[casual1]

Is there a new 2012 case that allows Attorneys to charge 15% fee on Medicare Set Asides (MSA's)? If so, please provide this case.
Thank you.

[lucky]

(09-19-2012, 06:11 PM)casual1 Wrote: Is there a new 2012 case that allows Attorneys to charge 15% fee on Medicare Set Asides (MSA's)? If so, please provide this case.
Thank you.

Attorneys can charge for the MSA BUT the money comes out of your indemnity pay out.

For instance $40000 Indemnity at 20% attorney fee is $8000 dollars

A MSA is $40000; 20% of your MSA is $8000 so your Indemnity check will be $40000 - $8000 Indemnity - $8000 from MSA = $24000 Indemnity pay. You will also pay office fees.

The Attorney's charge can not reduce the MSA but he can get it out of the indemnity.

I negotiated with my Attorney and I did not get charged for my NSA which saved me $30000 in Attorney fees.

It is possible that states are different but this was my outcome in Louisiana

[1171]

(09-19-2012, 06:11 PM)casual1 Wrote: Is there a new 2012 case that allows Attorneys to charge 15% fee on Medicare Set Asides (MSA's)? If so, please provide this case.
Thank you.

depends on your state.
Not all cases are published.

you should update your profile with your state if you are going to post regularly.

[casual1]

My State is California. I dont understand why an AA would get fees on an Injured Workers future medical care (MSA) on a C&R. The AA has nothing to do with the MSA, its performed and paid for by the Insurance Company. No work is required on a MSA, expecially in my case with a low MSA total of under 20K. I need this money for future medical treatment, surgery. Will the Judge decide fees after the C&R form is approved? Would the attorneys fees be in the C&R, or left blank for the AA to fill in? Who has control over the fees? Are they a set rate in California, or does a Judge decide at the end of case?

[casual1]

My State is California. I dont understand why an AA would get fees on an Injured Workers future medical care (MSA) on a C&R. The AA has nothing to do with the MSA, its performed and paid for by the Insurance Company. No work is required on a MSA, expecially in my case with a low MSA total of under 20K. I need this money for future medical treatment, surgery. Will the Judge decide fees after the C&R form is approved? Would the attorneys fees be in the C&R, or left blank for the AA to fill in? Who has control over the fees? Are they a set rate in California, or does a Judge decide at the end of case?

[lucky]

(09-19-2012, 08:03 PM)casual1 Wrote: My State is California. I dont understand why an AA would get fees on an Injured Workers future medical care (MSA) on a C&R. The AA has nothing to do with the MSA, its performed and paid for by the Insurance Company. No work is required on a MSA, expecially in my case with a low MSA total of under 20K. I need this money for future medical treatment, surgery. Will the Judge decide fees after the C&R form is approved? Would the attorneys fees be in the C&R, or left blank for the AA to fill in? Who has control over the fees? Are they a set rate in California, or does a Judge decide at the end of case?

In Louisiana, The Attorney would get his percentage from the MSA from the indemnity pay out. It does suck but Attorneys generally know the laws of there state.

I am assuming you already know he will get a % of MSA. Many do not understand this but it is what it is.

My Attorney fought hard to get my final MSA number. Even though he took nothing from the MSA, He had my MSA increased by 30K. I actually had my Attorney sign a waiver that he would not take 20% from my MSA; I would not accept the Indemnity unless he had it increased. In Louisiana, everything is negotiable. We had a 8 hour mediation to come to terms on my settlement.

[casual1]

(09-20-2012, 07:42 AM)lucky Wrote:

(09-19-2012, 08:03 PM)casual1 Wrote: My State is California. I dont understand why an AA would get fees on an Injured Workers future medical care (MSA) on a C&R. The AA has nothing to do with the MSA, its performed and paid for by the Insurance Company. No work is required on a MSA, expecially in my case with a low MSA total of under 20K. I need this money for future medical treatment, surgery. Will the Judge decide fees after the C&R form is approved? Would the attorneys fees be in the C&R, or left blank for the AA to fill in? Who has control over the fees? Are they a set rate in California, or does a Judge decide at the end of case?

