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Do You Need A Workers' Compensation Medicare Set-aside?

Does the total settlement exceed $25,000?


The total settlement amount includes the following: 

1) future medical or prescription expenses;

2) indemnity benefits; 

3) attorney fees; 

4) any settlement advances; 

5) lien payments (including repayment of Medicare conditional payments); 

6) amounts forgiven by the carrier or employer; 

7) prior settlement amounts for the same claim; and 

8) liability settlement amounts on the same workers’ compensation (WC) injury (unless apportioned by a court on the merits).


*Note:  If an annuity will be used in the settlement, the expected payout must be included instead of the cost to purchase the annuity.


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