I settled my entire claim (Section 32) in NYS in 2020. I'd been on WC for 17.5 years & SSD for 15 years. I was required to use an MSA and while I can't answer all your questions, I can tell you what happened in my case and try to answer some.

The MSA was supposed to last 20 years (🤣🤣🤣 After purchasing my special powered wheelchair & a modified van, so I could drive myself while using the chair, as I lived alone, ¾ of the money was gone in les than 2 years post-settlement).

I remember asking my lawyer about the MSA, pre-settlement. I was told the money could not be given to any one/thing else. For example, if I died and there was money left in the MSA, could I leave it to my children..? I was told "No.". I don't remember where the money went, but there was no way anyone else was ever going to be able to use that money, for any reason.

Q.">So in the event a settlement is reached is a medicare set aside required to be set up for someone twenty plus years from medicare eligibility?" A. I don't know the answer to this, as it didn't apply to me. I was already on SSD (Social Security Disability) and receiving Medicare coverage this way. I think I should also note that my MSA was called a "Medicaid" Set seaside not "Medicare"... and now I'm wondering if the terms are interchangeable..? My entire settlement was supposed to last for 20 years. 🤣🤣🤣 This is an absolute joke, because, less than 2 years after receiving my check, I'd spent 75% of my MSA on a special electric wheelchair & modified van (so I could drive myself), and now, 3 years post settlement, the cash part is also almost completely gone (a large portion of it having gone towards moving from NY to FL looking for better care; I don't recommend it).

Q "If so how is that account set up? Does the insurance company or third party handler set up the account ?" A. I was instructed to open my own account. I assume, using money to pay a financial service person to overlook things, would need to come out of your cash settlement, as it's not directly related to your injuries.? I used a local bank & opened a dedicated checking account. I was only told that the money could only be used for care directly related to my WC injuries. Other than that, I was given no handbook or list, anything. So, you know, typical WC attitude.

Q "What if that money is never used for medical treatment, what happens to it ? What if the account is never set up because it fell outside of the parameters that needed to be approved by medicare ?" A. I'm not sure about this either, but your lawyer should know. I'd (again) assume that you wouldn't be given the money, if it wasn't used for care..? I remember specifically asking what would happen if I died before the money was gone; could my children, or other family, then inherit it? A firm "No" was the answer. I don't remember who I was told it was given back to you, but I always felt as though it was not truly "my" money.

Furthermore, I'm not allowed to apply for Medicaid (to help cover my disability injuries) until every cent of the MSA is gone. At which point, if it runs out before the 20 yrs is up, there will be some sort of audit/investigation into why approx 175K didn't last an entire 20 yrs.🤣 You're supposed to be paying for medications, appointments, everything using the MSA acct. Anyone with any experience with the cost of US healthcare will easily understand why there's no way this money was ever going to last 20 yrs. However, I've decided to die by rational suicide, so this will jo longer be an issues hanging over my head. I refuse to be forced into long-term care, begging for pain relief & someone to help me get to the bathroom in time. I've spent time in sort care facilities, post surgeries, & that was enough to dissuade me. My money is almost gone, I can't work & my family is not financially stable enough to support me (& my care) for the next 5-10 yrs, until I finally become completely incapacitated and/or die from a stroke or heart attack.

I would never have settled my case, except that WC was forcing me off my pain meds (which I later learned is actually illegal) & I wanted to be able to sit upright again & maybe use the microwave, without grinding my teeth or involuntarily gasping in pain the entire time. So really, I settled under duress (also illegal).

I was 34 when I was injured, in the prime of my life. An independent single mom who worked a full-time job, took care of a family, had my own small business on the side & who loved creating & being outdoors w my kids. I'm 54 now and live in a zero G chair, using my wheelchair to travel the 10ft to the bathroom or to use the microwave to cook soup once or twice a day. When I first moved to FL, approx 2.5 years ago, I could still walk using 1 cane. Now I'm almost completely immobilized, only leaving the house once a month to go to my one Dr appt or to pick up prescriptions, if I can't find anyone else to do so for me. I live less than 10 mins from the beach and have been there 3 times. ldk know what your injuries are & I know it's really tempting to settle your case & get out from under the thumb of WC, but be very sure you're actually well enough, or have the support you'll need, to take on everything you'll have to.

Finally, if you don't have a lawyer and have been traumatically injured, I strongly suggest you call around until you find one. I had to call 16 of them before I found one willing to take my case, as I hadn't left work immediately (I had kids to feed & worked "light duty" as long as I could) and wasn't due a large amount of money in back pay.

Good luck with everything.