In Louisiana, The Attorney would get his percentage from the MSA from the indemnity pay out. It does suck but Attorneys generally know the laws of there state.

I am assuming you already know he will get a % of MSA. Many do not understand this but it is what it is.

My Attorney fought hard to get my final MSA number. Even though he took nothing from the MSA, He had my MSA increased by 30K. I actually had my Attorney sign a waiver that he would not take 20% from my MSA; I would not accept the Indemnity unless he had it increased. In Louisiana, everything is negotiable. We had a 8 hour mediation to come to terms on my settlement.

Hello Lucky. My attorney did not receive the MSA, only the C&R. I would like to see the MSA to see if the C&R agrees with this total. I was told by AA that she gets 15% of the total settlement number. The total settlement number already includes her fees so Im confused. Here in California, the fee is noramlly 9-12%. I guess the judge decides the fee. If the fee is lower, do I get the difference in my settlement? There was no fight to increase the MSA or the C&R. I have no idea what this is worth since I never received a dollar total from the AA.

[lucky]

[/quote]

Hello Lucky. My attorney did not receive the MSA, only the C&R. I would like to see the MSA to see if the C&R agrees with this total. I was told by AA that she gets 15% of the total settlement number. The total settlement number already includes her fees so Im confused. Here in California, the fee is noramlly 9-12%. I guess the judge decides the fee. If the fee is lower, do I get the difference in my settlement? There was no fight to increase the MSA or the C&R. I have no idea what this is worth since I never received a dollar total from the AA.
[/quote]

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(09-20-2012, 11:51 AM)casual1 Wrote:

(09-20-2012, 07:42 AM)lucky Wrote:

(09-19-2012, 08:03 PM)casual1 Wrote: My State is California. I dont understand why an AA would get fees on an Injured Workers future medical care (MSA) on a C&R. The AA has nothing to do with the MSA, its performed and paid for by the Insurance Company. No work is required on a MSA, expecially in my case with a low MSA total of under 20K. I need this money for future medical treatment, surgery. Will the Judge decide fees after the C&R form is approved? Would the attorneys fees be in the C&R, or left blank for the AA to fill in? Who has control over the fees? Are they a set rate in California, or does a Judge decide at the end of case?

In Louisiana, The Attorney would get his percentage from the MSA from the indemnity pay out. It does suck but Attorneys generally know the laws of there state.

I am assuming you already know he will get a % of MSA. Many do not understand this but it is what it is.

My Attorney fought hard to get my final MSA number. Even though he took nothing from the MSA, He had my MSA increased by 30K. I actually had my Attorney sign a waiver that he would not take 20% from my MSA; I would not accept the Indemnity unless he had it increased. In Louisiana, everything is negotiable. We had a 8 hour mediation to come to terms on my settlement.

Hello Lucky. My attorney did not receive the MSA, only the C&R. I would like to see the MSA to see if the C&R agrees with this total. I was told by AA that she gets 15% of the total settlement number. The total settlement number already includes her fees so Im confused. Here in California, the fee is noramlly 9-12%. I guess the judge decides the fee. If the fee is lower, do I get the difference in my settlement? There was no fight to increase the MSA or the C&R. I have no idea what this is worth since I never received a dollar total from the AA.

My Attorney would not sign the C&R until we had a chance to look at the MSA. My MSA was built buy a 3rd party Vendor Gould and Lamb based on my last 2-3 years of Medical needs and future needs. We rejected the 1st MSA proposal because they "low balled it" big time.They WILL LOW BALL the MSA and you will pay out of pocket at least the deductibles on your primary insurance.

In Louisiana, the fee a Attorney gets is 20% and this is set in stone. My Attorney fees was $900 dollars on a $400k C&R settlement.

The Judge in my state reviewed signed the final C&R papers.

Rules are different in all states. Ask your Attorney questions; He works for you.

