Medicare Set-Aside Trust

In any case where an injured worker is on Medicare and a settlement of the workers’ compensation claim is contemplated, a Medicare Set-Aside trust must be created.

In cases where a settlement of a workers’ compensation claim is considered and the employee is not yet on Medicare, but it is contemplated that said employee will be Medicare-eligible within 30 months and the total settlement of the workers’ compensation claim is greater than $250,000, a Medicare Set Aside trust must be created.

The thresholds for review of a Medicare Set-Aside proposal are only agency workload review thresholds, not substantive dollar or safe harbor thresholds for complying with the Medicare Secondary Payer law. Under the Medicare Secondary Payer provisions, Medicare is always secondary to worker’s compensation and other insurance such as no-fault and liability insurance. Accordingly, all beneficiaries and claimants must consider and protect Medicare’s interest when settling ANY workers’ compensation case; even if review thresholds are not met, Medicare’s interest must always be considered.

To discuss how your workers’ compensation settlement may be affected by the required establishment of a Medicare Set-Aside trust after your Connecticut workplace injury, contact a lawyer at the law offices of Sousa & Minogue, LLC.

Workers’ compensation lawyers of Sousa & Minogue, LLC, have helped recover tens of millions of dollars for injured UPS employees, construction workers and other Connecticut employees who were hurt on the job.

Maximizing Workers’ Compensation Benefits When Medicare Set-Aside Trusts Apply

Our experience and accomplishments in drafting and obtaining Center for Medical Services (CMS) approval of Medicare Set-Aside trusts on behalf of our own clients have resulted in the protection of our clients’ workers’ compensation settlements and the assurance that future medical expenses will be allowed and paid for under their Medicare coverage. Further, our successes in this area have resulted in our firm being retained by numerous other claimants’ attorneys to draft Medicare Set-Aside trusts on behalf of their clients.

Our clients can rest assured that despite the highly technical and complex aspects of drafting and obtaining approval of a Medicare Set-Aside trust, their interests in this regard will be protected. Further, should other claimants’ counsel need assistance in preparing Medicare Set-Aside trusts for their clients, the attorneys at Sousa & Minogue, LLC, have a proven track record of providing this service.

clients love us

When I injured my back at work my employer denied that my injury occurred at work. Because of this they would not pay me disability benefits and pay for my doctors’ bills. Since my back injury was so serious that it required surgery I could not work. My not having a pay check placed my family in a bad situation.
Although many of the issues in my case were complex, Attorney Sousa constantly met with me to explain what was going on with my case. He answered all my questions. Without the legal assistance I received from Sousa & Minogue, LLC , I do not know where my family would be today.

— Alfred S.

The law firm of Sousa & Minogue, LLC has represented me in my worker’s compensation claim as a result of injuries to my neck, back, shoulders and knees that I sustained while working as a truck driver for United Parcel Service.

— George B.

Around six years ago my wife and I were going through some severe medical conditions which were attributed to work related injuries. We had no money coming in and things were beginning to get pretty hectic. I didn’t know what to do.
When I came to Attorney Sousa I was in financial difficulties and had bill collectors chasing me all over the place. He was able to get me the money I needed and the surgery to fix me. I owe my life to Attorney Sousa.

— Robert and Elizabeth S.

I worked at UPS as a package car driver, while working, my truck was struck by another vehicle. The other driver was at fault. I sustained serious injuries, that with the assistance of great doctors and my family I have recovered from.

— Max T.

I have worked at Sikorsky Aircraft for over 32 years. As everyone knows who works there, our jobs are physically demanding and as a result we are often injured in the course of our employment. This is what happened to me. I injured my back while working.

— Ruth W.

I retained Attorney Sousa to represent me when I was injured at work. Initially I was concerned that if I pursued a claim I might lose my job. Attorney Sousa explained to me the law protected me from my employer discharging me because I filed a workers compensation claim.

— Bruno Z.

I worked for UPS at the Stratford terminal for fifteen (15) years as a package car driver. While working I sustained a number of serious injuries, injuries that required multiple surgeries and caused me to miss a significant time out of work.

— Brian L.

I was employed by the City of Stamford for over 25 years. During the course of my employment I sustained a serious injury to my back. I retained Attorney Sousa to represent me with respect to my workers’ compensation claim.

— Ronald C.