My lawyer has vehemently encouraged me to NOT approve of a settlement that requires that I put a substantial amount of money (6 figures) into a 'Medicare Set Aside Account' for my future medical care. Not only has he encouraged me NOT to approve, he actually declined the settlement offer before I was ever made aware of the offer being on the table (isn't that ILLEGAL?)--he said that he did this 'for my benefit' and I found out about the contract only after he requested that the terms be changed. I believe that I may need this money for my future medical care, and medicare is likley to not approve of my settlement if their interests are not fully addressed and delay this even longer, so I'm not opposed to it at all and just want to settle my claim.
Which makes me wonder, could it be that my lawyer will not get his 20% commission for the money that medicare requires be set aside since according to the Social Security Administration, no legal fees can be taken from that agreed amount to go into an MSA???? Or is it that he can't take commission on 'undisputed medical fees' even if they are in the future? My feeling is that this man would not threaten to go to trial, to work on this case even a moment longer, if he didn't have a financial incentive to do so.
Thoughts, ideas, answers?