[tbear6410]

Is there any way you can email me?  Really need to ask you a question.... Thanks

[1171]

tibecudrom@memsg.site
This addy will delete in 48 hrs.

[tbear6410]

sent.... thanks

[1171]

Would you like me to post my response here?

[tbear6410]

Sorry... just got up... either here or email... which ever one is easier for you..

[1171]

In previous posts i’ve given a couple links that explain that Medicare does not mandate or require a set aside agreement. If i remember correctly from your earlier posts your atty told you that’s “not how it works”. I can find no reference in NY rules or regs that wold require an MSA. If your atty will not move ahead with a settlement without an MSA, then i can see little alternative for you but to go thru with it.
You should be aware that periodically you can ask CMS to review the set aside amount and release any funds that can be considered excessive or unnecessary.
You should also be aware that once there is a settlement work comp will no longer be able to review and/ or deny A treatment request. Depending on how the MSA is structured you could control what its used for.
I have also previously posted links to the CMS set aside site. You should review that information to see what options work best for your situation.
https://www.cms.gov/Medicare/Coordinatio...MSA-Portal
Another alternative is to just to agree on any remaining disability benefits and leave the medical portion open. An MSA is not needed in that situation.
It seems to me that it is highly unlikely that the carrier will agree with Medicare’s estimate of your future medical needs. What is your attys plan for settlement in that case?

[3200]

Aren't their issues that can arise if you don't do an MSA and if you fit the criteria to submit to CMS and don't cause you to not be covered in the future.

[1171]

Yes, there are reasons to have an MSA and reasons not to.
Know your options before you decide.
This is a response to a specific situation.

[tbear6410]

Hubby and I will be discussing this and contacting my lawyer and see what his plan is.... I will also be contacting my surgeon to see about 1 last appointment and to give me a letter stating stuff...

Thanks for your help once again... can always count on you...

[1171]

(03-11-2020, 02:23 PM)tbear6410 Wrote: Hubby and I will be discussing this and contacting my lawyer and see what his plan is.... I will also be contacting my surgeon to see about 1 last appointment and to give me a letter stating stuff...

Thanks for your help once again... can always count on you...

You are welcome.
I hope you can negotiate an acceptable settlement strategy with your atty.