Do I need to find another Workers Compensation Attorney or attempt to represent myself?

Typically the Claimant has no choice in whether to do an MSA if they want to settle. Social Security/Medicare have guidelines for when those are applicable. Both the attorney and the insurance carrier can be liable to Medicare if they fail to do an MSA in those situations that one is required.

If you settle out your medical care, you probably have no choice, by law, but to have an MSA. Medi-Care will require it. You do not, however, have to settle out your medical care. You can get less money and keep the medical care open but in the present climate, it is becoming near impossible to get the insurance companies to authorize treatment. So you might take less money to keep the medical care and then not get the medical care either! If the insurance company is denying your medical care since July, that is just a taste of what's to come and the way the laws are written now, there's not much your attorney can do about it. So, firing your attorney will probably not get you your money and avoid the MSA. Firing your attorney will probably mean you won't be able to find any one new to take over. Firing your attorney won't help you get your medical treatment. Look carefully before you jump.

An MSA is a federal requirement, you cannot settle a claim without one if you are receiving Social Security benefits or are likely to within 30 months. This is the same in every state.

An MSA is required if you are a social security and/oro medicare beneficiary- based on age, settlement among is also a factor. By law, the parties have to secure an MSA ( if required), in order to protect medicare's interests. The parties can be held liable if this is not done. I think more information is needed to determine if you were told an MSA was needed or if you were explained a STRUCTURED settlement- it's a different thing. MSA allocates money from your settlement to future medical care. This means that if you want to request benefits from medicare,you have to exhaust the amount that was allocated from your settlement first before you request medicare benefits. A structured settlement is a proposal where you receive some money upfront and then payments. There is a lot that needs to be discussed. Trust the advise of your attorney. With regards to your mileage, they may have offered you a lump sum and they told you that it settles everything including mileage. This is common, if there is outstanding mileage the insurance is not going to leave a claim for mileage open and settle everything else. This tells me that you probably have not submitted mileage reimbursement requests, you should send them to your attorney if you decide not to settle. If you have had your attorney since the beginning of your claim( 2004), your attorney is going to know more about your case than any attorney on an internet blog. If you don't trust your attorney anymore, go get a consultation with another attorney, but be sure to bring your complete medical file. Good Luck!

It seems to me that you do not have a clear understanding of how all of this works, or of what your options actually are. You should sit down with your lawyer and get him or her to answer all your questions and explain everything to your satisfaction. You should do this before you make any more decisions about your case.

NOBODY can 'force' you to 'take' an MSA. The insurance company will refuse any 'lump-sum' settlement without an MSA. But nobody can force you to agree to any set-aside. Since you are not willing to do any MSA, you have just two choices: a Trial wherein the WCAB Judge makes an 'award' of a certain percentage of permanent disability based on the ADMISSIBLE medical evidence submitted at trial, or the Stipulations With REquest For Award document. Either the award by the judge or the Stipulations With Request for Award keep future medical rights open, so the Center for Medicare Services (CMS) is not involved. You get an award of only words, medical treatment IS required, but no dollars for those words. If you have received all of the permanent disability payments due in the medical reporting, then any Stipulations or award at trial will give you no cash, just those words, 'medical treatment is necessary'. If you need to 'cash out' your future medical rights, the only way to get that cash is to accept the reality of the MSA. there is no need to wait until a court date to dismiss the attorney. You can file and serve a Substitution of Attorney form today and file it at your WCAB... then you are on your own. But the WCAB Judge will award the attorney some fee for his time, so you will bring the case to a close and the attorney will still be paid.

An MSA is there to protect you. After you settle a workers compensation claim, Medicare can have you pay, or collect back from you costs for treatment that you get after your settlement that would otherwise be covered by Medicare. By getting an approved MSA, you limit the maximum amount that Medicare can collect from you, and it will also help to make sure all that money is included in your settlement. In most cases that money is paid to you and self administered. An MSA is in your benefit. There is a good chance that settlement, in the current environment of UR and IMR denials, is a better choice for many people, however, it is not your attorney's choice, it is yours. If you are unhappy with your attorney's advice, perhaps you want to consult with another attorney, who, very well may tell you the same thing your attorney is, or maybe not... it really depends on your situation. If you are in a situation where the insurance carrier is providing you with 24 hour care, or you are getting other treatment not covered by Medicare, then, your case may be different then many others. Good Luck!

I agree with the answers of all my colleagues. I thought Mr. Borah's answer was very succinct and very helpful.