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Why was a settlement payment to me and my sister over our…

Customer Question
Why was a settlement...

Why was a settlement payment to me and my sister over our father's death settlement reduced by 1003.00 for medicare reimbursement when he died over 10 years ago?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

I'm in florida my sister is in Alabama settlement firm in tex.

Lawyer's Assistant: What documents or supporting evidence do you have?

A letter from nix Patterson & roach that came with the check

Submitted: 11 months ago.Category: Legal
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9/22/2017
Lawyer: Expert James, Lawyer replied 11 months ago
Expert James
Expert James, Lawyer
Category: Legal
Satisfied Customers: 13,563
Experience: I hold a JD and have more than 12 years of legal experience.
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

Give me some background on the case. What happened?

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Customer reply replied 11 months ago
MY FATHER DIED FROM ASBESTOS A OVER 10 YEARS AGO AND MY SISTER AND I HAVE RECEIVED SOME SETTLEMENT MONIES OVER THE YEARS BUT NOTHING FOR PAST 3-4 YEARS. THEN YESTER MY SISTER GOT A CHECK FOR $912.00 THE SETTLEMENT WAS FOR 3400.00 THEN LEGAL FEES OF 1360.00 125.00 EXPENSES THEN 1003.00 MEDICARE REIMBURSEMENT...WE UNDERSTAND ALL BUT THE MEDICARE
Lawyer: Expert James, Lawyer replied 11 months ago

Please do not write in ALL CAPS. It 1) makes it hard to read, and 2) makes it seem like you are shouting at me. Your answer is forthcoming in a few minutes. I am preparing it now.

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Lawyer: Expert James, Lawyer replied 11 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: First, I'm really sorry to hear about your father. That must have been very stressful and sad for your family.

In terms of your question, usually, when there is a deduction for Medicare reimbursement in a settlement, it is becasue Medicare must have paid for some of his medical costs while he was sick. If the asbestos settlement sought payment for medical expenses from the defendant and those were awarded, then whatever was paid by Medicare to cover medical costs has to be paid back to Medicare. Why? Because the way the federal government looks at it is he did not have money to cover costs, so Medicare helped. But since costs were paid to his estate in the settlement, he then his estate has enough money to pay Medicare back. Does that make sense?

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Customer reply replied 11 months ago
thanks
Lawyer: Expert James, Lawyer replied 11 months ago

No problem at all. Please make sure to give me that positive rating of 4 or 5 stars for doing a good job explaining this to you. Otherwise, it is as if I did not help you at all, and like you, I want to get credit for doing my job. Thank you!

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Lawyer: Expert James, Lawyer replied 10 months ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Do you need more help? Please respond so that I know what to do next.

Thank you!

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Lawyer: Expert James, Lawyer replied 10 months ago

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