Medicare Lien Personal Injury Settlement

If you achieve a settlement for a client in a personal injury case who received Medicare benefits, there’s an additional layer of work to be done. That client will be required to use settlement funds to repay Medicare for the money spent on injury care. Depending on the amount, Medicare liens in personal injury cases can garner the entire settlement. So it’s not as simple as giving Medicare their due. The assistance of a group who understands the process of working with Medicare can be greatly beneficial to your client. The experts at Synergy Settlement Services have the knowledge and resources necessary to achieve a positive outcome when dealing with Medicare liens involving personal injury settlements.

Dealing with Medicare Liens in Personal Injury Cases

Personal injury cases involving Medicare can be particularly difficult because of Medicare’s lengthy process and inflexibility when it comes to settlements. First, Medicare must be notified if your client has been injured and requires medical care. If your client files a claim, but doesn’t notify Medicare that they were involved in an accident, they will be subject to fines. After your client receives medical treatment, Medicare will send a conditional payment letter, which lists all medical procedures that they have paid for. We will review this letter and contest any procedures that are unrelated to the personal injury claim.

Medicare will not reduce the amount of a Medicare lien placed on a settlement agreement; however, there are a few circumstances in which we can pursue waivers for your client. This includes:

  • If the probability or the amount of a recovery doesn’t warrant the pursuit of a claim, a waiver or a compromise may be established, according to the Federal Claims Collection Act.
  • If a waiver is in the best interests of the Medicare program, according to the Secretary of Health and Human Services.
  • If the lien is against a person without fault and would either defeat the purposes of Social Security or Medicare or would be against “equity and good conscience.”

About Synergy

For more than a decade, Synergy has worked with attorneys and their clients to provide innovative lien resolution services. We have the experience, contacts in key agencies, and the myriad of resources necessary to help your clients keep as much of their settlement as possible. Working with Medicare is an arduous, but necessary process. Let us handle this on behalf of your clients so that you can focus on core tasks.

For more information or to schedule a consultation, please submit our contact request form or call (877) 242-0022.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

TESTIMONIALS

"In my business as a plaintiff’s products liability lawyer, everything begins and ends with our clients. In our firm we never handle a significant case without the assistance of Synergy. Why? Very simple: we trust Synergy with our clients. Yes, Synergy only works with plaintiffs. And yes, they are highly technically proficient and know this business cold. But what makes them different from others is that they listen to our clients, make our clients comfortable with complex issues, and always put the interests of the client first. In my opinion, because of their unique ability to handle people with sincerity and compassion in their time of crisis, they stand head and shoulders above his competition."

Richard Newsome
Newsome Law Firm, Past President of Florida Justice Association

I wanted to pass my highest recommendation to Synergy who we routinely get involved in cases when Medicare issues come up, especially when dealing with Medicare Set Asides. Synergy went beyond the call of duty in a recent case that was settled and dealt one-on-one with our clients and their family. They spent time on the phone with them to be sure they got all their questions answered and did a fantastic job dealing with Medicare.

J. Daniel Clark
Clark Martino, P.A.

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