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Post by lesserknownpea on Dec 23, 2021 8:42:18 GMT
My friend Sally has been telling me for over a year that she was part of a class action lawsuit against Monsanto. She has non-Hodgkins lymphoma, stage four, and the herbicide Roundup has been shown to cause the non-Hodgkin’s lymphoma. She worked with round up decades ago on a landscaping crew.
She has been counting on this money, even though I’ve been warning her that it might not get there in time for her, and not to get her hopes up too much. But the lawyers working the class action assured her that she would be getting a sizable payout.
While I was staying with her last week, helping her because she was sick, she received her check in the mail. The payout for her was $130,000. But then the lawyers listed everything that had to come out of that money. First, of course comes their percentage off the top. But then, on top of that there was another sizable chunk taken out that was listed as expenses particular to her case. Including phone calls made to her for information, and tracking down medical records. I am shocked and dismayed that they take that extra amount on top of their percentage, so what is the percentage for?
But then there’s also a significant amount they set aside and held in trust in case anybody has liens against my friend, and some other stuff they listed I don’t remember it all. The check they sent was for $33,000.
But wait! It gets worse. It says on the letter if she is on disability, or Medicare, not to cash your check, but to hire a financial advisor to put that check in a trust because disability and Medicare get to go after it to recoup the money they have spent on her chemo and disability and whatever else.
I am so frustrated and angry. My friends life will have been cut short by many years. She’s had to go to chemo, she’s dealing with symptoms that are terrible, and it’s only going to get worse. The thought that out of this $130,000 she might not get anything, or what little bit may eventually trickle down to her once all this is over will be too late anyway has just got me so upset.
I’ve always heard that in lawsuits like this the lawyers are really the only ones that get much money, but I guess in the back of my mind I didn’t realize just how much this is true. When I came home from taking care of her, and told my son about this he suggested she just go ahead and try to deposit it, reasoning that she doesn’t have anything anybody can come after, she lives in low income housing, and she won’t be alive all that much longer. So what exactly terrible thing can they do?
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Post by mollycoddle on Dec 23, 2021 10:06:11 GMT
It really makes you wonder about the human race. I’m sorry about your friend.
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Deleted
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May 2, 2024 4:31:59 GMT
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Post by Deleted on Dec 23, 2021 11:06:48 GMT
So sorry for your friend , this is adding insult to injury and she deserves better.
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Post by jeremysgirl on Dec 23, 2021 11:58:21 GMT
I'm incensed for her. This is the most terrible thing I have ever heard. If she is truly dying, I would spend every dime of the money she got. What are they gonna do about it? I say enjoy it while she can.
Hugs to you and your friend. I will keep her in my prayers.
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peaname
Pearl Clutcher
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Post by peaname on Dec 23, 2021 11:59:52 GMT
I'm incensed for her. This is the most terrible thing I have ever heard. If she is truly dying, I would spend every dime of the money she got. What are they gonna do about it? I say enjoy it while she can. Hugs to you and your friend. I will keep her in my prayers. They’ll go after her estate. |
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Post by jeremysgirl on Dec 23, 2021 12:02:47 GMT
I'm incensed for her. This is the most terrible thing I have ever heard. If she is truly dying, I would spend every dime of the money she got. What are they gonna do about it? I say enjoy it while she can. Hugs to you and your friend. I will keep her in my prayers. They’ll go after her estate. What estate? According to the OP, she has nothing. |
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Post by mikklynn on Dec 23, 2021 13:16:55 GMT
That breaks my heart.
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Post by Spongemom Scrappants on Dec 23, 2021 13:17:07 GMT
We had a Monsanto plant here and many of the people who worked there received settlements over the years. My father-in-law worked there in fact. It’s unfortunate that your friend ended up with so little. I agree with jeremysgirl - she should blow that money on anything that would make her happy. |
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peppermintpatty
Pearl Clutcher
Refupea #1345
Posts: 3,838
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Post by peppermintpatty on Dec 23, 2021 13:20:23 GMT
Use it all up. If she has nothing, it will cost the attorneys more than they will be able to recoup and so they won't bother. If they do, well more power to them. You can't get blood from a stone.
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Post by elaine on Dec 23, 2021 13:25:53 GMT
If she has nothing in terms of an estate, I agree that she should spend the money.
I think that Medicare will try to get the money to recoup their costs is true. We had to be very careful with any money that my MIL had due to Medicare paying her long-term Alzheimer’s care.
But, if she isn’t planning on leaving anything behind and doesn’t have long to live, she should spend and enjoy that money guilt-free.
I’m so sorry. ☹️
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Post by malibou on Dec 23, 2021 15:31:53 GMT
I would see if it is possible to cash it out and then spend the money. If she deposits it, they might be able to grab it right away before she can get any.
