Laura Jenkins May 1, 2020

Comprehensive Medicare Set Aside Rules and Memos

What is a WCMSA?

A Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) is a financial agreement that allocates a portion of a workers’ compensation settlement to pay for future medical services related to the workers’ compensation injury, illness, or disease.

What is a Responsible Reporting Entity (RRE)?

The party that is responsible for funding a claim payment to an individual eligible for Medicare benefits is considered the Responsible Reporting Entity (RRE) under the provisions of the Medicare, Medicaid, and SCHIP Extension Act (MMSEA) of 2007. The RRE must register with the Centers for Medicare and Medicaid Services (CMS) and report electronically all claims and claim payments related to any workers compensation, general liability, or automobile no-fault claim where the claimant is also entitled to Medicare benefits.

Step 1 – You must determine if plaintiff is entitled to Medicare benefits.

Step 2 – If plaintiff is beneficiary – RRE must report additional data about the beneficiary – including injury, and settlement date or date that reporting entity is no longer legally responsible for payment of medical claims. Laura S. Jenkins has taught on and has the depth of understanding necessary to not only explain the nuances of Medicare Set Aside inside and out in laymen’s terms to you, but she can help you navigate through this complex topic that is often necessary during Workers’ Compensation matters.

Laura Jenkins

May 10, 2019

Motor Vehicle Collisions, Intersections and the Triangle

Laura Jenkina

Approximately four of every 10 car accidents occur at intersections, according to the National Highway Traffic Safety Administration (NHTSA). In North Carolina, there were more than 128,000 intersection crashes in the most recent year of complete traffic data, including 42,000 intersection collisions involving injuries and 402 involving deaths, according to the N.C. Department of Transportation. Intersections have traffic converging from multiple directions. Changing traffic patterns and multiple lanes of traffic can make it difficult for some drivers to keep track of the approaching vehicles. Distracted or inattentive motorists may rear-end another vehicle at a traffic light, fail to yield the right-of-way, or make any number of illegal driving maneuvers, causing an accident. Dangerous Intersections in Raleigh Thousands of motorists use the streets, roads and highways around Raleigh for commuting to work, school or travel. The intersections listed below have higher than average numbers of crashes and are among the most dangerous intersections in Raleigh:

->Poole and New Hope Road

->Hammond Road at Tryon Road

->South Wilmington St and East Davie Street

->Edwards Mill Road and Wade Avenue

->Dawson Street and South Street

->Millbrook Road and Old Wake Forest Road

If you or your loved one has been seriously injured in an intersection accident, you may be facing unanticipated medical bills and loss of income. The experience of the Law Office of Laura Jenkins can help.

Laura Jenkins

April 26, 2019

Social Security Disability, Contingent Workers and Benefit Approval

Contingent workers-such as independent contractors, consultants, on-call and temporary workers are much less likely to pursue or to be approved for Social Security Disability benefits. In a recent study, the Center for Retirement Research (CRR) found that workers between the ages of 50 and 64 are 2.2% less likely to apply for disability benefits. While that may seem insignificant, only 8% of workers in this age group actually apply for benefits. Additionally, the study showed that contingency workers are 1/3 less likely to be approved for benefits and those that are approved receive $150.00 less than traditional workers. This may seem counter-intuitive, but CCR found that workers in this age bracket feared leaving the workforce to pursue lower disability claims and also viewed the process as too much of a hassle to pursue a claim. While Social Security Disability can be complicated, if you have an injury that could qualify you for Social Security Disability benefits, it is worthwhile to speak with a qualified, knowledgeable and experienced attorney regarding your claim. The Law Office of Laura Jenkins can provide you with the information you need to make a well informed decision when it comes to the pursuit of a SSDI claim. If you decide to pursue filing for SSDI, we can also help you navigate the process and maximize the benefits you may be entitled to. If you are considering Social Security Disability, don’t hesitate, contact Laura S. Jenkins, P.C., today.

Unlike a personal injury lawsuit, you do not have to prove fault on behalf of your employer to qualify for workers’ compensation benefits. The workers’ compensation system was designed to provide a fast and efficient “no fault” system that protects both employers and employees when a workplace injury occurs. If you are injured on the job, you have a right to file a workers’ compensation claim and, in most situations, even if you are partially responsible for your own injury. While there are certain limitations and common misconceptions about workers’ compensation, at the Law Offices of Laura Jenkins, in Raleigh, North Carolina, we are upfront and straightforward as to what you can expect from you claim. Attorney Laura Jenkins will be an aggressive advocate for you. With over 20 years of experience, she will clearly explain what you can seek compensation for, address your concerns and do everything to get a fair recovery. While it makes sense to an injured employee that there is no need to prove fault to successfully file a workers’ compensation claim, the workers’ compensation system is generally much less generous in compensating injury victims than a personal injury claim. A workers’ compensation claim provides medical coverage for your injuries. Workers’ compensation also compensates you for lost earnings while off-work, partial or full disability, and can cover many types of injuries from sudden accidents, to repetitive motion. Have questions and need advice?

