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Should I settle...they are pushing since last summer!
#21
If you can find another lawyer that is willing to take on your claim, the 2 lawyers would split the monies at the end of your claim, based on the % of work each did on it. Their amounts, just like your award would have to be approved by a WC judge before any checks are cut.

Angel ^j^
I've always been crazy, but it keeps me from going insane.
************
Happiness comes through doors you didn't even know you left open
 
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#22
(03-30-2012, 09:03 PM)UndercovrAngel Wrote: If you can find another lawyer that is willing to take on your claim, the 2 lawyers would split the monies at the end of your claim, based on the % of work each did on it. Their amounts, just like your award would have to be approved by a WC judge before any checks are cut.

Angel ^j^

So it will cost me the same amount no matter what I do?
 
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#23
(03-30-2012, 09:58 PM)FrankenNeck Wrote:
(03-30-2012, 09:03 PM)UndercovrAngel Wrote: If you can find another lawyer that is willing to take on your claim, the 2 lawyers would split the monies at the end of your claim, based on the % of work each did on it. Their amounts, just like your award would have to be approved by a WC judge before any checks are cut.

Angel ^j^

So it will cost me the same amount no matter what I do?

Yes, the same% just split between them. Thats what i dont like they get half the money so theyll probably do half the work. Ive been thinking about it too, but not sure
 
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#24
(03-31-2012, 07:50 AM)jayc123 Wrote:
(03-30-2012, 09:58 PM)FrankenNeck Wrote:
(03-30-2012, 09:03 PM)UndercovrAngel Wrote: If you can find another lawyer that is willing to take on your claim, the 2 lawyers would split the monies at the end of your claim, based on the % of work each did on it. Their amounts, just like your award would have to be approved by a WC judge before any checks are cut.

Angel ^j^

So it will cost me the same amount no matter what I do?

Yes, the same% just split between them. Thats what i dont like they get half the money so theyll probably do half the work. Ive been thinking about it too, but not sure

Thanks for the info....has anybody had mid and lower back pain from a cervical fusion...they keep telling me that's not from my neck but it never hurt like this before....
 
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#25
(03-30-2012, 10:40 AM)jayne Wrote: okay here is the number one big reason your lawyer wants you to settle now without SSDI and a medicare setaside.he gets a % of your medical money.... you get a medicare setaside he doesnt. You dont get to spend it on a trip to Paris either understand only medical bills and needs so you are limited on how you can spend that money but it is there for your medical needs.

Not trying to argue but your Attorney can get money from a Medicare setaside. He cannot take it directly from the MSA but he can collect it from your Indemnity settlement.

For instance you settle for a Indemnity of $100k and a MSA of $100k. Lets use 20% as the Attorney fees.
He would get $20k from your Indemnity and $20k from your Indemnity for the MSA. Your settlement to your Attorney is actually $200k.

I had my Attorney agree in writing he would not take 20% of my MSA from my Indemnity; This saved me right at $40k which was a Godsend.

Now I guess it is possible your state does not allow this but I would be shocked. Attorney's can screw you blind and you not know this until settlement day when he surprises you.

Remember, Attorney's get 20% of your TOTAL RECOVERY. Your MSA is part of your recovery. He cannot take pay from the MSA but he can take it from your Indemnity.

From CMS website:

Fees -One-time and recurrent administrative fees/expenses for administration of the Medicare Set-aside arrangement and/or attorney costs specifically associated with establishing the Medicare Set-aside arrangement cannot be charged to the set-aside arrangement. The payment of these costs must come from some other payment source that is completely separate from the Medicare Set-aside arrangement funds.http://search.cms.hhs.gov/search?q=c...ntend&oe=UTF-8

 
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#26
I guess you could be right its all in the wording of the contract....
........I love cats, I just cant eat a whole one by myself......







 
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#27
Finally my lawyer gets it....called yesterday and said how are you feeling...I said hurting and the injections are wearing off. He said I will cancel the mediation and get your surgeries pushed through....duh we could have done this weeks ago. Now I wait for a date!
 
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#28
wow you speak to your ACTUAL attorney, ive yet to do that in 8 1/2 months! never once talked to him, im feeling screwed again
 
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#29
MSA approves ALL attorney fees before signing off on the settlement. I was informed that atty.'s can NOT get the add't 20% for the MSA, because Medicare will not sign off on it?

As a matter of fact, a guy that I know atty's took an additional $10K of his indeminity for the setaside, after Medicare did not "approve" the atty's fees for the MSA account, and Medicare made the atty. re-turn the money back to the client or prosecution was headed in his direction. LOL

It really is a good thing to have Medicare finalize the numbers.
 
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#30
Medicare only has authority over the MSA portion; the state comp laws control settlement approvals and atty fees.
of course, if CMS/medicare does not approve the MSA then that could influence the state settlement approval; but it's not legally required that the CMS and state comp board agree.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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