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Thread: RSD Settlement

  1. #1
    Join Date
    Sep 2008
    Posts
    8

    Default RSD Settlement

    I am very sadden to think that our state thinks so little about their employees. I have been declared 75% disabled. I will be on crutches for the rest of my life. My RSD has traved to my shoulder and wrist and now testing for my left hip. As a humane being I am worth 60 grand to my employee. I make that in two years. I have lost my home, my car, my friends and myself worth.
    I have rquested that I do not want a set aside medical but to be paid right out. The reason is so I can start over.My lawyer is not listening to me, I thought when we paid them 41,000. dollars they worked for us.
    I am tired, and ready to give up. We go to court in jan and I know it will be bad.
    How do I act when I go?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Rsd

    I have rquested that I do not want a set aside medical but to be paid right out. The reason is so I can start over.
    If you are referring to a Medicare Setaside Arrangement... it is not up to you, or your atty, or the IC... CMS/Medicare requires this under the LAW... and the reason is the very one you state here... you want the cash payment so you can 'start over'... if that were to be the case, and you spent the money, Medicare would be on the hook for payment of your medical treatment to your work injury... Medicare is NOT liable for that cost, neither are you. But when you take the lump sum cash payment, you are assuming that liability, and Medicare wants that money set aside in a account to be used ONLY for treatment Medicare would normally pay for.

    You can't shift the liability of your treatment cost from your ER, and yourself to the government/Medicare and the taxpayer. That is the reason for a setaside arrangement. You should NOT settle this claim until you are fully informed of the allocations, and what monies you are receiving to cover your future medical needs.

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Exclamation Re: Rsd

    Joybug,
    keep your head up. I KNOW it's hard and extremely frustrating. My husband fell 26 feet from his ladder on his day off. He went in to help them out and what he got for it was perm brain damage and fired. Medicare set aside. My husband has it too.. what it is for is so that you don't have to take out of your pocket for your meds etc... and trust me .. you don't want to and nor should you have to. Keep your head up. And when you go in January let your attorney do his/her job. just try to stay positive. what I kept telling my husband over the past 2 1/2 years was this... expect the worst and hope for the best but NEVER hang your head down. Our car got repoed, house went to foreclosure.. I understand... but please trust me when I tell you that you have to know the law and stay positive.
    Just to let you know.. we settled our case... and Workers Comp.. the insurance company... they took good care of us... they will you too.
    Last edited by tchavis5214; 12-07-2009 at 12:59 AM.

  4. #4
    Join Date
    Sep 2008
    Posts
    10

    Default Re: RSD Settlement

    Keep your head up BvIA. I've been going through this for over 3 years now. I've even thought of suicide. I will be totally disabled for the rest of my life and I am only 38. Communication is the key. If you are upset with your attorney then tell him so. He works for you and don't be afraid to tell him/her so. That being said pay close attention to anything before you sign it. Future medical is there for a reason. I have heard that sometimes the insurance company will try to pay off your medical just to get you off the books. I am not sure how that works but I would be weary.

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