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Can AA or IW call MSA provider
#1
Would a MSA provider, contracted by the Defense Attorney/Insurance Company provide my AA or the Injured Worker the following information. Has the MSA been prepared if so when was it sent out?
Can the Injured Worker or the Attorney call for status of MSA or must they go through the Defense Attorney? Can this company provide this information to the Injured Worker or AA, not the details, but when they completed the MSA and when they sent it out? Since the MSA is not going through CMS, MSA <20K, I am assuming after 3 months, this MSA was done and sent in July 2012.
 
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#2
I am in the same situation as your are currently with a MSA. Once the MSA is written up, a copy should be provided to you or your Attorney is you have legal representation. Before it is actually accepted it probably will require your signature. I would think be patient....and wait.....My claim of 12 years have moved towards a settlement process. A large MSA is being proposed, the WC Incurance Co has had an outside company work up the MSA, once that company worked it up, they are now haveing a second company look at what the first company worked up...and the other day I had to sign papers for that companys attorneys...they were provided to my attorney for me to sgin and for him to return to them... so there can be a lot of people in the background that we are not aware of... workin on a MSA workup...I am just being paient and when the time comes for me to even see and review the MSA well it will happen... and will take it from there....... Guess I am not trying to rush anyone or anything in the settlement.....It will all happen within time... as right now we are 10 months in the process. and have no idea when the end will come......
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
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#3
(09-08-2012, 11:41 PM)Cervical_Fusion Wrote: I am in the same situation as your are currently with a MSA. Once the MSA is written up, a copy should be provided to you or your Attorney is you have legal representation. Before it is actually accepted it probably will require your signature. I would think be patient....and wait.....My claim of 12 years have moved towards a settlement process. A large MSA is being proposed, the WC Incurance Co has had an outside company work up the MSA, once that company worked it up, they are now haveing a second company look at what the first company worked up...and the other day I had to sign papers for that companys attorneys...they were provided to my attorney for me to sgin and for him to return to them... so there can be a lot of people in the background that we are not aware of... workin on a MSA workup...I am just being paient and when the time comes for me to even see and review the MSA well it will happen... and will take it from there....... Guess I am not trying to rush anyone or anything in the settlement.....It will all happen within time... as right now we are 10 months in the process. and have no idea when the end will come......

Who ordered your MSA, the Defense Attorney or the Insurance Company he represents? I am assuming you have a large MSA that is going through CMS. I hear that takes some time. My MSA is >20K does not require CMS. I was told my experts it take 6-8 weeks to complete, from start to finish. The DA received the MSA, I am assuming in July 2012, then wait. My AA calls for a status, DA says he is waiting for the MSA. That is not true. There should be some time frame as to when things must get done. The MSA can take years since there are no rules. Even when the MSA is done, the DA can sit on it for years, not prepare a C&R to finish a case. That is not right to the Injured Worker, to allow the IC to stall cases for years for no reason.
 
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#4
(09-09-2012, 01:28 AM)casual1 Wrote:
(09-08-2012, 11:41 PM)Cervical_Fusion Wrote: I am in the same situation as your are currently with a MSA. Once the MSA is written up, a copy should be provided to you or your Attorney is you have legal representation. Before it is actually accepted it probably will require your signature. I would think be patient....and wait.....My claim of 12 years have moved towards a settlement process. A large MSA is being proposed, the WC Incurance Co has had an outside company work up the MSA, once that company worked it up, they are now haveing a second company look at what the first company worked up...and the other day I had to sign papers for that companys attorneys...they were provided to my attorney for me to sgin and for him to return to them... so there can be a lot of people in the background that we are not aware of... workin on a MSA workup...I am just being paient and when the time comes for me to even see and review the MSA well it will happen... and will take it from there....... Guess I am not trying to rush anyone or anything in the settlement.....It will all happen within time... as right now we are 10 months in the process. and have no idea when the end will come......

Who ordered your MSA, the Defense Attorney or the Insurance Company he represents? I am assuming you have a large MSA that is going through CMS. I hear that takes some time. My MSA is >20K does not require CMS. I was told my experts it take 6-8 weeks to complete, from start to finish. The DA received the MSA, I am assuming in July 2012, then wait. My AA calls for a status, DA says he is waiting for the MSA. That is not true. There should be some time frame as to when things must get done. The MSA can take years since there are no rules. Even when the MSA is done, the DA can sit on it for years, not prepare a C&R to finish a case. That is not right to the Injured Worker, to allow the IC to stall cases for years for no reason.

there is no legal right to a lump sum buy out in california.
as long as you are receiving benefits there is no stall.
you can represent yourself and take your case to hearing if you don't like your situation.
Reminder :
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THANKS FOR POSTING.
 
