Legal Question in Workers Comp in California

when is it necessary for c & r settlement inclusive of a medicare set aside


Asked on 9/04/15, 11:38 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

When an injured worker is 2 years from Social Security qualification, is receiving Social Security right now, or has other Medicare benefits arriving now, the Center for Medicare Services (CMS) will presume the entire amount of the C&R is for future medical benefits it will be paying and will insist you pay the entire amount to Medicare UNLESS you did that MSA (Medicare Set Aside).

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Answered on 9/10/15, 11:41 am


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