Legal Question in Workers Comp in Pennsylvania

My husband is on disability and has a medicare set aside. If he decides to go back to work, get off disability and medicare will the medicare set aside be released to him?


Asked on 5/03/10, 7:24 am

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

I have spoken on several panels where the subject was MSAa and attended various others. I must admit this is the first time I have heard this particular question. Initially, CMS took the position that it would entertain requests to terminate an MSA if it was not used for a period of years. It later backed off that position. You have nothing to lose by making the request. However, I am doubtful that CMS will be receptive.

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Answered on 5/08/10, 11:24 am


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