I am disabled & on SSD. I was injured in a fall not related to my original disability & I was already receiving Medicare & Medicaid. Medicare & medicaid paid all the medical bills due to this injury. The company wants to make settlement. Do I have to reimburse medicare & medicaid out of my settlement money
No lawyer would take my injury case. The settlement company told me today by phone that new laws passed require them to report my award to SSD & IRS They told me that Medicare & Medicaid must go directly to them for reimbursement. I told them i needed that in a written statement before I would settle. I am in the State of New Jersey
Within a set time Medicare and Medicaid can make a claim on payment of medical bills. Legally they are only entitled to reimbursement for medical care directly related to the treatment for the injury, but the first claim is usually for every bill incurred since the date of the injury. A good lawyer will know how to negotiate with them to make sure you do receive some money.
You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with a local attorney about this issue.