Re- Injured Neck While on Disability...

by Sherry
(Louiisville, KY)

I slipped on clear liquid at a grocery store, it's very similar to a case that was given as an example on this site. I was already disabled from previous injuries (broken neck). At the time of the fall I was doing fairly well, after several surgeries. Since the fall I am back to square one. I had a pain stimulator implant, and when I fell it ripped the wires 2 inches, so the machine is not working properly.

Also, prior to fall I had a knee replacement, so it also re-injured the knee. Both doctors want to redo both surgeries, which I am just tired of being cut on. I have had several fatal surgeries in my life, with the last one being a close call, my lungs collapsed. This fall has re-injured my new knee replacement and ripped the scar tissue in my neck that was holding my leads in place for my stimulator.

One question, like I mentioned before I was disabled prior to the slip and fall. If by chance I do settle the slip and fall case, what will happen with my Medicare insurance in the future? Will they decline to pay my bills because it was a slip and fall case?

Most of my medical treatment is the same as far as procedures. The fall has just re-injured my previous injuries or made them worse. I do understand if the case is settled Medicare will be reimbursed, but my main worry is if Medicare will decline my future bills, due to the settlement. I have heard of a set aside for medicare.

Both my doctors said the only way to see real damage is to have surgery because I have so much metal in me, and a MRI would not work. I have had so many severe surgeries, this time in my life I am afraid to have surgery.

If you could help me to better understand the rules of Medicare and if they will cover my treatment for this re-injury, it would be great. My previous injury was a broken neck and now after the fall the pain is worse than ever.

Thank you for any input you can give. Eventually I will also have to get my knee redone, because most knee replacements last 10 years. Would I also have problems with Medicare paying this in the future do you think? Thank you.

Visitor Question:
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ANSWER for "Re- Injured Neck While on Disability...":

Sherry (Louiville, KY):

If the Social Security Disability Department has formally classified you as "Disabled", Medicare should pay for any medical treatment you need. Medicare will always be available if you are disabled and injured. If you haven't violated those rules you shouldn't have a problem. You will continue to be covered regardless of how many surgeries you will require.

At this time Social Security Disability will remain available, and hence Medicare, if you are working but not making more than $700.00 dollars monthly. Additionally, whatever money you are making will have to be reported to Social Security's Disability Department to maintain your Medicare benefits.

If you have access to a computer you will be able to find a great deal of information about Social Security and Medicare and the manner in which they coincide. That site is: http://www.socialsecurity.gov/pgm/medicare.htm.

If you receive a settlement for any personal injury you will have to reimburse Medicare for any amounts you were paid. Medicare will have a set aside or maintain a "lien" on those proceeds.

If you are hurt and continue to follow the guidelines set out by Social Security, re-injuries will be covered regardless of how many surgeries you will require.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION