Why You Should Care About Medicare When You Win a Settlement
Winning a personal injury or workers’ compensation case can be life-changing. But if you’re on Medicare—or might be in the future—it’s critical to understand how Medicare Set-Asides in injury settlements work.
This step, often called a Medicare Set-Aside, helps protect your right to Medicare coverage after your settlement. And now more than ever, the government is watching closely to make sure it’s done right.
What Is a Medicare Set-Aside (MSA)?
A Medicare Set-Aside is a portion of your settlement that’s set aside just for future medical expenses related to your injury. You use those funds before Medicare kicks in.
If your lawyer skips this step or does it incorrectly, Medicare can:
- Refuse to pay future bills related to your injury.
- Delay or deny your coverage.
- Even come back after the settlement to claim reimbursement.
That’s why CMS (Centers for Medicare & Medicaid Services) is now increasing enforcement—and that affects you.
How Stricter Rules Affect You, the Plaintiff
CMS has made it clear: they expect settlements to properly account for Medicare’s interest.
For you, this means:
- More pressure on your legal team to follow the rules.
- More risk to your benefits if they don’t.
- More importance placed on working with a planner who knows how to structure your settlement the right way.
At The Architected Settlement Law Group™, we’ve seen how easy it is for injured plaintiffs to get caught in the middle. Your lawyer might be focused on winning the case—but the long-term planning side is just as important.
3 Questions You Should Ask Before Accepting a Settlement
If you’re approaching a settlement and are on (or expect to be on) Medicare, ask:
- Is anyone reviewing how my settlement affects my Medicare eligibility?
- Will a Medicare Set-Aside be needed—and who’s setting it up?
- Who’s making sure I stay protected after the case is over?
If no one has a clear answer to those, it’s time to talk to a settlement planning expert.
Why Plaintiffs Work with The Architected Settlement Law Group™
You get one chance to get your settlement right.
We help ensure your future medical care and public benefits aren’t put at risk—because once the settlement check is gone, it’s gone.
Our team works alongside your lawyer to:
- Determine if a Medicare Set-Aside is required
- Ensure funds are properly allocated and protected
- Keep your future medical care safe and compliant
Your Case Is Over. Your Life Isn’t
If your lawyer’s job is justice in court, ours is justice for life.
Let’s make sure you keep the benefits you deserve.
Schedule a free consultation with The Architected Settlement Law Group™ today.
