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Thread: MSA

  1. #1
    Join Date
    Jan 2009
    Posts
    97

    Default MSA

    ok im still waiting on my MSA it,s been sent in on 09/12/2011
    i called about a status update and they said it,s still up for review?
    wow is this the norm? the lady said they did not need any more info as all looks ok?
    so ok
    why not approve it?
    she said there so back logged it could take another 6 months??
    looks like the settlement will be about another damn year?
    i just can not under stand why we cant settle the idemity part of this case. and let the IC deal with the msa.
    i was even told i will not see the MSA check?
    it goes to a vendor? i thought this was up to me to decide if i wanted to manage it or not?
    also if i should never need anymore work on the knee. and dont get a tkr. can i not have this money in the future? or does it go back to the IC?
    ok i think i ranted enough
    thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,069

    Default Re: MSA

    Is it at CMS in line to be reviewed? We sent one to CMS on about the same date and ours still has not been reviewed. I understand about 8 months is average now for CMS. The Ins. Co. wants to know exactly how much they are going to have to pay, and that is why they want to wait until the MSA has been approved at CMS.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: MSA

    also if i should never need anymore work on the knee. and dont get a tkr. can i not have this money in the future? or does it go back to the IC?
    MSA money is only for medical to your work injury.
    When you die, there will be an estate value.
    There was a time, with medical evidence treatment wasn't necessary to the extent estimated, every 5 years, you could request CMS to release up to 25% of the MSA fund. That is no longer an option.
    i just can not under stand why we cant settle the idemity part of this case. and let the IC deal with the msa.
    i was even told i will not see the MSA check?
    There is no incentive for the carrier to cash out the indemnity leaving the medical open.
    There is no reason you would not receive the check/MSA... CMS "recommends" a setaside account. If you opt not to deposit in a interest bearing account...that's up to you. BUT, you will still be required to prove you have exhausted that money, including reasonable interest, before Medicare will begin to pay benefits.
    If the MSA is to be funded by annuity, that may be the reason for a seperate account for the annual deposit to be made EFT/Electronic Funds Transfer.

  4. #4
    Join Date
    Jan 2009
    Posts
    97

    Default Re: MSA

    still in waiting . it has been almost 7 months now? i am allowed to call them every 2 weeks for a status on the MSA. all i get is we are sorry this is taking so long. please call again in 2 to 3 more weeks. the IC and the defense not to mention my AA all agree this is taking to long. but there hands are tied. it,s been in the review status for this long. it,s just a wait and see. my AA and the defense said waht ever happend to there so called claim about a few years ago where it should never take more then 90 days?
    anoying as heck.but whats a person to do? i dont get any more medical treatment now. as im MMI. but still allowed to get injections. that medicare is covering/ notworkers comp? as the inflamation now is not from the injury? but bad arthritist? im sure going to be glad when all this BS is over with. its going on 4 years from DOI . so if any one else is dealing with a MSA keep your head up it can take a while.

  5. #5
    Join Date
    Jan 2009
    Posts
    205

    Default Re: MSA

    For whatever it's worth, I'm going through the same thing. My settlement went through, including the MSA. I received an initial MSA check, which is handled appropriately. On one year-anniversary I submitted three self-attestation forms to two locations...one in Oklahoma, another to Detroit. That was last August...still no check. Were it not for SSDI and my wifes' salary, we could not survive. I saw a video on CNN which predicted we would be taxed on medical treatment by 2013. There is now a bill before congress (MAP-21) which will allow IRS to revoke a US passport from anyone whom owes IRS money, even if in dispute. Far to long we, as a nation, were wrapped-up in our own greed. While focused on the latest fast food, automobile or reality show, we allowed politicians to run amok with back-door deals in Washington...All parties, all races, all genders. It seems that now, our self-indulgence has returned to haunt us. All the best for everyones' future.
    Last edited by ransa; 04-16-2012 at 09:54 PM.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: MSA

    I saw a video on CNN which predicted we would be taxed on medical treatment by 2013.
    I think you may have misunderstood that... the taxes would be on the value of an employees health premiums... paid just as though the amount were wages. (which technically health plans provided by ER's are part of a wage package).
    There is now a bill before congress (MAP-21) which will allow IRS to revoke a US passport from anyone whom owes IRS money, even if in dispute.
    I hope you aren't finding fault with the idea of revoking a passport... Calif law requires the FTB/Franchise Tax Board to publish the names of the top 500 taxpayers in the state who are in arrears... you should see the current list. The amount owed is in the millions...700M+.
    My settlement went through, including the MSA. I received an initial MSA check, which is handled appropriately. On one year-anniversary I submitted three self-attestation forms to two locations...one in Oklahoma, another to Detroit. That was last August...still no check.
    Your self attestation to CMS/Medicare has nothing to do with the funding of your MSA...If you are receiving annual funding... that should have been spelled out exactly in the settlement documents, and generally the MSA would be funded by annuity... contact your attorney, and/or the carrier.

  7. #7
    Join Date
    Jan 2009
    Posts
    205

    Default Re: MSA

    Thanks, once again, for your input. I do not want to hijack this thread, and so I won't. I do consider you and everyone here a friend. Thanks.

  8. #8
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,069

    Default Re: MSA

    Ransa, who is supposed to be sending you the check? Get your lawyer to look into it.

    Wolfwatcher, we sent an MSA in for approval in October 2011 and it is still pending too. I still hear "8 months" from other lawyers as to how long it is taking.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  9. #9
    Join Date
    Jan 2009
    Posts
    97

    Default Re: MSA

    first they said it was ok to call every 2 to 3 weeks now they said. stop calling. they will send a letter when it,s done/ verry rude person. this was monday. must have been a bad day for her?

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: MSA

    The law does not require CMS to review/approve every MSA proposal... depends on the CMS/COB work load, and/or back log...
    As long as the parties have taken the reasonable expectation of future medical into consideration and protecting Medicare interests, a claim may be settled. This is generally done by having a recognized MSA vendor prepare the proposal. (Med-Vest comes to mind. There are several nationwide vendors preparing adequate MSA proposals)
    Once the settlement is reached, and approved by a WC judge... the parties may move forward.

    However, NO settlement is complete until the documents have been submitted to CMS/Medicare. IF there is descreptancy... Medicare can/will come back to the parties for recovery under the MSPA/Medicare Secondary Payor Act.

    As none of the interested parties want to risk that happening...you can be assured the MSA vendor will take every precaution...they know what CMS is looking for.

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