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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have a workers comp case that U have been offered

Customer Question

I have a worker's comp case that U have been offered a settkement of $250,000 as a nuisance claim. I am on Medicare, Medi-Cal and SSDI since 2003. This has been a denied claim and I have bot received any sums from WC. My attorney who recommended I take the settlement is not able to help me regarding Medicare, Medi-Cal or SSDI and said I needed to hire someone for advice. The other side has offered sums to go into my Special Needs Trust and the rest to an Annuity starting when am 66. I also have a small internet business. I need help yesterday. Thank you. Doreen xxxxxxx XXX-XXX-XXXX

Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question. Please be advised that we cannot directly advise you here or act as your attorneys. While we can answer your qustions and rovide you with information, we cannot contact you off-site or via phone. How can I assist you?
Customer: replied 4 years ago.

I need an attorney who can handle the structured settlement while looking out for my Medicare/Medi-Cal SSDI needs. My current attorney told me to seek out counsel. I am 58 years old and live in assisted living. The WC case has been denied since 2003.

Expert:  Dimitry K., Esq. replied 4 years ago.

What I can provide are suggestions on how you can obtain your own counsel. Would that suffice? I really cannot act as your attorney in this matter.
Customer: replied 4 years ago.

I know about the bar association and legal aid. What I need is language for the settlement agreement that protects me. Other side wants to claim no liability and call it a nuisance claim. They are getting the Medicare set aside agreement allocation to zero. I need to know what wording needs to be in the settlement agreement so that there will be no offset in SSDI or SDI such as Reimbursement for Assisted Living Costs, attorney;s fees and costs from 2005 to present. Plaintiff and Defendant agree that this is not compensation for lost wagess, personal injury or medical expenses incurred now or in the future regarding these claims. That should equal $250,000.
I just need some help and a recommendation that a federal court judge needs to approve the settlement agreement or whatever judge is compentent jurisdiction for medicare, thanks.

Expert:  Dimitry K., Esq. replied 4 years ago.

I am going to go ahead and opt out. Based on what you are seeking, it appears you want specific language and representation, something we cannot create for you or provide for you via this venue. Since this violates our site rules, I will forward your question for a refund. Please be well.