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settlement with open medical
#1
I'm in NY. My IC offered me a settlement with Medicare set-aside, I rejected it because I was thinking about when Medicare kicks in, Medicare only cover 80% and I have to pay 20% out of my pocket. Few months later, my IC offered me another settlement with open medical. I've heard about other ppl said the IC will disapprove the treatments all the time, here are my questions:
1) If IC disapproved the treatment, who's gonna help me to fight for it? if my lawyer helps me do I need to pay his service fee?
2) If I reject for the settlement, I will go to the court for the Final Classification. After I'm classified, will I get the medical for the rest of my life? and will the IC have the right to disapprove most of the treatments?
3) which option you think is better for me, settlement with Medicare set-aside, settlement with open medical or reject the settlement and go to the final court?
 
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#2
what happens on treatment coverage may depend on how far in the future you anticipate Medicare stepping in.

1) the degree to which your atty will represent you years in the future is unknown. there is no universal answer that applies to every atty.
2) while the court may award you future medical it is not a blank check for any and all treatment. laws regarding allowable care cannot be ignored by comp court.
3) someone familiar with your carrier's past behavior on medical awards and your local comp courts decisions on treatment issues might be in the best position to provide such advice.
neither state comp laws nor federal health insurance laws are fixed in stone and both are likely to change over the foreseeable future.

if you trust your atty, get their advice.
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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#3
P.S. another option: if you accept open med award, you might be able to settle with set aside later.
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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