settlement question

[blake]

i only have the one claim on the fusion but from a result of the fusion and return to work i did more damage elsewhere thats not a claim though. all my lawyer did was call me yesterday and said the ins co contacted them to see if i would be interested . the 100k is only what my lawyer thinks im looking at an official offer or me sitting down with my lawyer hasnt happened yet. iam just throwing this out there what my lawyer told me yesterday.

[freebird]

Bad Boy Bad Boy Wrote:Freebird, as in Blakes Case;

We can't blame an Attorney bound by the Laws and Rules of the State Work Comp System. As you may know, any offer that comes across the table from the IC, such Attorney is bound to have to show it to their client. Then it becomes the clients choice. But, yes, MSA is a big, huge issue. And can cost all within this circle if not touched on.
This is why I asked, yet got no answer to, if there are two claim numbers or just one? If there are two, one can be settled out, but doing that, leaves very little for another settlement down the road for the second claim then. Then if so, MSA can be pushed on over to the second claim, while closing the first claim.

He is bound to show his client but its illegal for such a offer because Medicare's interest has not been taken into consideration.

If a IW will need medical and/or prescription drugs after the settlement and the IW is looking at applying for SSDI, it is illegal for such a offer to take place because the IC is trying to screw the Federal Gov. by not setting up money for future medical needs.

His Attorney should know this is a bogus offer and it should not even be discussed as a option because it is not legal.

I base what I say by what Blake has said and stated in this thread. You cannot settle out with only a lump sum if the IW will need future medical care. If Blake does not need this, then thats different.

I also know that open medical is "maybe" a option but this neither has been discussed by Blake and his Attorney per this thread. I having trouble believing they will leave medical open for life because the IC wants to rid Blake forever.

I have been through this scenerio very recently(May 09). I have a outstanding Attorney. All I want is for Blake to open his eyes and not have tunnel vision over a seemingly illegal 100k offer.

[freebird]

blake Wrote:i only have the one claim on the fusion but from a result of the fusion and return to work i did more damage elsewhere thats not a claim though. all my lawyer did was call me yesterday and said the ins co contacted them to see if i would be interested . the 100k is only what my lawyer thinks im looking at an official offer or me sitting down with my lawyer hasnt happened yet. iam just throwing this out there what my lawyer told me yesterday.

Does your Attorney believe you need future medical or medical for life?
You had said earlier you would be applying for SSDI right?

If you except this offer, the IC will be smiling all the way to the bank because they will have closed your claim without future medical. Your Attorney should know this and if I was you I would be highly concerned.

It is illegal. You close like this here, your private insurance will not pay for your injury. You get approved for SSDI and try and use Medicare for your injury you will be denied.
You open this case back up over these wrong doing's, somebodies butt is going to smoke. Medicare is very serious about there interest being taken care of. When you receive your SSDI backpay, It will be offset unless you have the proper offset language put in your settlement.

Good Luck. I hope you comprehend how serious a issue you could have here. I could try and explain this forever but a good WC Attorney is you key to success along with your knowledge of the system.

I wish the best for you. I have been where you are and I am still fighting currently. Good luck Blake.

[blake]

yup now im officaly confused ill know more when i speak to my lawayer

[Bad Boy Bad Boy]

Blake, I thought some time ago, we talked on Medicare Set-Aside with you. I thought you spoke to your attorney on this issue? If you don't remember, then you need to do some heavy talking again with your attorney on MSA.

It's not confusing...Just Get-er-Done....

Any offer is meaningless, unless you see it on paper....