Legal Question in Personal Injury in New York

My father won a settlement from a bunch of asbestos companies about 10 years ago. We have recently received a letter from Medicare looking to recoup any money that they payed out for his care. Is this legal? Do they have to file for this money in a certain time period? Will others be able to come after us for money such as private health insurance or social security benefits?


Asked on 7/12/15, 9:51 am

2 Answers from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Medicare will not leave your dad alone. Any medical expense, no matter whether related to his exposure to asbestos or simple cold, will be a platform for Medicare to demand subrogation and payment. You had better retain an attorney for a reasonable retainer, for this scenario will unfold for decades to come. Private health insurance and SS benefits are not affected by your dad's settlement considering he is a New York State resident.

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Answered on 7/12/15, 10:57 am
David Slater David P. Slater, Esq.

His attorney should have advised him of this.

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Answered on 7/12/15, 2:10 pm


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