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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4829
Experience:  Experienced in both state and federal court.
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My husband accepted a $5,000 settlement from an auto

Customer Question

My husband accepted a $5,000 settlement from an auto accident last year. We have now been contacted by CMS stating that we owe them between $1,250 and $2484.53. We knew nothing about this at the time the settlement was offered. Is this true that we need to pay them back?
JA: What state are you in? It matters because laws vary by location.
Customer: We live in IL but the accident was when we lived in TN. Apparently the area we were hit in was in Georgia.
JA: Has anything been filed or reported?
Customer: Yes, everything was filed and reported. We got the settlement earlier this year and received this notice in September.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I need to know what the charges are for this service.
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: Do I have the option to not speak if it is too high for me?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

I'm assuming you receive Medicare, correct? Did you have an attorney?

Customer: replied 1 year ago.
he receives Medicare and no we did not have a lawyer.
Expert:  Chris T., JD replied 1 year ago.

OK. To answer your question directly, yes, you do owe the money back to Medicare. You have a legal obligation to inform Medicare if you receive a settlement of a personal injury claim involving medical expenses covered by Medicare. From their perspective, it does not matter that you were unaware of this obligation. They view it that they paid for your medical costs associated with the injury, and they are entitled to be reimbursed for those expenses.

Expert:  Chris T., JD replied 1 year ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go.