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need help on letter from attorney! - Printable Version

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need help on letter from attorney! - Treeburn - 08-21-2013

PLEASE advise! I am getting close to the settlement phase and this is what my attorney sent me. Is it correct that SSDI has to approve my medical? Here is the letter.
" Because you are currently receiving SSD any C&R settlement has to be approved by Social Security which means that there will be an analysis of the future medical care that will be needed and then a $$ amount put on that analysis."

This does not seem fair to me. I should NOT be penalized for being so injured that I am getting SSDI. I have had other legal issues with my attorney. PLEASE someone tell me if this is correct. Now i am all worried about long delays!




RE: need help on letter from attorney! - 1171 - 08-21-2013

in order to keep medicare eligible workers from pocketing their medical treatment portion of their settlement and then relying on medicare for treatment of their work injury, medicare requires a certain portion of a work comp buyout be put into a set aside account to pay for future medical treatment of their work injury.
this only applies in cases where future treatment is included in the settlement.

you are not being penalized; medicare is being protected.

more here
http://www.cms.gov/Medicare/Coordination-of-Benefits/Workers-Compensation-Medicare-Set-Aside-Arrangements/WCMSAP-Overview.html

if you don't trust the advice and information of your atty you should consider switching; there is a single fee shared among all attys.


RE: need help on letter from attorney! - jayne - 08-21-2013

Yeppers he is right medicare is protecting its back, the money is yours but it must be kept in a bank account separate for use for your meds or medical care only