[casual1]

Hello Lucky. My attorney did not receive the MSA, only the C&R. I would like to see the MSA to see if the C&R agrees with this total. I was told by AA that she gets 15% of the total settlement number. The total settlement number already includes her fees so Im confused. Here in California, the fee is noramlly 9-12%. I guess the judge decides the fee. If the fee is lower, do I get the difference in my settlement? There was no fight to increase the MSA or the C&R. I have no idea what this is worth since I never received a dollar total from the AA.
[/quote]
I just received a copy of the MSA on my second request from AA. The MSA was given to be after the C&R. The MSA was performed 06 July 2012, 8 weeks after I signed SS documents. The DA told my AA in July, Aug and Sept that he was waiting for the MSA to then do the C&R. C&R was done 18 Sept, 2 1/2 months later. The C&R does not have Mileage Reimbursement plus late fees, nor the PD late payments that were due in 2008. If I sign the C&R without this and the Judge signs C&R, is it over, cant get late payments or Mileage Reimbursement?

---

(09-20-2012, 11:51 AM)casual1 Wrote:

(09-20-2012, 07:42 AM)lucky Wrote:

(09-19-2012, 08:03 PM)casual1 Wrote: My State is California. I dont understand why an AA would get fees on an Injured Workers future medical care (MSA) on a C&R. The AA has nothing to do with the MSA, its performed and paid for by the Insurance Company. No work is required on a MSA, expecially in my case with a low MSA total of under 20K. I need this money for future medical treatment, surgery. Will the Judge decide fees after the C&R form is approved? Would the attorneys fees be in the C&R, or left blank for the AA to fill in? Who has control over the fees? Are they a set rate in California, or does a Judge decide at the end of case?

In Louisiana, The Attorney would get his percentage from the MSA from the indemnity pay out. It does suck but Attorneys generally know the laws of there state.

I am assuming you already know he will get a % of MSA. Many do not understand this but it is what it is.

My Attorney fought hard to get my final MSA number. Even though he took nothing from the MSA, He had my MSA increased by 30K. I actually had my Attorney sign a waiver that he would not take 20% from my MSA; I would not accept the Indemnity unless he had it increased. In Louisiana, everything is negotiable. We had a 8 hour mediation to come to terms on my settlement.

Hello Lucky. My attorney did not receive the MSA, only the C&R. I would like to see the MSA to see if the C&R agrees with this total. I was told by AA that she gets 15% of the total settlement number. The total settlement number already includes her fees so Im confused. Here in California, the fee is noramlly 9-12%. I guess the judge decides the fee. If the fee is lower, do I get the difference in my settlement? There was no fight to increase the MSA or the C&R. I have no idea what this is worth since I never received a dollar total from the AA.

My Attorney would not sign the C&R until we had a chance to look at the MSA. My MSA was built buy a 3rd party Vendor Gould and Lamb based on my last 2-3 years of Medical needs and future needs. We rejected the 1st MSA proposal because they "low balled it" big time.They WILL LOW BALL the MSA and you will pay out of pocket at least the deductibles on your primary insurance.

In Louisiana, the fee a Attorney gets is 20% and this is set in stone. My Attorney fees was $900 dollars on a $400k C&R settlement.

The Judge in my state reviewed signed the final C&R papers.

Rules are different in all states. Ask your Attorney questions; He works for you.























[/quote]

[InjuredOne]

(09-19-2012, 08:03 PM)casual1 Wrote: My State is California.  I dont understand why an AA would get fees on an Injured Workers future medical care (MSA) on a C&R.  The AA has nothing to do with the MSA, its performed and paid for by the Insurance Company.  No work is required on a MSA, expecially in my case with a low MSA total of under 20K.  I need this money for future medical treatment, surgery.  Will the Judge decide fees after the C&R form is approved?  Would the attorneys fees be in the C&R, or left blank for the AA to fill in?  Who has control over the fees?  Are they a set rate in California, or does a Judge decide at the end of case?

casual1 -  (and anyone else interested in this topic):
You wrote: "The AA has nothing to do with the MSA, its performed and paid for by the Insurance Company.  No work is required on a MSA"

Your assumption is incorrect - Increasingly, MSAs are used by insurance companies as an adversarial means of reducing what they pay when settling an injured worker's future medical care.  If an injured worker's attorney is paying attention, he/she should carefully review the MSA, and if need be challenge it during settlement negotiations.  That can take a lot attorney time and effort.