Here is the post-webinar video from our most recent presentation, “Medicare Secondary Payer Issues in New Jersey Workers’ Compensation Cases” from our New Jersey workers’ compensation webinar training series.
Here is the post-webinar video of our most recent presentation, “Medicare Secondary Payer Issues in New York Workers’ Compensation Claims” from our New York workers’ compensation webinar training series. Attorneys Declan Gourley and Greg Lois discusses Medicare Secondary Payer exposure and how it effects the settlement via Section 32 in New York workers compensation matters.
Social Security Disability Insurance (SSDI) provides protection for injured people who need to return to work without compromising
their rights to other federal and/or state benefits. According to the Social Security Administration, someone is “disabled” if they are not able to work as the result of an illness or injury that will last for at least twelve (12) months.
Here is the post-webinar video from our most recent presentation, “Medicare Secondary Payer in New Jersey.” Three New Jersey attorneys introduce the topic and provide an overview of the interplay between the Medicare Secondary Payer Act and New Jersey Section 20 settlements.
Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Click here to register. The complete archive of prior presentations is here.
Medicare is a federally sponsored health care plan that is available to individuals who are; a) 65 or over, b) to individuals who have received Social Security Disability Insurance (SSDI) benefits for more than two years, and c) to individuals with end stage renal disease. It is common for workers’ compensation claimants to be Medicare recipients.
Common problems with settling cases where the claimant is Medicare- or Social Security Disability- entitled.
The hardest-to-settle cases are often those where the claimant is currently entitled to Social Security disability and/or Medicare benefits. There are two common obstacles posed by Medicare or Social Security disability entitlement are (1) sky-high future medical allocations necessary to satisfy the Secondary Payment obligation of the carrier/employer make the overall settlement unpalatable; and (2) settlements where the claimant/petitioner is afraid to take a lump-sum settlement because their monthly Social Security disability check may decrease.
Problem 1: Medicare’s Future Interest is driving up the settlement.
We must consider Medicare’s present- or future-interest in any settlement where the right to future medical benefits from the carrier/employer is being waived. This comes into play in the following ways in the jurisdictions I practice in when the claimant/petitioner is Medicare entitled:
New York: Section 32 settlements (WCL §32).
New Jersey: Section 20 settlements (N.J.S.A. 34:15-20).