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#5
(09-09-2012, 02:01 AM)1171 Wrote:
(09-09-2012, 01:28 AM)casual1 Wrote:
(09-08-2012, 11:41 PM)Cervical_Fusion Wrote: I am in the same situation as your are currently with a MSA. Once the MSA is written up, a copy should be provided to you or your Attorney is you have legal representation. Before it is actually accepted it probably will require your signature. I would think be patient....and wait.....My claim of 12 years have moved towards a settlement process. A large MSA is being proposed, the WC Incurance Co has had an outside company work up the MSA, once that company worked it up, they are now haveing a second company look at what the first company worked up...and the other day I had to sign papers for that companys attorneys...they were provided to my attorney for me to sgin and for him to return to them... so there can be a lot of people in the background that we are not aware of... workin on a MSA workup...I am just being paient and when the time comes for me to even see and review the MSA well it will happen... and will take it from there....... Guess I am not trying to rush anyone or anything in the settlement.....It will all happen within time... as right now we are 10 months in the process. and have no idea when the end will come......

Who ordered your MSA, the Defense Attorney or the Insurance Company he represents? I am assuming you have a large MSA that is going through CMS. I hear that takes some time. My MSA is >20K does not require CMS. I was told my experts it take 6-8 weeks to complete, from start to finish. The DA received the MSA, I am assuming in July 2012, then wait. My AA calls for a status, DA says he is waiting for the MSA. That is not true. There should be some time frame as to when things must get done. The MSA can take years since there are no rules. Even when the MSA is done, the DA can sit on it for years, not prepare a C&R to finish a case. That is not right to the Injured Worker, to allow the IC to stall cases for years for no reason.

there is no legal right to a lump sum buy out in california.
as long as you are receiving benefits there is no stall.
you can represent yourself and take your case to hearing if you don't like your situation.

1171: Is there a law preventing me or anything else to call the MSA provider and ask them when they finished the MSA for my case and when they sent it out to the IC/DA? Can they give me this information over the phone and is it advisable? Can I get a copy of the MSA or is it only for the IC/DA only? If I can find out when the MSA was sent out, my AA can call the DA wanting to know the status. When the DA says he is waiting for the MSA, the AA can tell the DA that it was sent 1 month ago, check his desk. There is no way that a MSA >20K will take 3 months or longer. According to all the experts, it takes 6-8 weeks max, not going through CMS.
I have not received Mileage Reimbursements (6 months late) and it took 4 years to get PD, due in 2006. The AA said to wait for the C&R, it should all be included. DA stated in E-Mail that C&R will be performed when MSA is finished.
 
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#6
Ok, a few things here.

I don't know where you are getting the information concerning an MSA taking only 6-8 weeks. The preparation of an MSA takes about that long. CMS approval on the other hand, can take a year. If the MSA is submitted electronically, it would likely be processed faster, but even still 6-8 weeks is incredibly optimistic. If your settlement is more than $25,000 it requires CMS approval.

If A/A and D/A are talking settlement and have figures in mind, then your attorney should already have the allocation report. That said, you don't have to settle your claim, and the insurance company doesn't have to settle your claim either. If they don't like the C&R terms, they can easily say no. This is completely legal and isn't necessarily stalling.

As as contacting the firm who prepared the MSA, I'm not sure what purpose it would serve. Your attorney should have all of that information.
 
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#7
(09-09-2012, 07:19 PM)Woodlawn Wrote: Ok, a few things here.

I don't know where you are getting the information concerning an MSA taking only 6-8 weeks. The preparation of an MSA takes about that long. CMS approval on the other hand, can take a year. If the MSA is submitted electronically, it would likely be processed faster, but even still 6-8 weeks is incredibly optimistic. If your settlement is more than $25,000 it requires CMS approval.

If A/A and D/A are talking settlement and have figures in mind, then your attorney should already have the allocation report. That said, you don't have to settle your claim, and the insurance company doesn't have to settle your claim either. If they don't like the C&R terms, they can easily say no. This is completely legal and isn't necessarily stalling.

As as contacting the firm who prepared the MSA, I'm not sure what purpose it would serve. Your attorney should have all of that information.

The DA will prepare the C&R once he receives the MSA, based on his E-Mails. Based on your experience, if the MSA is 20K (based on D/A E-Mail) and is not going to CMS (based on D/A E-mail), how long should this simple MSA take? I was told by 3 expert with 30 years experience each that 6-8 weeks, not 13 week, 20 weeks, etc. I believe the MSA is done, sitting on DA's desk. Can my AA get a copy of the MSA by calling the carrier or by talking to the D/A?
What is this allocation report? Is this prepared by the AA. I have not seen one, nor has anyone addressed it. My AA is waiting for this C&R promised by the DA 13 weeks ago. She calls, he says he is waiting for the MSA.
 
