MSA Roll Call

[1171]

that's not totally true. some states allow the injured worker to make a request for a lump sum payment while keeping the the medical open.
without knowing your state I can't comment on your options.

[capricorn]

1171...right on. I am in PA and my husband settled 3 years ago with open medical. He was sent an estimate that CMS gave about a year ago. Nothing since. Never has a problem with his medical.

[freebird]

1171 Wrote:that's not totally true. some states allow the injured worker to make a request for a lump sum payment while keeping the the medical open.
without knowing your state I can't comment on your options.

Whats not true? I do not understand.

When we settled with the WC Attorney's at mediation, My Attorney had them sign a agreement that we would not settle the lump sum cash settlement until the MSA was approved by ALL parties.
It was also stated that I would continue to recieve ALL my benefits until this was satisfied.
To date, we have not agreed on a MSA proposal to be sent to CMS. I am currently receiving my weekly checks and all my medical is being taken care of.
Its best for me. The IC is bound to the signed contract. I do not receive my lump sum settlement until we agree on the MSA but they continue to pay all my benefits while they prepare MSA proposal.
The reason behind this was to not allow the IC to low ball my MSA proposal without our consent plus this maximizes my cash settlement because I am still getting paid while we wait.
Also, Mt Attorney has agreed to only take his fees from the lump cash settlement meaning all these weekly checks I am currently receiving have no Attorney fees attached to them. Good for me.
I think I have a wise Attorney.
I will get my lump sum upon reaching this agreement plus I am still drawing weekly checks while the IC has put this in "Limbo: for whatever reason.

I do not know my states laws but I am looking at the signed agreement being finalized only when thwe MSA IS APPROVED by all parties and after this approved by CMS.

[1171]

"The only problem I have is I will not recieve a cash settlement until the MSA is approved."

that's not totally true. some states will allow a cash lumpsum payout of the disability portion and leave the future medical contract open. it doesn't have to be all or nothing.
it depends on your state.
in fact just last month NY approved a cashout option rather then only periodic payments.
http://www.insurancejournal.com/news/eas...103435.htm

I don't think you are aware of all your options. what state are you in?
your profile does not show your location.

[freebird]

1171 Wrote:"The only problem I have is I will not recieve a cash settlement until the MSA is approved."

that's not totally true. some states will allow a cash lumpsum payout of the disability portion and leave the future medical contract open.
it depends on your state.

This how My Attorney had the agreement written up to keep the IC from low balling my MSA. I have edited my above comment

[1171]

others read these posts and i want to make sure they get the correct information whether it applies to you or not.

P.S. what's good for your atty may not be for you. sorry to disturb your peace of mind; you are happy with the deal you got so i won't offer any more.

[freebird]

1171 Wrote:others read these posts and i want to make sure they get the correct information whether it applies to you or not.

P.S. what's good for your atty may not be for you. sorry to disturb your peace of mind; you are happy with the deal you got so i won't offer any more.

My State is Louisiana, I am content with the settlement as it stands.
I do not know why the IC has not come back with a 2nd MSA proposal but as long as they continue to pay me weekly and my medical benefits, I am content.
No one evers feel they "got enough" at settlement but I agreed to it.

I was trying to see how many IW's actually have a MSA.
I have only found one person on another forum who has settled with a MSA as part of his settlement..
I would like to know the "ins and outs" of self administrating a MSA.
Its hard to find someone who actually has settled and has a Medicare setaside.
Thanks a million and your input is always valued.

[1171]

Louisianna is a difficult state to get detailed work comp information on. I don't believe there is another option which will allow you a lump sum settlement and still leave your future medical covered.
some states have it and it's rarely used as the atty fees are lower.
be well

[freebird]

1171 Wrote:Louisianna is a difficult state to get detailed work comp information on. I don't believe there is another option which will allow you a lump sum settlement and still leave your future medical covered.
some states have it and it's rarely used as the atty fees are lower.
be well

Honestly, I do not know myself. Open Medical has not been discussed. My Attorney and I did not approve of the 1st MSA proposal and showed where they left obvious medical and prescription drug future medical off. We are waiting on there next revised proposal.
This is a one shot deal and I do not want to be "low balled" on obvious things left out of the 1st proposal. They were at least $90000 dollars low over 30 years and thats a conservative figure.
When the MSA proposal is reworked and approved by all parties, It will be sent to CMS for approval.
After this, I should recieve the lump sum agreed upon and the MSA will be put into action self administered by me.