The requirements for a Medicare Set Aside (MSA) in Worker’s Compensation cases is well known. An MSA is meant to consider Medicare’s interests when it comes to future injury-related medical care – after all, the injury was a workplace incident so why should the government shoulder all of the future costs of care in the form of Medicare.

More and more attorneys are also heeding this advice in 3rd party liability cases – they recognize the need to consider Medicare’s interests as it relates to future injury related care in these cases as well. After all, a 3rd party caused the injury that will require future treatment. And, the plaintiff seemingly paid into the Medicare system for years through their taxes, why risk forfeiting the hard earned Medicare benefits offered later in life.

It follows that if a settlement is meant to compensate an injured party for future medical care, that plaintiff should use some of their settlement money first, before Medicare kicks-in.

Medicare Set Asides (MSA’s)

Prindable Settlements partners with two key vendors in the MSA arena – the law firm of Cattie & Gonzalez as well as Ametros. The attorneys at Cattie & Gonzalez (www.cattielaw.com) can help you allocate a potential MSA – they do the math to help your client consider Medicare’s interest. When the Cattie firm issues their Allocation Report, I then get to work applying a structured settlement to the MSA numbers. The Centers for Medicare Services (CMS) allows your clients to use a structured settlement to pay the MSA account over time! So, we can use the smaller present value of annuity premium to provide the mandated, guaranteed payments to the MSA account over time.

1st Step - Allocation

This puts more money in your client’s pocket! See the below sample MSA plan that shows you how this works.

2nd Step - Structure MSA