Legal Question in Personal Injury in New York

Received a letter from Medicare

Dear Sir/Madam,,

I have been on SSDI since 1997 and was involved in an automobile accident in 2005.Medicare sent me a copy of the letter for the insurance company to pay for no fault entitlement.

I called Medicare and they explained to me that since this is not a workers comp case that the insurance has the obligation to pay up to the limits of the policy.

Originally,the insurance company sent me to an office where three of their doctors saw me in the space of 45 minutes.They all stated that I was able to work.

I was a super who worked for room and board and cannot perform my duties.I recently had a lumbar fusion and my neck area will be next.

Since Medicare stated to me that this was not a workers comp case and my MRI films from the beginning showed that I had herniated and bulging discs,could the insurance company still refuse to pay the bills,thus saying that I was not injured at all?


Asked on 8/16/06, 1:50 pm

2 Answers from Attorneys

Re: Received a letter from Medicare

If the no-fault doctors say you are fine, no-fault will stop paying your future medical bills. Did you start a lawsuit on the accident case? If not, please contact me as we are the biggest comp firm in NY, have a large negligence practice and also do disability.

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Answered on 8/16/06, 1:52 pm
Scott Levinson Korybski & Levinson

Re: Received a letter from Medicare

The no-fault carrier can stop paying your medical bills based upon your medical exams. However, you have the right to appeal that decision and force them to pay. Additionally, if no-fault stops paying then Medicare should pick up the bills. They can then seek reimbursement from you or no-fault. If they go after you, you can then go after no-fault to pay up to their policy limits. My firm handles these types of cases and I am available to discuss this further with you. Please let me know if I can answer any additional questions.

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Answered on 8/16/06, 2:38 pm


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