Canton, GA asked in Workers' Compensation for Georgia

Q: I am 65 years old , I was injured on the job a year ago . I worked and drew my social security . i dont

have the medicare part on ss. W/c wants to set aside money . Can I waive that simply because medicare isnt responsible now why would they be responsible for my injury if i needed medical help ?

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T. Andrew Miller
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Answered

A: The short answer is you have to have a Medicare Set Aside because you might be Medicare eligible in the next two years, even if you aren't right now. The fact that you are on Social Security makes it more likely that you will be Medicare eligible, which means that both parties to the settlement must protect Medicare from having to pay for treatment for your work injuries in the future.

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