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  1. #1
    Join Date
    Mar 2020
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    3

    Default Does Social Security Medicare Affect Settlement

    My workers compensation claim was made in the State of: California Settled in 2001 by way of Stipulation award & future medical ...They now want to me to settle with a Compromise Release award affording me $61000 for future medical & $9500 PDA .. My questions are ,how would this affect my Social Security & Medicare ? and What is
    a PDA ? I retired when I was 55 yrs old on disability retirement and they have covered my medical 100 % .The settlement /medical all reported to SS at time .I am now 70+ yrs of age on regular SS & medicare .Just wanting to know how this settlement would affect me.. The workers compensation insurance company went bankrupt & CIGA has taken over... thanks

  2. #2
    Join Date
    Oct 1971
    Posts
    5,139

    Default Re: Does Social Security Medicare Affect Settlement

    They now want to me to settle with a Compromise Release award affording me $61000 for future medical & $9500 PDA .. My questions are ,how would this affect my Social Security & Medicare ? and What is
    a PDA
    A Compromise Release award will close your claim, the PDA ( Permanent Disability Advance) is an advancement of future payments, in other words you will no longer recieve periodic payments.
    Because you have reached max retirement age, there will be no offest to your Social Security benefits.
    Be carefull about accepting that $61000 for future medical, you will be on the hook for future medical bills or may have to submit a Medicare Set Aside if you want Medicare to cover future treatments.

    You better consult a lawyer before accepting anything, a consultation is free.

    Tony
    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.

  3. #3
    Join Date
    Mar 2020
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    3

    Default Re: Does Social Security Medicare Affect Settlement

    Thank you Tony for information & responding .... Will see if I can get a free consultation but in this small area it is doubtful . If I do the Medicare set aside , will I be liable for all my future medical that is involved with this Workers Compensation awarded injuries only ? Surely NOT for my general health related problems ... thank you again for your time .

  4. #4
    Join Date
    Oct 1971
    Posts
    5,139

    Default Re: Does Social Security Medicare Affect Settlement

    If I do the Medicare set aside , will I be liable for all my future medical that is involved with this Workers Compensation awarded injuries only ?
    Medicare will determine the amount you must pay based on their analysis of future medical needed.
    They will require a certain amount be put in an account to be used for future medical associated with your work related injury, once the amount is exhausted they'll pay from there.
    Actually, it's the carriers responsibility to submit the set aside proposal to Medicare - if they fail to protect Medicare's interest they may be held liable for future medical Medicare pays towards your work related injury.

    You really need to have a lawyer take a look at your case, there should be at least one in your area.

    Tony
    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.

  5. #5
    Join Date
    Mar 2020
    Posts
    3

    Default Re: Does Social Security Medicare Affect Settlement

    Thanks again Tony ... I will try to find an attorney

  6. #6
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,783

    Default Re: Does Social Security Medicare Affect Settlement

    With those facts, I think a Medicare Set Aside account will be needed.
    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

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