Do I really need to complete the Medicare form for my claim? What will happen if I do? What will happen if I don't?

Asked over 1 year ago - Chicago, IL

I found a great lawyer on this sight. Now that we have a settlement in process (less than $15,000), the Medicare doc is a part of the paperwork. I receive SSDI (from working) and Medicare A,B, and D. Additionally, I have backup coverage from Medicaid. I reside in Illinois. I don't want to lose my benefits or my settlement. What am I required to do? What can I expect to happen?

Additional information

P.S.- no medical care was required. There were no hospital stays. A few doctor visits did take place to confirm that I was okay. My pharmacy gave me the wrong meds, thus the settlement.

Attorney answers (6)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . The others have done a good job explaining Medicare's "super lien," which exists in all cases where the claimant is receiving or eligible for Medicare. Essentially, if you get money on an injury claim or workers' comp claim, you have to pay back Medicare a portion of what it paid out. It's a lien that exists without being served--it's a "super lien" in that Medicare need do nothing to perfect it.

    The big question is why you aren't asking your lawyer if you are so happy with him?

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. Sue E. West

    Contributor Level 10

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Medicare has a right to be paid back anything they paid out as a result of someone else's negligence. Your attorney should be able to help with the Medicare lien. I suggest you speak with your attorney about this so that he/she can advise you of Medicare's right to payment. Good luck

  3. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your attorney MUST submit a request to Medicare for a Demand letter from Medicare. This process takes mare than 6 months so hopefully it was begun. Moreover, you need to have spread language in the settlement. Your attorney should explain all of this to you.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  4. Daniel Nelson Deasy

    Contributor Level 20

    4

    Lawyers agree

    Answered . You must follow the advice of your counsel. If you have not talked to him or her about this situation yet, you ought to. I do not know enough about your claim to understand how the medicare documentation will impact your situation.

    I have handled lawsuites int eh half involving personal injury settlements where Medicare is entitled to both reimbursement and future offsets.

    Good luck to you.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes. Make sure that your lawyer negotiates your lien down to 5-10 cents on the dollar before you sign the release, otherwise, your lawyer will have no incentive to do so.

  6. Burton A. Padove

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Talk to your lawyer, he or she should be able to assist you.

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836... more
Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now