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#8
If your settlement is below $25,000 CMS approval is not required, 6-8 weeks for the preparation of the allocation report is reasonable. In fact, they can often be completed sooner. It may well be that the MSA is indeed done and now it is a matter of the D/A getting authority from his client (who may also need your employer's blessing) to proceed with the settlement. Your attorney can, and should already, have a copy. If not, it will come out eventually, probably with the C&R paperwork, whenever that will be.

The allocation report is basically what an MSA is all about. It spells out exactly what the MSA is worth, and provides more or less line by line detail of what something should cost over the course of your lifetime based on what is called a "rated" age. (All that means is your present age, average life expectancy, and factoring in things like diabetes, HTN, heavy medication use, etc. A life insurance company comes up with a number.)

What could also be holding it up is that they are waiting for CMS to confirm they are not going to assert any "conditional liens." That can take awhile.

Otherwise, I'm at a bit of a loss here as to the delay and even the motivation for going after an MSA, other than your being Medicare eligible or on SSDI.
 
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#9
(09-09-2012, 10:37 PM)Woodlawn Wrote: If your settlement is below $25,000 CMS approval is not required, 6-8 weeks for the preparation of the allocation report is reasonable. In fact, they can often be completed sooner. It may well be that the MSA is indeed done and now it is a matter of the D/A getting authority from his client (who may also need your employer's blessing) to proceed with the settlement. Your attorney can, and should already, have a copy. If not, it will come out eventually, probably with the C&R paperwork, whenever that will be.

The allocation report is basically what an MSA is all about. It spells out exactly what the MSA is worth, and provides more or less line by line detail of what something should cost over the course of your lifetime based on what is called a "rated" age. (All that means is your present age, average life expectancy, and factoring in things like diabetes, HTN, heavy medication use, etc. A life insurance company comes up with a number.)

What could also be holding it up is that they are waiting for CMS to confirm they are not going to assert any "conditional liens." That can take awhile.

Otherwise, I'm at a bit of a loss here as to the delay and even the motivation for going after an MSA, other than your being Medicare eligible or on SSDI.

Thank you so much for this information. Im just getting frustrated at a 7 year old case that never seems to end. I thought that when I recieved the QME (June 2011) and AME report in Nov 2011, this would soon be over. No, the D/A insists that the I/C wants a MSA since I was awarded SSDI. So I signed form 01 June, assumed C&R would follow in 5-6 weeks. 14 weeks later, the D/A states he is still waiting for the MSA not going through CMS. According to the experts, the MSA is done, D/A has MSA. My corporation is a multi-billion dollar business, does not care about a 20k settlement of a 7 year old case. They want this over, like I do. I dont know why the DA wont perform the C&R and finish this. We know what the dollar amount is, so why the delay, I dont know.
 
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#10
My employer wants to settle,,so they have turned it all over to their attorneys and their claims management company.. who handles all w/c claims for them...so that is where it was all generated from.
Maybe your msa is being looked at by a second company like my is being done right now.. and maybe it is not ready at this point for it to be presented to your attorney for him and you to review...Just something to think about... when the time is ready you and your attorney will have a copy of it...I have been in this system since 2001 and have 2 separate claims... so I will not rush a thing...so try to be patient and it will eventually evolve if it is meant to happen...
(09-09-2012, 01:28 AM)casual1 Wrote:
(09-08-2012, 11:41 PM)Cervical_Fusion Wrote: I am in the same situation as your are currently with a MSA. Once the MSA is written up, a copy should be provided to you or your Attorney is you have legal representation. Before it is actually accepted it probably will require your signature. I would think be patient....and wait.....My claim of 12 years have moved towards a settlement process. A large MSA is being proposed, the WC Incurance Co has had an outside company work up the MSA, once that company worked it up, they are now haveing a second company look at what the first company worked up...and the other day I had to sign papers for that companys attorneys...they were provided to my attorney for me to sgin and for him to return to them... so there can be a lot of people in the background that we are not aware of... workin on a MSA workup...I am just being paient and when the time comes for me to even see and review the MSA well it will happen... and will take it from there....... Guess I am not trying to rush anyone or anything in the settlement.....It will all happen within time... as right now we are 10 months in the process. and have no idea when the end will come......

Who ordered your MSA, the Defense Attorney or the Insurance Company he represents? I am assuming you have a large MSA that is going through CMS. I hear that takes some time. My MSA is >20K does not require CMS. I was told my experts it take 6-8 weeks to complete, from start to finish. The DA received the MSA, I am assuming in July 2012, then wait. My AA calls for a status, DA says he is waiting for the MSA. That is not true. There should be some time frame as to when things must get done. The MSA can take years since there are no rules. Even when the MSA is done, the DA can sit on it for years, not prepare a C&R to finish a case. That is not right to the Injured Worker, to allow the IC to stall cases for years for no reason.

Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
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