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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?

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?

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.

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Attorney answers 6

Best Answer
Posted

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

Posted

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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

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. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

Medicaid is very accommodating in reducing liens in IL. Medicare will recognize the common fund doctrine, but no more.

Posted

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 relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Asker

Posted

Lol.....because he didn't answer the phone right before I thought to send out the question here. I did call him first. I will try to call him now.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Good idea!

Posted

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.

Posted

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 2200. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.

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