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icare Question(S), and settlement - harley - 12-08-2008

[/b][/i][i][b] Helleo everyone, I have a few questions to ask and maybe someone out there can help me in the correct answers.
I live in the State of Illinois and I saw my WC Attorney last week.We discussed my WC Case. One of the items we spoke about was the settlement and of cours the magic answer, SETTLEMENT MONEY AND MEDICAL BILLS.
MY Attorney informed me that the other side insurance company is responsible for any future medical bills that may incure , due to this stimulator in my back. Of course the other side will fight it and might appeal the WC decision.
You see, I am also on Medicare and of course Medicare will want the other side to pay for any procedures, operations, Dr visit's ,etc. And that they will want a "BLANKET COVERAGE" on me.
With this in mind, I asked My Attorney if I could contact Medicare and ask them to remove the other side from any future medical bills, pertaining to my device I have in my back which is a spinal cord stimulator. As, I will have my own Insurance pay for the procedure.
I was told by My Attorney that yes, I could contact Medicare and talk to them by removing the other Insurance Company form any future medical bills.
I know I am taking a big risk by doing this, but you have to understand, I am broke, about to lose my home, no food on the table for my family, medical bills out the wazoo, vehicle(S) need repaired and a life to live. I have to do what I have to do. I was brought up by a old time RED NECK FARMER, who tought me that I am responsible for my own self and I don't ask strangers for a hand out.
I have just turned 50, a former Law Enforcement Officer and Acting Chief of Police, so I don't have to tell you what I have seen or done, I can say use your own thoughts of what is out there.
Since I have this Stimulator in my back and 3 operations with a fused lower back, my Attorney says that the settlement will depend on the other sides Attorney, my Attorney trying to settle with him/her and the WC Comission Attorney and last but not least Medicare.
We are moving to Florida in late Feb-early March 2009, I am trying to better myself, for myself and my Family. I will be going to school once again. I have found that The State of Illinois Department of REHab will help somewhat, but Social Security won't pay a dime.
Man, this stinks. The Banking Industry can get billions, the Car Industry can get Billions, foreign aid is in the trillions and the richer get richer , while the poorer get slamed dunked into the carpet.

All I want is for this to be over with , my medical bills paid and removed from collections, Medicare to agree with removing the other side from future cost(S) and a big payday for me.

By the way, for those bikers out there, I have attached some pictures of what I can do, I built thses bikes and I think I did a good job. I did all of the work myself.


RE: Medicare Question(S), and settlement - Timothy Belt - 12-08-2008

Not to rain on your parade, but I would be amazed if Medicare goes along with this. There is a federal statute called the Secondary Payer Act that specifically requires insurance carriers such as WC make payment for medical bills related to the work injury and that monies be set aside out of any settlement of future medical to cover medical bills that would otherwise be payable by Medicare. In fact, since you are a Medicare recipient, pre-approval from Medicare of a set-aside amount would be required before you can settle future medical.


RE: icare Question(S), and settlement - RNvic - 12-10-2008

also along with what Tim said, medicare will reduce your check as long as workmans comp is paying, you will be able to draw between the two to 80% of your wages.


RE: icare Question(S), and settlement - Manley2 - 12-10-2008

I would not be looking at a big payday as you put it. Injured workers don't normally get a big payday in the end. Not when you look at all you lose. I've lost out on over $90,000 in possible income in the last three years already and will never get it back.


RE: icare Question(S), and settlement - 1171 - 12-11-2008

workers comp is not like other insurance.
it's "no fault" and it's designed to have both the employer and the worker share the cost.