Is it possible to receive a lump sum and a medicare set aside in a workers comp case?

Asked about 1 year ago - Anaheim, CA

I have been offered 80k for a 92% rating in my workers comp claim. What I would like is a lump sum and a medicare set aside. This is a California claim. Is it possible to have both? I am a 68 yr-old-male who is suffering financially. I have Kaiser Medicare. If I do this 80k cashout of future medical, can I still use my Kaiser for these work related injuries? Please advise asap. Thanks

Additional information

My other option is to receive approximately $250.00 every two weeks beginning on March 12, 2015 for the rest of my life. I believe I will also be entitled to all future medical expenses through Workers Comp and/or the company involved. Thanks again for any help you can give me.

Attorney answers (5)

  1. Manuel Jaime Rodriguez Jr

    Contributor Level 10

    6

    Lawyers agree

    Answered . Your question does not provide enough information to provide you with a complete response. In view of the significant amounts involved, you should have a competent workers' compensation attorney (preferably a certified specialist) review your case completely. At 92%, your case includes a life pension. Depending on your earnings at the time of your injury, the value of a 92% case, including the life pension, including a Medicare Set-Aside (MSA) would very likely far exceed $80,000. About the only time a case would be concerned with an MSA is when the claims adjuster is looking to close out the case by settling with a Compromise and Release. When your permanent disability rating is 92%, it is not a far cry to get your case to 100% with at least some work on your future diminished earning capacity. A 100% case is worth much, much more than a 92% case.
    I cannot over-emphasize your need to retain a competent workers' compensation attorney if you do not already have one. Good luck.

    Any person who makes or causes to be made any knowingly false or fraudeulent material statement or material... more
  2. Michael James McKernan

    Contributor Level 3

    5

    Lawyers agree

    Answered . It is possible to receive a lump sum settlement, but a lot of factors go into a case like yours to make that possible. First the carrier must agree to want to do a lump sum settlement. Secondly an msa must be obtained since it appears you would be on Medicare and that msa would need to be approved by cms(Medicare). The amount of your settlement would need to be inclusive of the cms approved msa. You would also be required to set the msa dollars aside and pay for the care that would have been covered by the wc carrier, as Medicare will not want to be responsible for that care. There are multiple additional issues here that are too numerous and complicated with respect to msa s and Medicare and without additional facts about your case can not be answered sufficiently.

  3. Richard Andrew Harting

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You definitely need to retain an attorney. Your situation can get very complicated and throwing in part D medicare even more so. Moreover, you want to make every effort to get your matter to 100%.

  4. George Ellis Corson IV

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is possible, but I fear that you need an Certified Specialist in WC to assist you in your case if you are even considering a cash-out of your Future Medical. If you have one, you should listen to him. If you do not, I would be happy to look at your Medical record and help you estimate the proper value. It is also extremely important to structure the language of your settlement so that your Social Security benefits are not devastated.

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  5. Juan Manuel Armenta

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You need help. Ofen carriers in an unrepresentative a&e will try and hoodwink you into accepting the Medicare set aside as your settlement. THEY ARE SEPARATE! You should e paid an amount to settle your disability AND the set aside.

    Also, at 92% and 68 years of age 80k seems low to me.

    Hire counsel at once. Looking at reviews and rating on this site is a good place to start. Good luck.

    This site is informational only and creates no attorney client relationship or a reasonable expecation of accuracy... more

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