Visitor answer
30 August 2011
I'd talk this over with your attorney. He or she may have
had experience with this issue before. It looks pretty thorny to me.
The question
I receive $806/mo. SSDI. I recently filed a medical malpractice suit. A few weeks later, I received a letter from Medicare wanting any money I receive as they consider my medical care as "provisional payment." My attorney gets 40% of any recovery plus expert witness, etc. I live in a state where damages are capped at $250,000.
How much of the money can Medicare take. I want to make sure my attorney gets paid and I had hoped to have a little bit left to recover my families motel, gasoline, meals, etc. from the 2 months I was on life support.
From the LawyerCentral forum archive. Originally posted 15 August 2011 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
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