49 year old permanently disabled on Medicare, Medicaid and food stamps to receive car accident settlement. What to do?

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MediCARE can care.
It’s due to Medicare Secondary Payor Act. Just how depends on your states laws. What Act requires is that IF Medicare paid for services or hospitalization that were included in a tort action or lawsuit which led to a settlement, then Medicare is to be repaid it’s costs paid from settlement $$$.

What should have happened is that atty would have set up an escrow like account for settlement $$, from which Medicare is to be paid. You can get a draw against the settlement but not all of it till whatever period of time needed for a claim to be presented has passed.

Medicare 2ndary Payor Act issues has had about 5 postings on this site in the last year or so. What has happened is that the atty did no set aside $ and it’s case closed for them as they shifted responsibility onto the claimant. Medicare has sent collections letters to the person covered and has said that their SS income will be dunned if not paid. One posted that Medicare was suspended on her ex as he got a large settlement but their addiction issues daughter, who was his dpoa, spent the $ and it looked like he was going be made a ward of the state.
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Reply to igloo572
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Definitely talk to an attorney if this is going to be a large sum. You'll want to ensure it's managed properly and avoid issues later on.

And yes, Medicaid & food stamp office will need to be informed.
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Reply to AnonymousMember
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Yes, maybe able to set up a Special Needs Trust.
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Reply to JoAnn29
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Also, if it's a quite large amount contact a lawyer about setting up a trust.
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Reply to vegaslady
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Report the lump sum payment to the welfare office that handles the food stamps and Medicaid. They will know how/if it affects benefits.
It's irrelevant to Social Security/Medicare so that office doesn't care.
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Reply to vegaslady
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George, I am moving your question back toward the front of the forum. Hopefully a caregiver who has experienced this can answer your question.
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Reply to freqflyer
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