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Medicare Set-Aside Trusts

Medicare Considerations in Workers' Comp and Other Claims

Under federal law, Medicare is a secondary payer for any injury. This means that, if a person is injured and is receiving or will soon be eligible to receive Medicare benefits, all funds from other payors must be exhausted before Medicare will begin to pay. In addition, if Medicare pays for treatment and a settlement is later obtained from another source, Medicare has the right to be reimbursed from the settlement.

In cases where an injured person who is eligible for Medicare benefits is expecting a settlement from another source, a Medicare set-aside trust must be created. The money in the trust is used for the injured person's care. When the money from the settlement is depleted, Medicare benefits for the injury will begin. Medicare set-aside trusts can become necessary in a number of cases, including workers' compensation or personal injury claims.

Helping You Through a Complex Process

At the law firm of Kathryn Williams, P.A., we represent clients throughout the Greenville area and upstate South Carolina. We have extensive experience handling Medicare issues in workers' comp and other types of claims. You can count on us to be there with you at every step, working to ensure that your interests are protected.

We will walk you through the entire process, from completing the forms necessary to establish the trust, to consulting with life care planners and other experts to help us determine how much the amount of the trust should be. We understand how overwhelming it can be to work through unfamiliar legal issues. It is our commitment to help you through the process in the most efficient and stress-free manner possible.

Discuss Your Case With a Lawyer

Contact our office today for a free initial consultation about your Medicare questions. In Greenville, you can reach us by phone at 864-640-8430. In upstate South Carolina, call us toll free at 1-877-548-8754. You can also reach us via e-mail. There are no up-front attorney's fees — we are paid from any benefits we secure on your behalf. If we don't recover benefits for you, there is no fee.

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