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My Update on settlement
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08-15-2007, 05:53 PM
Post: #1
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Well ,I,am ticked. It looks like no settlement in the near future. I talked to my attorney today and now what a mess. The IC which is my x-employer has accepted that I will settle but they do not like the wording in the settlement papers that my attorney wants. It has to do with Medicare, and if in the future I need surgery that Medicare will not be held responsable for paying the bill. also Medicare has put a lein on my settlement even though nothing was ever billed to them. and the IC can do nothing untill they receive a letter from Medicare stating that I owe them nothing. So we could be looking at 1 to 2 years untill this is all worked out. Do ya believe this????? The games haven't stoped.
Life isn't about waiting for the storm to pass. It's about learning to dance in the rain. |
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08-15-2007, 06:15 PM
Post: #2
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RE: My Update on settlement
im so sorry i would be ticked also but it will be good when you do get it really its just another way for the iw to be screwed
worry changes nothing prayer changes every thing |
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08-15-2007, 06:52 PM
Post: #3
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RE: My Update on settlement
Tuffy...Sorry..but wouldn't you know it. You think your life will be done with all of this...and what do they go and do they decide they love you so much they just can't let you go. I bet you almost threw up when you read all that. But know take a deep breathe...have you talked with your attorney...what did he say? Maybe you should just tell them to drop the whole deal of settlement...and just start over and if they like that idea....I know I'm not in the best of mood to be be of much support when we are talking about IC...Please know we are all here for you so just vent all you need...because I am sure you need to.
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08-15-2007, 06:58 PM
Post: #4
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RE: My Update on settlement
Yes Tuffy, I heard of this before. Medicare is allowed their share in the say so also. But shouldn't take more then 6 months. Your employer and their Attorney's also know this needs to be in there. Your Attorney can take them in to hearing for just the said wording, and it be done with also. Then you just wait on Medicare.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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08-15-2007, 07:29 PM
Post: #5
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RE: My Update on settlement
Oh Tuffy..this is terrible. You were waiting for it all to be over with, and then this. Just today our lawyer talked to us about a Medicare set aside and he told us that Medicare is taking as long as two years to accept workmans compensation settlements that include medicare set asides. I was confused as to why he was telling us because my husband does not have medicare..anyway we got that straightened out. I am so sorry... Red
Be who you are and say what you feel, because those who mind don’t matter and those who matter don’t mind. |
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08-15-2007, 08:34 PM
Post: #6
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RE: My Update on settlement
Tuffy, I'm so sorry to hear of your situation, but I have a suggestion that may Help. Ask your attorney if He can convince either the i/c, or a w/c Judge if one is involved to give you an Advance on your settlement. I have heard of it happening before, and I've even heard of the Attorney's Firm sometimes advancing and only charging a small percentage. I agree with Bad Boy, it shouldn't take more than 6 mos., but if you need Money now that may work. I Wish You the Best, and Hope everything goes Well!!
Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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08-15-2007, 10:27 PM
Post: #7
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RE: My Update on settlement
Thanks everyone for your feed back, It was my attorney that gave me the news, I asked about an advance on my settlement and my attorney said his firm would get in trouble with the state if they gave me such. Also the papers can not be drawn up untill all is cleared by Medicare and he said there are three depts that deal with those issues. I do not owe Medicare anything but untill they send a letter to my attorney clearing me, we can not move forward with the settlement. Nuts huh!!!!
Life isn't about waiting for the storm to pass. It's about learning to dance in the rain. |
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08-15-2007, 10:56 PM
Post: #8
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RE: My Update on settlement
Red, I had just turned 65 plus 4 months and started receiving my retirement SS in Feb of 05, but I only signed up for part A as I was still working full time and had my health insurence through work, then was reinjured in April 05. because WC denied my claim I used my own ins for treatment. then when terminated and my ins was cancelled I applied for medicare part B, buy that time I was placed MMI by my Dr and filed for unemployment, so medicare never did pay any of my bills for my injury. This is just one of those flukes and I got caught in the middle. My x-employer is self insured and so there attorneys are the ones that do not want to agree with my attorney as to the wording of my settlement papers, My attorney is only trying to protect me in case I need further treatment down the road and Medicare will not cover the bills because it is initially a WC claim. He wants it written in the settlement agreement that Medicare will cover before we settle and the other attorneys are against the wording or some dumb thing like that. So I guess we just play the game and wait for medicare to clear it up. Am I making sense?????
Life isn't about waiting for the storm to pass. It's about learning to dance in the rain. |
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08-15-2007, 11:15 PM
Post: #9
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RE: My Update on settlement
Tuffy...you are making a lot of sense...but they are not. Don't they ever stop to thing that there are people behind all those numbers. Today I just do not get it.. Red
Be who you are and say what you feel, because those who mind don’t matter and those who matter don’t mind. |
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08-15-2007, 11:27 PM
Post: #10
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RE: My Update on settlement
Red, Those attorneys are just lucky they are not my pts, a 3H would be an order LOL
Life isn't about waiting for the storm to pass. It's about learning to dance in the rain. |
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Well ,I,am ticked. It looks like no settlement in the near future. I talked to my attorney today and now what a mess. The IC which is my x-employer has accepted that I will settle but they do not like the wording in the settlement papers that my attorney wants. It has to do with Medicare, and if in the future I need surgery that Medicare will not be held responsable for paying the bill. also Medicare has put a lein on my settlement even though nothing was ever billed to them. and the IC can do nothing untill they receive a letter from Medicare stating that I owe them nothing. So we could be looking at 1 to 2 years untill this is all worked out. Do ya believe this????? The games haven't stoped.



