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  1. #31
    Join Date
    Apr 2007

    Default Re: Self Administrate MSA

    Quote Quoting smackman View Post
    Asking a Individual who has given the same answer numerous times IF they have a MSA or do they Self Administrate there MSA or do they actually utilize a Custodial Account is not biting ones hand off IMO.Please go back and read the postings especially post 7 and 8.

    You will notice after the 3rd post that you are the only other poster besides smackman, BVIA, AND maw19531 in 29 postings. This was a serious discussion.

    I do not know if BVIA has all the correct Answers;
    Neither do I.
    I know that me and maw19531 agree and maw has a MSA and Self Administrates his MSA.
    Look Nipper, I know you have a bone against me from a previous thread. Please Open your mind and reread the postings; Thats all I ask.
    You are correct Smackman, I do agree with you. Both of us have very similar cases where we each will see a PM doctor monthly and purchase our drugs from our MSA. Period...... As long as you set up your MSA in a seperate account - keep a few thousand in a checking and the rest in an interest bearing account that you can sweep over as needed, pay your doctor as specified in your MSA contract, keep copies of every bill you pay including your drugs, keep your bank statements for your MSA, at year end for your MSA you will total up what you have spent on your drugs and what you have spent on medical services and send an annual self-attestation form to the name and address they give you on the form you should be just fine.

  2. #32
    Join Date
    Jun 2010

    Default Re: Self Administrate MSA

    I would like to thank all the individual parties that contributed to this thread , given the importance of this matter/topic I bumped it backup for review, so all I/w might have the chance to see a very important topic/tread.This tread/topic I the understanding why hiring a competent W/cAttorney is so.. very important ! I pray to God that my Attorney has the marrow/skill on this important topic/s MSA/CMS/FMC !

    ''OTR DRVR'' Harris P.S. BTw Thank you Bvia for your P/m
    Last edited by clark k; 01-02-2011 at 02:36 AM.

  3. #33
    Join Date
    Nov 2013
    Ca claim

    Default Re: Self Administrate MSA

    I received my yearly annuity for $11,900. 35% of my award was for psyche. My case went on for 11 years and after settlement, I have no more psyche issues. I have not used these funds and received funds on 6/18/18. I need to use some of these funds for personal medical that is not related to my injury and advising CMS to contact my personal physician to verify I have no psyche issues.
    How should I report this to CMS and when should I do this. Do they monitor my bank account and ask for an itemization? Will they at some point, ask me for a complete audit of funds? All I see is the form which I have pasted below.
    Can CMS refuse to send me the $11,900. for the remaining 11 years? I do not want to contact my attorney.
    Thank you. Arnold.
    (Form pasted below)

    Workers’ Compensation Medicare Set-aside Arrangement (WCMSA)
    Account Expenditure for Structured Annuity
    This form should be completed annually and mailed to the BCRC at “WCMSA Proposal/Final Settlement,
    PO Box 138899, Oklahoma City, OK 73113-8899. This starts one year from the date of settlement.
    Note: Please make several copies of this form because you must send this form to the Medicare
    contractor each year until all of your WCMSA has been spent.
    Name: ____________________________________________
    Medicare Number: __________________________________
    Date: _____________________________________________
    Total WCMSA amount noted in the Centers for Medicare & Medicaid Services’ (CMS’) written opinion:
    $ _______________________________
    Individuals that have a CMS-approved WCMSA as part of a workers’ compensation settlement agreement may
    only use the funds in the WCMSA account to pay for Medicare-covered medical services and Medicarecovered prescription drug expenses that are related to their workers’ compensation injury, illness, or disease.
    (Please Check)
    (1) I, the undersigned, attest that I have a structured annuity WCMSA and have used the annual
    monies from the WCMSA account for the period of ________________ to ________________
    to pay for the following:
    • Medical services: $ _____________________________
    • Prescription drug expenses: $ _____________________
    (2) I, the undersigned, attest that I have a structured annuity WCMSA and have EXHAUSTED the
    annual money (and any applicable carry-over from previous years) in the WCMSA account for
    the period of __________________ to __________________ to pay for the following:
    • Medical services: $ _____________________________
    • Prescription drug expenses: $ _____________________
    (3) I, the undersigned, attest that I have a structured annuity WCMSA and have COMPLETELY
    EXHAUSTED all monies in the WCMSA account to pay for the following:
    • Medical services: $ _____________________________
    • Prescription drug expenses: $ _____________________
    I acknowledge and understand that failure to follow any of the Medicare requirements for the use of this money
    will be regarded as a failure to reasonably recognize Medicare’s interests and that Medicare will deny coverage
    for all medical treatments and prescription drug expenses due to my work-related injuries up to the total
    workers’ compensation settlement amount.
    ___________________________________ ____________________________________
    Signature Date
    ___________________________________ ____________________________________
    Witness Date
    CMS reserves the right to audit how you spent the funds in your WCMSA account. Therefore, CMS
    recommends that you retain your WCMSA records for a period of seven (7) years. However, please do
    not send your receipts or bank statement
    s to CMS or the Medicare Contractor identified above.

  4. #34
    Join Date
    Oct 1971

    Default Re: Self Administrate MSA

    Can CMS refuse to send me the $11,900. for the remaining 11 years?
    If this is a self administered account, they don't need to send you anything - That money should be in an interest bearing checking account titled "Medicare Set Aside" in your name, you have the checks.
    Call and inform them you have no further medical issues and wish to be released from the agreement.
    If you can go a year without seeing a doctor, they might send you a release stating they have no further interest in the account - I've seen this done but there's no guarantee, it depends on the worker handling your claim.

    Meanwhile, as long as you're positive you no longer need medical, just start spending the money.
    You can even go to the bank, withdraw the entire amount and close the account - that money is yours.
    The only problem you'll have is Medicare won't pay for future medical until you spend the entire amount of the settlement on medical if you spend the money without a release.

    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.


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