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  1. #1
    Join Date
    Sep 2010
    Posts
    10

    Default MSA Approval, Medicare Wants More Money

    Not sure if anyone knows anything about this but I just found out my MSA was approved after 8 months and the original amount that was agreed upon was 250,000 for future medical care. Medicare sent a notice saying they want 356,000, thats over a 100,000 more than what was figured. When we agreed to this the insurance company said they could void the settlement if medicare asks for more. Does anyone know about this and what usually happens? If the insurance company says no then whats next?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: MSA Approval, Medicare Wants More Money

    When we agreed to this the insurance company said they could void the settlement if medicare asks for more. Does anyone know about this and what usually happens? If the insurance company says no then whats next?
    Just that... the settlement is void. You cannot force the carrier to fund the MSA.... they are free to pay out any PD indemnity due, and leave the medical open.
    Not even a WC judge can order a cash settlement... you continue to receive benefits just as you have been, including going to court if necessary to enforce a future medical award.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: MSA Approval, Medicare Wants More Money

    You have to start over negotiating a settlement, basically, if that agreement is void. The insurance carrier will possibly pay the extra to settle the case. Have your lawyer get in touch with the other side to discuss it. It may still work with carrier funding the rest of the MSA.
    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 and Board Certified Specialist in NC Workers' Compensation Law

  4. #4
    Join Date
    Sep 2010
    Posts
    10

    Default Re: MSA Approval, Medicare Wants More Money

    Ty for the replies. I have spoken with my lawyer and he said its not good but you never know. We had an outside company do the MSA, just shocked how they were so far off.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: MSA Approval, Medicare Wants More Money

    Ask your AA to talk to the carrier about funding the MSA by a annuity.... it costs them less, and you could be further ahead in the long run. An annuity funding the MSA can be structured any way you want that is in your best interests... if you know there may be a surgery in the next few years, a lump sum can be distributed from the annuity so you don't use up a huge chunk of the cash all at once.

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