Legal Question in Workers Comp in Michigan

Re: ss disability and comp settlement

Your Social Security may go down a bit but it will not be eliminated. However, your lawyer must know to write to Medicare to obtain a "set aside". These are funds put into a special account administered by yourself. This account is used to pay your job related medical. Once it is used up, then Medicare will pay. Your lawyer must know about this stuff. William S. Stern

Re: ss disability and comp settlement

You must be very careful when you settle a workers comp case when you are on Social Security and Medicare.

Medicare adopted a Rule some years ago that said it would not allow claimants to settle Workers Comp cases and try to dump the medical bills from the accident on Medicare. In order to prevent this CMS, the agency that regulates Medicare, says any Workers Compensation settlement "must" be submitted to it prior to final settlement. CMS will then review the settlement and will only approve it if Medicare's interests are protected.

Also, Social Security is usually reduced or eliminated if you receive Workers Compensation benefits. This includes benefits received in the form of a settlement. You need to consult an attorney who specializes in the relationship between Social Security, Medicare and Workers Compensation.

If the accident happened in Michigan, the settlement will be governed by Michigan law. However, medicare is a federal right and governed by federal law.

Jerry Lutkenhaus

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