20 Year Anniversary Coming Up

[twomoons]

bvia,
what is a HARTMAN clause,or hartman law,or hartman settlement.
it seems we are going to trial. the IC is shocked with all the medical records form the last 3 years.the IC thought i stopped traeting when they stopped paying,when in fact i had to have more medical procedures done.
My AA told me this morning she might use the hartman approach to a setlement
thanks for any advice

[BvIA]

The only part Hartman language has here is the way the lump sum settlement on indemnity portion of your payment is provided. That just lets SSA know the indemnity is based on a weekly benefit payment as though you did not receive the lump sum.

But, I'm getting concerned here as you ARE a Medicare receipient and I haven't heard any discussion of a WC setaside arrangement. That is a requirement and should be addressed BEFORE any settlement that closes the medical in your claim.

However, even though you are going to trial, that is probably just the out of pocket medical you have received. Medicare is going to be reimbursed, and the judge cannot close the medical -any way.

[twomoons]

bvia,
my AA is working on the WCmsa set aside. she told me that last week.but she is trying to get a setllement with the IC i guess.i get confused as you do bvia, as my aa switches gears and mindsets when i send in 3 years of documented prescriptions, nerve block injections, and my pcp explainin several times, that i will need future medical treatment because of failed surgery's. that his statement on his letterheads
i really am happy that i have learned what to watch for,and listen for on this forum. so i at least know that my case is tracking an end,or trial, with the proper procedures.
My aa said the medicare set aside is put in a fund. if i dont use any of the money for a medical procedure ,the money goes to my estate. is that correct??

[BvIA]

My aa said the medicare set aside is put in a fund. if i dont use any of the money for a medical procedure ,the money goes to my estate. is that correct??

Yes... sometimes.

Your atty should/would not be doing the WCMSA on her own.. a MSA vendor does that... you have to sign a release of information of your SSA and CMD/Medicare records too. Your claim is TOO complicated for the atty to do a MSA... you first should handle the out of pocket medical costs for the last 3 years...including the MEdicare payments....
I don't remember who your IC is... (send me that in a PM please)