.
On one hand if you settle you are out from under WC's thumb, a BIG relief!!. On the other, what do you gain if you lose insurance coverage for your injury and have to repay much of the settlement to SSDI and BCBS?
My attorney has an excellent reputation, is known as a "Super Lawyer" and did not bring up some of the above issues unless specifically asked. I second that beware from BBBB. 1171 and BBBB are right on the money with their comments. Your attorney should be informing you of all the ramifications. Best of luck to you.