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.