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?
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
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
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.
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