09-19-2012, 06:11 PM
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.
Thank you.
Thread Rating:
MSA and attorney fees
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(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.
(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.
(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?
(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.
(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.
(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.
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