How can I preserve my Medicare coverage after a settlement?

In individual cases, the money you personally receive after paying any lien generally should not affect your eligibility for Social Security Disability Income and Medicare. However, you should discuss with your attorney whether funds might need to be set aside for your future medical treatment. Ask your attorney whether a Medicare Set Aside or MSA is appropriate. Medicare Set Asides are explained more fully on our website. Keep in mind that they are especially important in workers’ compensation cases.
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Medicare Set Asides in Georgia Workers' Compensation Cases

Some, but not all, settlements of Georgia workers’ compensation claims must include something called a Medicare Set Aside (abbreviated MSA). An MSA is designed to avoid shifting the cost of work injury related medical care to Medicare.

In this video I explain how an MSA works, alternatives to an MSA that can pass muster with the State Board and case strategies that are working now.

Read more about Medicare Set Asides here:

Want more information about setting your Georgia work injury claim? Visit my web site at or call my office at 770-351-0801.

Jodi Brenner Ginsberg
Ginsberg Law Offices
1854 Independence Square
Atlanta, GA 30338

medicare set aside personal injury settlement

What is a Workers' Compensation Medicare Set-Aside Agreement (MSA)?

What is a Workers’ Compensation Medicare Set-Aside Agreement (MSA)?

Related video:
Why did the work comp insurance carrier contact me about closing my future medical care?

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Lawyers Representing the Injured Men and Women of Alabama Since 1967.

If you have any questions or concerns about this issue or other issues on the law, please call the Nomberg Law Firm at 205-930-6900. Our website is Follow us on Twitter or like us on Facebook

Alabama State Bar, Rules of Professional conduct, Rule 7.2 (e), requires the following language in all attorney communications: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Under the Defense Base Act and Longshore and Harborworkers Compensation Act many factors go into claim settlements. Contacting a DBA Attorneys for any injury claims is in your best interest.

For more information visit:
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What is a Medicare Set Aside and Why is it Dangerous?

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How long does it normally take to resolve a Medicare lien in an individual case?

In an individual case, the entire process can take as long as six months. The first task is to establish a case with Medicare’s recovery department and request a list of all expenses Medicare paid on your behalf. This listing will help determine which charges are related to your injury. When the process is started early in the litigation (before settlement), Medicare’s claim can be satisfied within 45 days after the date of settlement.

So Why Does it Take So Long?
There are several reasons it takes a long time to resolve Medicare liens. First, the private company that handles the lien recovery for Medicare must go out and find all the medical expenses that have been paid on your behalf by the Part A and Part B medical service providers. Complicating matters, in certain situations your medical providers have up to one year to bill Medicare after providing medical services to you. After all the expenses have been billed to Medicare, someone must review them. This review will determine whether the expenses for which Medicare is seeking repayment are all linked to the specific injury in your litigation, rather than an expense which has nothing to do with the injury at issue. The reviewer will make sure that these expenses: a) occurred sometime between your date of injury and date of settlement and b) that they are truly related to the injury for which you have settled your case. All this means that it can take a great deal of time to get a lien resolved with Medicare.

What Can I Do to Speed Up the Process?
Give your attorney all of the information he/she asks for, in order to manage the resolution process. Do not contact Medicare directly as this will lead to significant delays.

An accident can turn your life upside down, but it's downright shocking for many victims to learn one truth about their case—the insurance company for the person who hurt you won't pay your medical bills as they come in. South Carolina personal injury lawyer Rob Usry describes why using your health insurance to pay these bills is the best option. \n\n Transcript \n\n Here's a question we often get from our accident injury clients. “Should I use health insurance or Medicaid or Medicare to pay from my accident injury medical bills?” Answer: yes, for three main reasons. First, that's what it's for. Second even though this is crazy and it makes no sense the wrongdoers insurance company isn't gonna pay your medical bills as they come in so those medical bills remain your responsibility. Providers expect to be paid upfront and if you don't pay they can send you to a bill collector which can damage your credit. Don’t expose yourself to that kind of stress. Just file it with your health coverage. Third, a hidden benefit may help you in your case. Health coverage which includes Medicaid and Medicare pays your bills in full at a discount, but, those payments are inadmissible in court. The reason is, in South Carolina, we don't give wrongdoers credit for your good sense or good fortune in having health coverage. \n\n So here's how it can work for you, say you get a 0 medical bill. Health coverage pays it at if your case goes to court or if the other party's insurance company is valuing it for settlement it should be valued at the full 0. If you get paid for that bill you get to keep the remaining . \n\n Now, you may have to pay back your health coverage for what they paid on your behalf, this is called subrogation. In our cases we are often able to negotiate a discount in that repayment to help you out and keep more money in your pocket. And it also helps your health coverage that's why they give you the discount because they don't have to pay a bill collector or another to come after you. \n\n If you haven't filed with your medical coverage yet, don't worry, it may not be too late. Most medical bills offer you the opportunity to write in your health coverage information right on the bill. Fill it in, send it in and don't let a provider strong-arm you into not filing with your health coverage because it's an accident. You can politely tell them this is exactly what it's for. \n\n So if you've got any other questions about how your health insurance, or Medicaid or Medicare, impacts your accident injury case or any other questions about your case feel free to fill in our get help now form or just call us at (864) 582-0416 and schedule a free no pressure strategy session so you can get your questions answered. I thank you for thinking about this with me and I hope I see you soon. \n\n \n \n \n \n Related links: \n\n \n What If I'm At Fault In An Accident Injury Case \n Accident Injury Compensation:It's Not Money For Nothing \n Hiring The Best Accident Injury Lawyer For You \n What Is Pain & Suffering In An Accident Injury Case \n How Insurance Pays South Carolina Car Accident Victims \n Not A Typical Car And Motorcycle Accident Attorney Website \n \n \n \n \n \n
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Medicare Secondary Payer Compliance | Settlement Quick Tip

In this Settlement Quick Tip video, Greg Maxwell of Amicus Settlement Planners discusses the ESSENTIAL points attorneys and personal injury clients need to know about Medicare Secondary Payer Compliance.

Contact Greg Maxwell at (801) 683-7362 or at if you’d like to discuss Medicare Secondary Payer Compliance in more detail.

Also, please feel free to contact Greg if you have questions about a current case or situation you’re dealing with in your practice.

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Medicare Liens in Pennsylvania Personal Injury Cases

Pennsylvania Car Accident and Personal Injury Attorney Tim Rayne talks about Medicare Liens and how they impact Personal Injury cases. Medicare has a right to be reimbursed for its payment of medical bills in an injury case. It’s important for your Personal Injury lawyer to be skilled at dealing with Medicare because it is a complicated and time consuming procedure. For more information on Personal Injury cases contact Tim Rayne at or 6108400124 or check out his website at

medicare and personal injury settlements

On Medicare and Hurt in an Accident? What You Don't Know Can Kill Your Medicare Benefits!

Many people who are on Medicare may not realize that making a wrong move with a settlement could end up costing them thousands in Medicare benefits!

In this video, Joye Law Firm’s Attorney Melissa Fried explains what every Medicare beneficiary needs to know after getting hurt in a car accident.

If you’re on Medicare and have been injured in an accident, don’t go it alone! Just call Joye! Our team of legal professionals know the complicated rules surrounding Medicare and can help you protect your benefits!

Since 1968, we’ve helped people from across South Carolina with accident and injury claims. Stop by one of our offices in Charleston, Myrtle Beach or Clinton or simply call for an in-person or over-the-phone consultation. It is 100% free and confidential. Just call 888-324-3100 or visit
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