1-19-07

            When Medicare beneficiaries have personal injury claims special regulations and law require that before settlement money can be paid, Medicare's potential reimbursement claim must be resolved.   One of the most frustrating experiences for someone who settles a claim is to have their attorney explain to them after the case is settled that they have to wait until Medicare's claim is resolved before they can receive their settlement funds.   This is required by federal regulations and there really isn't anything at present your lawyer can do except process the resolution process as quickly as possible and periodically reviewing the matter with Medicare to see where they are in the review process.  

            Unfortunately, at present, Medicare's recovery system is operating at a snail's pace and the frustration is growing.   The frustration that personal injury claimants feel is shared by your lawyers.   That is why personal injury lawyers have been notifying their representatives in Congress to document the problem and to request solutions.   This problem must be resolved to expedite the closure of claims and the processing of our clients' settlement funds.

            The good news, however, is that there is a process whereby Medicare will reduce the amount that it claims it is entitled to and we are familiar with the process for obtaining a reduction in the repayment amount.  This is an important part of increasing the net settlement money you recover.

            So, if you are covered by Medicare and Medicare pays even a small portion of the medical expenses related to your personal injury claim, be prepared for a delay after the case is settled while the Medicare reimbursement claim is resolved.

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