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  1. #1
    Join Date
    Nov 2007
    Posts
    34

    Red face Settlement of Medical: Open Vs. Closed

    I read on some posting somewhere that your own insurance, which includes Medicare will not pay for further medical treatment of your injured parts if you make a final settlement and do not leave the medical open. Is this correct? I know there will be a Medicare set-aside for me, but what happens if the costs of my care go beyond that. I also have a Medicare supplement.
    Thanks.

  2. #2
    Join Date
    Dec 2007
    Posts
    775

    Default Re: Settlement of Medical: Open Vs. Closed

    Many times these issues depend on the EXACT wording of your settlement agreement. It is obviously a huge issue considering the cost of medical care. It would be prudent to have your settlement agreement reviewed by an expert on the issues. There are a few attorneys who specialize in this.
    It is very smart on your part to ask this question ahead of time. I know of someone in New Haven, if you're interested and have trouble finding someone.

  3. #3
    Join Date
    Nov 2007
    Posts
    34

    Default Re: Settlement of Medical: Open Vs. Closed

    Thanks Lost in CT.....I would be interested in the name of that attorney, although I already have an attorney. I am not sure of his expertise in this issue, as my original attorney who was certified, accepted a special appointment, so I was transferred to another in the same firm.

  4. #4
    Join Date
    Dec 2007
    Posts
    775

    Default Re: Settlement of Medical: Open Vs. Closed

    Allan B. Rubenstein at 261 Bradley St. New Haven, CT 203 777 6400
    I do not have personal knowledge of this attorney, but was told by my attorney that he is the "guy to use" regarding Comp Settlements/Social Security. I'm sure there is a fee, but it might be worth it to know where you stand in the future.
    I'd be interested to know how you make out.

  5. #5
    Join Date
    Nov 2007
    Posts
    34

    Default Re: Settlement of Medical: Open Vs. Closed

    So this would mean seeing another attorney? How does one know if this is necessary, and would he get a flat fee or another percentage?
    Thanks for the information....I will keep it.
    Muffy

  6. #6
    Join Date
    May 2007
    Posts
    104

    Default Re: Settlement of Medical: Open Vs. Closed

    Connecticut doesn't allow settlements with "open medicals." A Medicare set aside is not the same thing. The set aside will hold a pool of your settlement money to pay your medical bills so as to keep Medicare off the hook.

    If the amount of money in the set aside runs out, then Medicare would have to pay. That is why they require a vendor to estimate the costs of your future care so they are pretty sure you put aside an adequate amount of money.

    The guy to use is not Rubenstein. The guy we lawyers use is Angelo Sevarino in Windsor. He drafts the settlement agreements that will pass muster with Medicare. He charges 3500 to 5k to do the work which is an extra fee to you.

    Jim

  7. #7
    Join Date
    Nov 2007
    Posts
    34

    Default Re: Settlement of Medical: Open Vs. Closed

    Quote Quoting Jaspell View Post
    Connecticut doesn't allow settlements with "open medicals." A Medicare set aside is not the same thing. The set aside will hold a pool of your settlement money to pay your medical bills so as to keep Medicare off the hook.

    If the amount of money in the set aside runs out, then Medicare would have to pay. That is why they require a vendor to estimate the costs of your future care so they are pretty sure you put aside an adequate amount of money.

    The guy to use is not Rubenstein. The guy we lawyers use is Angelo Sevarino in Windsor. He drafts the settlement agreements that will pass muster with Medicare. He charges 3500 to 5k to do the work which is an extra fee to you.

    Jim
    Jim...Thank you so much for reading these posts, and for providing informative information. I am currently waiting for my 2 orthopedic surgeons to complete the paperwork for MMI rating and future medical needs. My employer is a self-injured medical institution, so I don't know which option would benefit them the most. They really wanted to get rid of me after my injury, which was so obvious by their behavior. I am about 1 1/2 hrs from W. Hartford, or I would have found you sooner. Thanks again.

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