Workers Compensation Medicare Set-Aside Consultation and Proposals
In 2001, Medicare announced strict enforcement of the Medicare Secondary Payer Statute and began aggressively enforcing its policy requiring that Medicare’s interests be given reasonable consideration in WC settlements. Since then, the political and economic landscapes have changed dramatically creating additional focus on Medicare.
A handful of attorneys and non-attorneys seized on Medicare’s focus and they created a multitude of fee-for-service businesses. Many insurance companies, as a consequence of the fear-based marketing practiced by these service firms, have spent enormous amounts of time and capital for cases that did not require the complexity of set aside trusts, life care plans and other costly fee-based services. In the alternative, many carriers became reluctant to settle cases and therefore, perhaps unnecessarily, increased reserves.
As we have continued our related work in the disability area, we consistently find that there is a lack of service provided in a manner supported by careful consideration of medical facts, Social Security disability law, and Medicare guidelines. As a result, Bryant Legal Group PC will now accept Medicare work related to Workers’ Compensation and third party cases. We see this as a natural extension of our traditional and highly successful disability insurance, ERISA, and Social Security Disability practice areas. Instead of fear and uncertainty, we offer sound legal advice. Our fee schedule is available upon request.