Laura Jenkins

April 12, 2019

Social Security Disability - Long Wait times Plague the System

Social Security Disability is a long process and an applicant can expect to wait a year or more before their request for an appeal hearing is actually heard. During this time, you’re still dealing with the frustration of your injury, loss of work, continued medical costs and focusing on recovering. This is where an experienced Social Security Disability attorney can help speed up the process, promote the success of your claim and ensure that you receive all the benefits you deserve. An attorney will help you gather new medical evidence and develop a strong case in support of benefits PRIOR to having to attend a hearing. This requires requesting an on the record review or attorney advisor opinion. The process can be arduous and having a skilled Social Security Disability attorney on your side can be the difference between approval of benefits, a long wait for hearing or even denial of benefits. If you need assistance with a Social Security Disability claim, speak with Laura S. Jenkins, P.C. for solid advice on what to expect and how best to proceed.

Laura Jenkins

April 4, 2019

Workers’ Compensation Effects all Workers

Being injured on the job is something none of us like to think about. But, it does happen across all occupations, from construction, trucking, delivery, office and corporate jobs. If you suffer a work related injury, you may be eligible for certain Workers’ Compensation benefits through your employer. These benefits are provided for through the North Carolina Workers’ Compensation Act and serve as a benefit program that will help cover your medical bills and lost wages if you are unable to work for a period of time. Workers’ Compensation is a “no fault” system. Meaning, that you do not have to prove that the events resulting in your injury were anyone’s fault. The only thing that must be proven is that the injury occurred in the course of your work. While this sounds straight forward, all to often insurance companies complicate matters and deny the claim for benefits you have earned. This is when having a knowledgeable and experienced Workers’ Compensation Attorney on your side is crucial. If you have experienced a work related injury and need a team that will represent your best interests, contact the Law Office of Laura S. Jenkins for a consultation.

Laura Jenkins

March 29, 2019

Workers’ Compensation Denial is all too Common

“I’m a dishwasher and the floor is always really slick, even with no slip shoes. People have complained and slipped before. I’m just the one who got hurt. I went to the ER and my pinky is broken. Work had me fill out an accident report. Workers comp wasn’t mentioned. There’s gotta be something I can do. I have to stay out of work for a while. I have medical bills. But if I push my employer to help out, I’m afraid they’ll fire me. It really wasn’t my fault and my supervisor knew of the slick floor. I can’t afford to be out of work. I guess i’m going to have to work with a broken finger.” -Reddit User

“The Worker’s Comp insurance company for my employer denied my claim after sending me to their doctor. The doctor diagnosed me with tendinitis and bursitis. I’m worried about the Worker’s Comp insurance company billing me for doctors THEY sent me to. I thought bursitis was covered under Worker’s Comp statutes in North Carolina; but my form 61 says there was no injury or accident & my claim is denied. The insurance company also put my condition as pre-existing. I don’t see how. Can I be billed for the doctors they sent me to, and how can they list my condition as pre-existing?” -Reddit User

Situations like these are far to common and make dealing with your injury, health, finances and getting back to work even more difficult. Speak with a knowledgeable Worker’s Compensation attorney at the Law Offices of Laura Jenkins, to ensure your are receiving everything you deserve.

Laura Jenkins

March 22, 2019

Social Security Disability and Social Media - New Developments may Effect your Claim

Are you pursuing Social Security Disability and staying in touch with loved ones through social media such as Facebook and Twitter? Be cautious what you share as it may effect the outcome of your claim or the benefits you are receiving. The Trump administration is currently pursuing a proposal that would allow the Social Security Administration to access your social media content in disability determinations as an attempt to “increase program integrity and expedite the identification of fraud.” Advocates of disability recipients have pointed out that the use of social media in this capacity is dangerous because often the photos and content shared do not accurately portray the individuals current condition. Additionally, individuals are more likely to share photos of themselves when they are happy and healthy, rather than in the middle of dealing with the perils of inability to work, medical treatment and the pursuit of a disability claim. More changes may be coming to the Social Security Disability system as officials are considering weighing certain vocational factors differently and denying applicants the right to an in-person hearing. With these rapid changes, it is important to speak with a qualified and experienced attorney in the area of Social Security Disability law if you are thinking about filing a claim for benefits. Your health and financial well being is something you have earned and your best interests should be at the forefront.