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MSA / structure settlement, California
#1
Hi all , so now my msa has been submitted to CMS and the numbers have grown, so the defense attorney is asking that I do a structure settlement, does anyone have any information on weather I have to agree with the IC and do a structure settlement
I'm not in favor of doing so ! Everything I've read is conflicting and it seems like it's all about the wording.

Thanks in advance
 
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#2
You don't have to do any settlement you don't want to.

If you are receiving SSDI sometimes a structured settlement is good.

Best to you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#3
it really depends on the terms.
if you don't want the structured and they don't want the MSA the remaining alternative is open med.
neither party can force the other; there has to be give and take and mutual agreement else the court will leave the medical open.
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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#4
Thanks 1171 and California_Help! !!
 
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#5
If your atty is experienced there are some creative ways to combine a structure & an MSA.
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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#6
1171, she claims to be experienced, at times I wonder .. I just don't want to have to stay in the medical network, I want out of the system. . Plus I would need to make sure my SSDI isn't harmed . So if I kept the medical open I'm then stuck with the IC decisions and denials, No thanks! !! Should I assume that I can't just have an C&R and walk away? Of course I might not have choices if any effects would harm SSDI.
Thanks Again
 
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#7
You have to pro rate the settlement amount over life time to reduce the 80% ssdi offset. There is standard wording for that.
Yes getting out of the comp carrier’s med control is the best option.
What if the carrier bought an annuity with less then full value of the MSA and the annuity would fund the MSA portion incrementally— 4 or 5 payments over next 15 years?
The carrier might get an acceptable discount yet the MSA would be fully funded- just not right away.
The exact terms — number of payments, years, etc. can be negotiated to fit both your needs.
Just a thought.
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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#8
Thanks 1171, those are great thoughts and questions for me to ask my attorney, I'm concerned about all of it due to how the IC and the defense attorney have dealt with my case,however I'm sure it's just business! !!

Thanks Again
 
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#9
It sounds like they want to structure your settlement so it doesn't affect your SSDI payments. If you google Hartman formula it shows info how this can be done.


Getting monies to cover co-pays and things that Medicare does not cover may be an option and SSDI does not consider it as income.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#10
California help, I'm unsure the why's for a structure settlement, except I do know that the IC did an updated Msa and it bit them hard in the pocket. .. I'm concerned about the wording that is being used in conversation at this point, like if something happens to me ,my sons would not get the remaining balance! !! Of course I've told my attorney absolutely not happening. .. I'll look into the Hartman formula, I'm so thankful for this forum! !!

Thanks Again
 
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