Legal Question in Social Security Law in Illinois

Medicare payments

My sister was injured in an accident and won a jury award of $125,000. Her attorney received $10,000 expenses and one third of the balance. He now tells her she must reimburse Medicare for payments they have made for medical treatment required as a result af the accident. Is this correct? If she has additional medical expenses related to the accident would she be required to pay those also? Thank you,-

Asked on 7/23/01, 7:11 pm

1 Answer from Attorneys

David Tuggle Tuggle & Schiro

Re: Medicare payments

Medicare has a formula that is used when determining what must repaid. Medicare takes into consideration things like the amount of medical bills in question, attorney's fees and litigation expenses in determining what they will accept as satisfaction of their lien. It may take many months to get an answer from Medicare. Also, you may be dealing with both Medicare Parts A and B depending upon the medical services covered. As far as future medical expenses, I am unaware of any clients being pursued for medical expenses paid for by Medicare after resolving the subrogation lien with Medicare. Best of luck.

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Answered on 7/24/01, 12:03 pm

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