Medicaid Taking My Son's Money

[actusreus73]

My question involves an injury that occurred in the state of: Idaho

I got an amount (100k) for my son from the bad guy's insurance. My health insurance paid over 400k, but they settled early with my lawyer for 22k. Unfortunately, medicaid has so far paid 75k, and they don't want to settle on any lesser number. After my fees to the attorney are paid, I don't think my son will get anything. My lawyer says that at the minor's compromise hearing when the judge decides what to do with the 100k, he can agree to give medicaid less than their whole amount. Is that true? What are the chances?

[CourtClerk]

A judge can do what he wants as long as it's legal (and yes, it would be legal), but let me ask you this.

The government was nice enough to pay out 75k to care for YOUR child. Why shouldn't they be paid back?

[Who'sThatGuy]

If your health insurance company settled for 22K, medicaid wants 75K and your lawyer takes 33K your left with nothing. Actually after the health insurance and your lawyer are paid there will only be 45K left for medicaid, your minus 30K.

Is your case still in negotiations?

[actusreus73]

An elderly lady hit my son and his dad when they were driving. My ex-husband received scrapes and bruises. My son (6 years old) was in a car seat, but that didn't prevent him from receiving massive brain trauma that has confined him to a wheelchair, likely for life, without the ability, or anticipated ability, to speak, with a seizure disorder that leaves him drooling and sobbing every couple of hours and takes massive amounts of medication to control. He can't feed himself and will never be anywhere close to normal. The woman is on social security, and has a very modest house in her name which I told the lawyer I don't want to go after. I have primary custody of my son, earn $11.00 per hour at Target, and my ex husband's child support is $350 per month. So, this $100,000.00 is pretty important for things like rehab, some of which medicaid won't pay for, a nicer wheelchair, and other stuff like that.

I assume you didn't know these things when you posted that I should want to pay the government back, basically suggesting that I'm some deadbeat trying to scam our government, or you wouldn't have posted such a callous comment. If you know now, and still don't care, may God have mercy on your soul.

To answer the second post, the case is not really in negotiation, because the insurance company already offered the policy limits, and there is no under-insured coverage. My attorney tells me it is all about seeing whether or not we can work with the subrogation claimants to attempt to get the most out of the fee. He told me he will reduce his fee dramatically if medicaid will reduce their lien, but he won't reduce it so the government gets more. Even if he takes his whole fee, he said he will share a large portion of it with us.

Any advice would be great. I trust our lawyer, but I just don't want to miss anything.

[Dogmatique]

What exactly is Medicaid refusing to cover?

There is a reason for my question.

[Who'sThatGuy]

You should really think about going after assets that this lady has. your not doing it for yourself, your doing it for your son. His condition will wipe out what is left of the 100K in no time at all. Eventually she will sell her house and owe you a large sum of her profit. Maybe she will even get a part time job and contribute that way as well.
It sounds like you have a really great lawyer working for you if he plans to split his fee with you if medicaid doesn't budge, but you need to rethink about going after assets and talk to your lawyer about it once again.

[Dogmatique]

You should really think about going after assets that this lady has. your not doing it for yourself, your doing it for your son. His condition will wipe out what is left of the 100K in no time at all. Eventually she will sell her house and owe you a large sum of her profit. Maybe she will even get a part time job and contribute that way as well.
It sounds like you have a really great lawyer working for you if he plans to split his fee with you if medicaid doesn't budge, but you need to rethink about going after assets and talk to your lawyer about it once again.

I'm sorry, what?

This "old lady" is eventually going to sell the house, at a profit?

AND get a part-time job? When she's ALREADY drawing social security?

Really? You're psychic now?

OP, this is HORRID advice.

[jk]

I assume you didn't know these things when you posted that I should want to pay the government back, basically suggesting that I'm some deadbeat trying to scam our government, or you wouldn't have posted such a callous comment. If you know now, and still don't care, may God have mercy on your soul.

It's not that people don't care but a matter of reality. Whether SS pays for anything in the future or not, SS has paid for expenses. You are receiving compensation based on the damages that were the reason for those expenses. SS has the right to seek recompense for money they already paid out.

If the insurance company hadn't accepted the $22k, would you be saying the same thing about them? They would have taken every last penny of the award all by themselves. Would that have been wrong? SS is in the same position.

edit to add: I have nothing but sympathy for your situation. I cannot imagine having to provide care for a child in such a situation. It is terrible that your child's life was so negatively altered and will not be able to enjoy life as most children do. The law is not intended to be cold but just the same, it also does not allow itself to make decisions based on sympathy either. There are rules that must be followed. That is just the way it is. It sounds like your lawyer it doing everything he can to benefit you. He can only do so much though.

[Who'sThatGuy]

Right, there will come a time when she has to sell the house, she isn't going to live forever and if she gives the house to a relative the lien comes with it. Hopefully she isn't under water like 90% of the country. If this lady bought her house prior to 2001 chances are she is doing well with equity in her home. You don't have to be psychic to figure that one out...

I also said MAYBE she would get a part time job as well to contribute money to her son, not that she had to get a part time job.

[rymfire4]

I think the judge is going to sympathize with your situation & your son's condition. They are saying it is legal here- so I think you are NOT going to have to pay Medicaid back.

There ARE times when the government MUST provide for the ppl with its available resources.

This looks like one of them.