Page 1 of 2 12 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Dec 2007
    Posts
    12

    Default Future Medical Cash Settlement

    My workers compensation claim was made in the State of: CA.
    Hi. I posted here last year under my real name so i cancelled.
    The Workers Comp insurance company has offered my husband $20K settlement to buy future medical. He doesn't use the carrier anymore and doesn't use Medi-Cal. He's a disabled Vet and uses the VA. All income he receives is SSI and VA disability. VA money is deducted from SSI so his total is same as straight SSI. My question: If he accepts the $20K, will SSI discontinue payment? My husband is terminally ill due to chemical exposure while serving in the Army late 1960s. He has a claim pending and is trying for 100% Service Connected Disability. If/when he reaches 100% he will drop SSI and receive a more respectable income of $2600 a month. Can he accept the $20K settlement without problems? Any advice appreciated. Thank you.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Future Medical Cash Settlement

    If he receives workers’ compensation or other public disability benefits and Social Security disability benefits, the total amount of these benefits cannot exceed 80 percent of his average current earnings before he became disabled.
    Since he may be eligible for medicare they also have to be alerted expecially since the settlement is for future medical.
    for more informtion
    http://www.cms.hhs.gov/WorkersCompAgencyServices/

  3. #3
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Future Medical Cash Settlement

    hi. He was injured 30 years ago. He got a small settlement and lifetime medical for his industrial injury. He doesn't receive SSDI, only SSI. His VA disability comp is taken from his SSI and still equals SSI pay. He's probably eligible for medicare but uses only the Veterans Medical system.

  4. #4
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Future Medical Cash Settlement

    I really would like to know if we can accept the $20K settlement for future settlement. Injury was in 1978, surgeries 79 and 84, paid meds until 2002 when my husband started using Veterans Admin health care exclusively. He's been on SSI since mid 1980s. I just received another letter from the Industrial carrier which we never use any more, they offer cash settlement if my husband signs the papers sent. We could go before the judge with them or send in paperwork and wait 6-8 weeks for the settlement. If this thing had wheels i would know what to do but i really need your help here. My husband will only use the VA from now on and the lifetime Industrial medical won't be used again. Makes sense to me to sign off with them. Info from ya'll would be much appreciated.
    Thank you.
    Last edited by hervell; 04-22-2008 at 07:18 PM.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Future Medical Cash Settlement

    The SSI benefits are ''asset based''...so it could be that any cash settlement would/could affect that entitlement.

    Also a cash payment for ''future medical'' is for medical treatment, to this injury, and not money for descretionary purposes...not for paying other bills or house payments.

    The VA doesn't have a problem treating 'any' condition, industrial or otherwise. He's entitled to those benefits.
    SSA/SSI/Medicare is/can be another issue.
    In the future when he is Medicare eligible, he can NOT use Medicare for ANY treatment that is determined for this injury UNTIL he can show that the future medical payment/settlement has been exhausted. That would be the full 20K plus interest. Medicare will insist on that, and as he is receiving SSI, CMS/Medicare will/must be notified of any settlement that affects future medical entitlement for this injury.

    As he is SSI/Medicade eligible now, you should check with Medicaed IF there have been any payments made for the work related injury, those will have to be reimbursed.

    So, the first thing is to sign a release of information for the IC to check the SSA status to ensure that SSA/SSI/Medicare/Medicade interests are protected before you accept a settlement. IF there have been advance payments, and you/IC don't make sure SSA is taken care of there could be severe penalties.

  6. #6
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Future Medical Cash Settlement

    Thank you. I called today to speak with a "Information and Assistance Officer" about the Compromise and Release. I'll supposedly get a return call.
    You answered much more than i ever dreamed, and i appreciate it. I'll probably learn nothing if i receive a phone call.
    This stuff is not in my ballpark, so i need help like yours.
    I guess the IC will get off light. I won't jeopardize my husbands small but essential income. God willing, his long fought claim for Service Connection will be granted at 100% soon and he will get a monthly check of 3 times the amount SSI pays him. Good hearted man who was an exemplary fighting soldier but chemically abused and now suffers from that 1965-68 service related illness, like so many other Veterans.
    I guess the conclussion is forget the Future Medical settlement and not make the IC pay for anything, as has been the case. They should love that.
    Thanks again and Thank a Vet. Thank you if you're a Vet.
    hervell.. www.HCVets.com

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Future Medical Cash Settlement

    Please don't let the ER/IC off the hook for treatment they are liable for...
    IF this was a work related injury, and there is liability to the ER/IC they are responsible for future medical..and not the ''taxpayer''...

    If the VA determines the treatment is due to the work related injury... GO AFTER THEM...(the ER/IC)

    BTW...you can talk to any I&A officer at any WCAB office...doesn't have to be the one at the office where the claim is filed... keep calling 'til you get one you can relate to...

    Good luck to you and your husband.

  8. #8
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Future Medical Cash Settlement

    Okay. I'll speak with the Patient Advocate at the VA my husband uses. We began using VA in 2001. This was a work related injury in 1978 resulting in Lifetime Medical coverage for low back, another surgery in 1984 was covered by IC.... not certain if the rest of the spine is covered but is certainly damaged. Recent MRIs of Spine gave the Doctors much concern. Several surgeries needed were pointed out. From your post i figure the IC would have to pick up the tab if my husband goes for any sugery, not the VA (Taxpayer). My husband is what he calls "Knife Fatigued" after 2 low back and a C-Spine fussion . We still can't figure who paid for C-spine but on the CR form an MRI was paid for in 1999 by the IC even though they later told us they were only responsible for low back, yet paid for PT in 1999 which is where the latest C-Spine injury occured by a careless Massage Therapist.
    Perhaps an attorney is required?
    You are most helpful. Thank you and God Bless.
    H
    Last edited by hervell; 04-23-2008 at 06:26 PM.

  9. #9
    Join Date
    Dec 2007
    Posts
    12

    Default Re: Future Medical Cash Settlement

    By the way. My husbands claims adjuster told him over the phone in 2004 or so, they don't have to give him anything, such as a massage chair and ortho bed they paid for in 2000 and 2003. All he receives is TENS supplies now since he was told in 2005 that Valium couldn't be mailed to him from out of state. So he hasn't ordered that muscle spasm med or pain med from them. His Adjuster stated some new law makes it a waste of time to ask for anything from the IC since the laws changed. A Doctors prescription used to get anything delivered. Sad all that changed.

  10. #10
    Join Date
    Sep 2007
    Posts
    189

    Default Re: Future Medical Cash Settlement

    Hervell, Check out www.**********.com
    They have done great by me, UPS delivers meds right to the door. They even deliver meds that are being disputed by IC.
    Thank your husband for his service.
    A fellow vet

Similar Threads

  1. Settlement Without Future Medical
    By JayNeedsResponse in forum Maryland
    Replies: 3
    Last Post: 08-25-2009, 11:10 AM
  2. Settlement and Future Medical
    By douce2 in forum Massachusetts
    Replies: 1
    Last Post: 09-16-2008, 05:14 AM
  3. Settlement Or Future Medical
    By mpreyno2 in forum Florida
    Replies: 3
    Last Post: 04-25-2006, 08:34 AM
  4. PPI Settlement and Future Medical Care
    By mike in forum Indiana
    Replies: 1
    Last Post: 01-31-2006, 06:27 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer