Carmichael, CA asked in Workers' Compensation for California

Q: Can you utilize MSA money on non med. things if you never seek treatment from Medicare for workers comp injury

I've heard recently that if you never seek treatment for your work-related injury to Medicare you'd be okay in spending the money to live on. Any and all advice welcome.

Thank you

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2 Lawyer Answers
Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: No this is wrong. You can only do this with a petition and the circumstances supporting the petition for such are stringent.

1 user found this answer helpful

Steven James Foster
Steven James Foster
Answered
  • Workers' Compensation Lawyer
  • Chico, CA
  • Licensed in California

A: You may use the MSA account to pay for the following costs when they are directly related to the MSA account:

• Cost of copying documents

• Mailing fees/postage

• Any banking fees related to the account

• Income tax on interest income from the account

You cannot use the MSA funds for living expenses.

Here is a helpful link with instructions on your MSA account:

https://www.cms.gov/medicare/coordination-of-benefits-and-recovery/workers-compensation-medicare-set-aside-arrangements/downloads/self-administration-toolkit-for-wcmsas.pdf

1 user found this answer helpful

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