by Thomas D. Begley, Jr., CELA
In settling of a personal injury case, commonly called a third party liability case (TPL), a Medicare Set-Aside Arrangement (MSA) should frequently be considered. Many Lawyers and Structured Settlement Brokers believe that if the client is not currently receiving Medicare, an MSA need not be considered. However, the Regulations require consideration of an MSA even if there is a “reasonable expectation” of receiving Medicare within thirty months. Individuals receiving SSDI or RRD are eligible for Medicare within twenty-four months of their Determination of Disability. Therefore, an MSA should be considered if:
Plaintiffs’ attorneys might want to consider putting this checklist inside each file to determine whether or not an MSA is appropriate.
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Determine the following:
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