A Medicare Set-Aside (MSA) is money that is part of a settlement but can only be used for post-settlement, work-injury related medical expenses that would be covered under Medicare if they were not due to a work injury. Because of the Medicare Secondary Payer Act, and even dating back to the original Medicare law in 1965, Medicare is not permitted or required to cover medical expenses related to the work injury.
Some attorneys do not like to deal with MSAs or cases that involve MSAs and some attorneys even discourage their clients from applying for Social Security Disability. Since Social Security Disability cases, if successful, also allow the injured worker to obtain Medicare; the decision not to pursue Social Security Disability can result in the loss of two kinds of valuable benefits, both monetary benefits for injured workers and their families and health benefits are effected.
At George & Wallach, LLLP, we are concerned about providing for your present and future medical needs not just settling your case. If those needs suggest that an MSA would be beneficial or if the law mandates an MSA in your particular circumstances, we do not shy away from the case for that reason. We know that the MSA provides a great deal of comfort and security to our clients in terms of medical needs resulting from the work injury.
We have noted that many attorneys are refusing to handle cases involving work injuries to employees of the State of Georgia that are handled through DOAS. At George & Wallach, LLLP, we are willing to handle DOAS cases. Employees of the State of Georgia need representation too and the fact that the State of Georgia presently refuses to settle cases is not a reason for us to refuse to help these important employees, nor to allow the State to mistreat its employees because no attorney will agree to help them.
When you are selecting an attorney, you want more than someone who talks aggressively, has a good marketing campaign, a friendly demeanor, and an attractive office staff.
You want someone who has exceptional knowledge of Workers' Compensation Law. At George & Wallach, LLLP, we pride ourselves on knowing the law as it exists now, its history or "how we got here," and how the law may provide lesser known avenues for us to help you with your case. It is not likely to be the best result for you to have an attorney who has a shallow understanding of the law combined with an overriding interest in the financial aspects of the case or to be overly "money-focused" from the time he or she is hired. We maintain a focus on the entirety of our clients' needs and know that by knowing the Workers' Compensation law and its limits and "pressure points," we can obtain all of the benefits to which you are entitled. By doing the hard work of building a solid and righteous case, we can maximize the benefits to you.