WC wanting me to sign medicare release

[Bummer Knees]

I received a letter from my attorney's office today, the insurance company sent forms for me to sign with CMS so they can figure an amount for a medical set-aside.

Had a hearing last week requesting treatment for the back, and arm, and at this time we wait for the judge's decision.

The attorney for the insurance company tried to settle a few minutes before the hearing with closed medical. I've had 3 knee surgeries, including a total knee replacement.

I told my attorney no, I will only settle after the judge makes a decision and hopefully grants medical treatment.

I do feel signing this form is premature.

[Bad Boy Bad Boy]

Well, if you feel signing this form is premature, then don't sign it. But, if you haven't added all the add-ons to the case, it be best it get done soon, or they wont be part of the case.

[Bummer Knees]

Bad Boy the hearing was over a year ago to add the arm, 07 to add the back, went back to court last week to try and force a decision.

Between the judge having lost my file, then the judge going on medical leave, delays have kept a decision from being made.

My attorney has not agreed to a settlement, this was confirmed by a phone call today. The insurance company wants to close the case and not give the judge a chance to make a decision.

[Bad Boy Bad Boy]

In my opinion, don't you think signing of the forms is a good thing, for their trying to set-up CMS (medicare set-aside funds) as you rejected the closing of medical that they asked for?

[freebird]

You should look at the MSA proposal toi see if it is done correctly before it is sent to CMS for approval.

The IC will try to slide a low MSA proposal past CMS. This will cause you to go on medicare prematurely and you will be out of pocket money wise.

You should tell your Attorney that you want to look at the MSA proposal to see if it is funded correctly before it is sent to CMS. After approval by ALL PARTIES then send it to CMS for there screening and approval.

The IC does not care if Medicare gets screwed; All they want to do is slide a low figure by CMS then burden Medicare and YOU with the bills in the future.

[Bummer Knees]

Bad Boy

I think freebird pretty much listed my concerns.

Another is, if the judge return the decision adding the arm & back to the claim.
And it looks like I may need a replacement of the other knee, but I need to see a surgeon to findout what is going on with that knee. My medical treatment is not finished.

Having the MSA done at this time is for the knees only, that is why I say the MSA is premature.

[1171]

without the release there will be no offer to buyout the claim including the medical care should it be awarded.

[Bad Boy Bad Boy]

Bummer, have all your injured body parts been addwd on as of today? I remember you started with 1 knee, then the other knee, then the back, then carpal tunnel of 1 or 2 hands. Is all this added on, or our you still waiting on this.

And your correct, as the IC will only make a MSA as to what is said to be covered body parts. I don't think they would try and cover parts not listed in your case which then makes sense on their part.

As Freebird has said, their attorney and the IC attorney had an aggreement issue on the MSA. Other than that, the Judge or hearing officer is going to allow what is approved otherwise. You, your attorney, and the IC attorney don't have such an aggreement on this MSA.

But, to be honest with you. If you do as Freebird stated, (which is a good idea) is how will you ever know, if the MSA amount is correct or not? If you don't have a Medical Specialist outline the cost of any and all future medical cost, surgeries, or medications. How will you ever know if the MSA is correct. So, if Freebird answer your questions, then I hope you understand there is way, way more to this MSA then just what Freebird has stated to you.

[Bummer Knees]

Bad Boy both knees have been approved.

We wait on the judges decision on the back & carpal tunnel of the right arm.
Both IME reports are in my favor.

After reading your post months ago I told my attorney I do not care it the arm is added. My attorney pushed on adding the right arm, he said there is enough medical evidence to support adding the arm.

He also wanted to add the left arm and ankle, I said no to this and held my ground.

I will sign and deliver the release papers to the attorney's office next week.

[Bad Boy Bad Boy]

Bummer, then you need to demand a Medical Specialist outline the cost of any and all future medical cost, surgeries, or medications.