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Can Medicare take more money from my slip and fall settlement than they paid for my medical expenses?Rawlings took a share sofar

Jamaica, NY |

The Rawlings Group had a lien on my slip and fall case and were paid $20,000.00. I received my settlement check already. And now I receive in the mail, that Medicare wants information about my settlement. I thought this was a scam. I have been looking online for information. I am confused. I settled for a lower amount than I wanted. I was not made whole. I did not use a lawyer. I did this on my own. the Rawlings co. got almost all of their money back for the insurance c. and now Medicare wants money. I never receive any information or bills regarding what Medicare paid. Emblem Health Medicare Advantage paid my bills..they receive a huge discount.My ins. co was billed about 21,00.00 and change. they got back 20,000.00 Rawlings negotiated.and now Medicare wants a share?

Attorney Answers 5


  1. If you had done a right thing and retained a lawyer, the lawyer would have made sure that liens were negotiated down and factored into the settlement equation. This is what happens when you are penny wise and pound foolish.


  2. Speak to your lawyer about any money that Rawlings received. A new law was just signed which may effect that. Your lawyer should have negotiated all liens about the case before distributing money.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. By law you had to place medicare on notice of your claim. Rawlings might not have been entitled to anything. It depends if your employer was a fully self-insures erisa. I guess you didn't know these things but a personal injury lawyer would have.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  4. Sorry but you were a fool to handle this yourself without a lawyer.

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900


  5. Under the law, Medicare is entitled to recover money that it expended for injuries arising out of the accident for which you settled. An attorney would have used the Medicare and Rawlings liens to negotiate a better settlement. It sounds like you did not really know what you were doing but still tried to do it yourself, and now you're going to end up owing Medicare. You would have done better for yourself if you hired an attorney, but I guess you figured that out by now.

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