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I received a Medicare Secondary Payer Recovery Contractor (MSPRC) letter. What is this? What do I do?

West Frankfort, IL |

This is from my accident from 2004. I was disabled in a car accident. The person who rear ended me had Allstate insurance. They paid $20,000 which was split 3 ways between my lawyer, hospital bills and I. I received $6600. I couldn't work.I also received 6 months disability insurance from my health insurance at work. I declared bankruptcy and lost everything. My Medicare claim was approved after 3 years. Now this. I'm sick about this, can anyone give me some idea of what's going to happen? What this is about? Do I have to hire a lawyer?

There was no indication I would be receiving Medicare until 3 years after the accident. I was told by the Dr's to seek Disability. By then the accident case had been resolved, and I declared bankruptcy because I couldn't return to work. I have tried to contact numerous attorneys today including my Personal Injury Lawyer and my SSI Lawyer. No one can help me. Even if I pay them. The closest I have found that talk about these cases are in New York and Atlanta. Everyone else is only concerned with existing lawsuits where Medicare paid benefits while the case was ongoing. I can;t even find another person online going through the same situation. Thanks for listening. I guess I'm exposed to whatever they claim with no recourse?

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Attorney answers 1

Posted

This is letter that Medicare sends out when it seeks to recover medical benefits it paid from the proceeds of an injury case. You should contact your original attorney to find out what communications he had with Medicare prior to distributing the settlement funds.

Additional information can be found here: http://www.msprc.info/

Jeffrey Whitcomb
Whitcomb Law Firm, Ltd.
www.whitcomblawfirm.com

Asker

Posted

There was no indication I would be receiving Medicare until 3 years after the accident. I was told by the Dr's to seek Disability. By then the accident case had been resolved, and I declared bankruptcy because I couldn't return to work. I have tried to contact numerous attorneys today including my Personal Injury Lawyer and my SSI Lawyer. No one can help me. Even if I pay them. The closest I have found that talk about these cases are in New York and Atlanta. Everyone else is only concerned with existing lawsuits where Medicare paid benefits while the case was ongoing. I can;t even find another person online going through the same situation. Thanks for listening. I guess I'm exposed to whatever they claim with no recourse?

Asker

Posted

There was no indication I would be receiving Medicare until 3 years after the accident. I was told by the Dr's to seek Disability. By then the accident case had been resolved, and I declared bankruptcy because I couldn't return to work. I have tried to contact numerous attorneys today including my Personal Injury Lawyer and my SSI Lawyer. No one can help me. Even if I pay them. The closest I have found that talk about these cases are in New York and Atlanta. Everyone else is only concerned with existing lawsuits where Medicare paid benefits while the case was ongoing. I can;t even find another person online going through the same situation. Thanks for listening. I guess I'm exposed to whatever they claim with no recourse?

Jeffrey Logan Whitcomb

Jeffrey Logan Whitcomb

Posted

I would not say that you are "exposed to whatever they claim." Have you contacted Medicare and explained all the facts of your case? You definitely need the help of an attorney. If you cannot afford one, try legal aid organizations. My gut reaction is that this does not sound right.

Asker

Posted

I have requested all my medicare claims back to 2008 when my medicare became active, from Medicare.They said they have purged the records past 15 months ago and that they would request the outside claims company for cms to re-instate the records. They told me to call back and request them again after that. There is absolutely no claim I have received, that is for anything before that, but I want proof. Maybe then an an attorney will listen to me. I wonder how many people are getting the same kind of runaround.

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