White House Financial & Settlement Consulting, LLC helps families live an easier and less stressful life through the achievement of their financial goals by providing comprehensive, fee-only, client focused financial advice and exceptional service.
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Dealing with Medicare and Medicaid Liens in 3rd Party and General Liability Cases
We had the honor of attending the 2016 Michigan Association of Justice (MAJ) annual convention last Friday (4/15/16) at the beautiful Book Cadillac hotel in the "D"!
The presentation by attorney Donna MacKenzie of the firm Olsman, MacKenzei and Wallace on "Dealing with Medicare and Medicaid Liens in 3rd Party and General Liability Cases" was especially informative.
We have been in the structured settlement business for over 15 years and we have been talking about this subject for about 10 years!
Based on Ms. MacKenzie's presentation I am HAPPY TO REPORT that there is STILL NO BASIS for a Medicare set aside in 3rd Party and General Liability Cases. A Medicare Set Aside is when part of the recovery in a physical injury case is "set aside" and can only be used to pay for future medical expenses, which are a result of the injury, that Medicare would normally cover. Medicare does not even have any mechanism or structure to process set asides in liability cases at this time! However, Ms. MacKenzie also stressed that this doesn't mean they won't require a set aside in the future.
Ms. MacKenzie recommended obtaining a letter from a physician if future medical expenses will not be needed for the claimant.
This week I was contacted by the father of a young man,
let’s call the young man Joe who is age 20.
Joe had suffered a traumatic brain injury as the result of an auto
accident and had received a settlement of $50,000. Joe’s father was concerned because Joe had
already blown through half his settlement in a month due to his discovery of
cocaine, which some new “friends” he was spending a lot of time with introduced
Joe’s father had heard of something called a Structured
Settlement, which he thought may help preserve the remainder of Joe’s
settlement from being squandered. Structured
Settlements are a financial vehicle which have been around since the 1980’s that
facilitate receiving a legal settlement with interest income tax free over time
and can sometimes have benefits over receiving the settlement all at once in a
lump sum, as in this case.
Joe’s father contacted me because my firm, White House
Settlement Consulting that I founded in 2001, has been helping injury victi…