If you are a current Medicare recipient at the time of settlement, then Medicare will also have to sign off on the MSA in the Worker’s Compensation Agreement in North Carolina. Unfortunately, getting approval from Medicare can be an exasperating process. While it’s not as bad as it used to be, it can take Medicare up six months to approve the MSA. This makes the decision to submit the agreement to the North Carolina Industrial Commission a little problematic.
If Medicare approves the MSA, then as long as the employee keeps up the proper reporting requirements on a yearly basis, there shouldn’t be a problem in using the money in the MSA to pay the medical expenses related to your work injury.
If, however, Medicare says more money should have been put into the MSA, then there could be a real problem. It does sometimes occur that Medicare will say that the MSA should have more money in the account because the future medical costs related to your work injury were underestimated.
Experienced legal counsel will work to anticipate this situation and address it. There are many options, though they are very complex – so it is best to review them with your lawyer before you agree to any settlement agreement. The main key is that the employee, under no circumstance, should agree to bear the risk of any shortfall in the MSA. It could affect not only the viability of the MSA but the whole agreement as well.
To get all Your Medical and Wage Benefits, Contact North Carolina Injured Worker Lawyer Joe Miller
If you are a current Medicare Beneficiary, Medicare unfortunately does have a say in how your medical bills are paid if you reach an overall settlement in North Carolina. It’s not enough to anticipate all the medical bills you have. You must also anticipate that Medicare may take the position that more money should have been set aside. To handle this complex problem, worker should hire a skilled North Carolina worker’s compensation lawyer. Joe Miller has the experience needed to handle Medicare and Medicare Set Asides. Make the call to Joe Miller Law at 888-694-1671 and ask for me, Joe Miller. You can also complete Joe Miller’s online form.
