Your attorney is correct, but remember that it is actually the defendant that is reimbursing Medicare for your medical bills. Here's how it works. When (and if) the defendant makes you a settlement offer, part of the settlement is for your medical bills and part is for your pain, suffering and aggravation. The part for your medical bills must be paid to Medicare. Your attorney will make sure that the portion for medical bills is sent to Medicare.
I know that it FEELS like you have to pay because the settlement is made in a lump sum but it really is the defendant paying for your medical bills.
Your attorney is correct, however, Medicare lien law is federal, not state. Your attorney should be able to negotiate a reduction in the amount paid back to Medicare, with a set off for a proportional share of your attorney fees and costs paid to your attorney to prosecute the claim.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein 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 within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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