MEDICARE SET-ASIDES: IS COMPLIANCE WORTH WHILE FOR THE INJURED PARTY?

If you have a personal injury case, or a workers’ compensation case that is being resolved with a final settlement (known as a Section 32 settlement), and you are (1) receiving Social Security Disability; (2) have an application pending; or (3) are expected to be Medicare-eligible within the next 30 months, you can expect to be told that a “Medicare Set-Aside,” or “MSA” is required. The MSA is the amount of money that Medicare requires you to set aside out of your settlement to pay your future medical expenses. Depending on your situation, you might be better off honoring the MSA – or ignoring it.

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