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anaterra
Pearl Clutcher
Posts: 3,832
Location: Texas
Jun 29, 2014 3:04:02 GMT
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Post by anaterra on Dec 23, 2021 15:36:32 GMT
They part about lawyers is spot on!! We were part of a class action against ford and Firestone when the Explorers had those peel apart tires... me, oldest ds and dd received a payout... they lawyer fees were like 65% straight off the top... i was thinking wow... but ok what can i do...
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Post by bossymom on Dec 23, 2021 15:40:27 GMT
The fee and expenses should have been detailed in the retainer agreement. 1/3 of fees and all expenses is pretty standard for personal injury cases (at least in NYS). We often advise our clients the same regarding potential medical liens.
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Post by danalz on Dec 23, 2021 15:51:53 GMT
I work in a Medicaid MCO and she could lose any Medicaid benefits if she has that much money just sitting in her bank account. In WI, a person cannot have more than $2000 in assets to qualify for Medicaid.
The trust they are talking about is probably a special needs trust. It's used to protect money for the person and entitlement programs like Medicaid cannot count it as an asset. the money in the trust can be used for anything except housing, food and living expenses. The trusts I have worked with for my clients allow them to make any other purchases by contacting the trust administrator to make the purchases.
I've had to help people get connected with a trust when they received their SSDI benefits and received a large backpay payout due to the length of time it took to get approved. One client got $42,000 in back pay and we had to make arrangements to get a trust set up.
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Post by revirdsuba99 on Dec 23, 2021 16:32:35 GMT
If she cashes that check without proper advice and action, she will lose benefits immediately. Even when it is gone she will start from scratch to reapply. Not worth it.
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Post by hop2 on Dec 23, 2021 16:39:59 GMT
She can’t ‘spend the money’ because spending the money would mean cashing the check which could end her disability benefits or at minimum pause them, but unfortunately I’m pretty sure 33grand is enough to end them and make her reapply.
Disability is set up for the person to be & remain absolutely flat broke pretty much living beneath the poverty level. It is not a just system.
Advising her to seek financial advice and that a trust may work is the only solution open to her if she requires her disability benefits.
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Post by hop2 on Dec 23, 2021 16:41:59 GMT
I work in a Medicaid MCO and she could lose any Medicaid benefits if she has that much money just sitting in her bank account. In WI, a person cannot have more than $2000 in assets to qualify for Medicaid. The trust they are talking about is probably a special needs trust. It's used to protect money for the person and entitlement programs like Medicaid cannot count it as an asset. the money in the trust can be used for anything except housing, food and living expenses. The trusts I have worked with for my clients allow them to make any other purchases by contacting the trust administrator to make the purchases. I've had to help people get connected with a trust when they received their SSDI benefits and received a large backpay payout due to the length of time it took to get approved. One client got $42,000 in back pay and we had to make arrangements to get a trust set up. A car is an asset and most reliable cars are worth more than $2000 Shit a rental deposit ( month & a half ) is gotta be more than $2000 It is such a bullshit system |
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lizacreates
Pearl Clutcher
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Post by lizacreates on Dec 23, 2021 19:26:09 GMT
lesserknownpea , I’m sorry for what your friend is going through. I apologize for having to ask for details because I’m just a bit confused. Lawyers are obligated to report settlements to Medicare so there’s no getting around Medicare recouping costs. What I’m not clear on is the “trust” part. Is the lawyer saying set up a trust to pay for a potential Medicare lien OR set up a trust to protect settlement proceeds from Medicare recoupment? If it’s the former, seeing as your friend’s lawyers already set up a trust for future liens, then why is there a need for your friend to do so? If it’s the latter, even a special needs trust funded by a settlement is not free from Medicare recovery. An SNT’s purpose is to hold a disabled person’s assets as a separate entity so that the disabled person is not precluded from being eligible for means-tested benefits like Medicaid and SSI. (Medicare and SSDI do not factor here because they’re not means-tested.) If a settlement is greater than $25,000, Medicare requires a portion of the settlement be set aside for future expenses. An SNT that is funded by a settlement has to contain that set-aside. My advice is for friend or you to call the lawyer and ask these questions: (1) Has the settlement been reported to Medicare?; (2) Does the trust already set up by them include satisfying a potential Medicare lien?; (3) Has the lawyer received a conditional payment letter from Medicare? (That CPL needs to be reviewed thoroughly because it’s often wrong.) I hate phrasing it this way, but if your friend might require hospice and palliative care as she nears end-of-life, the Medicare issue needs to be clarified.
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Post by MichyM on Dec 23, 2021 19:28:36 GMT
I am so sorry. This system is all sorts of messed up and she shouldn't be having to deal with all this as she nears the end of life.
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Post by danalz on Dec 23, 2021 19:30:59 GMT
I work in a Medicaid MCO and she could lose any Medicaid benefits if she has that much money just sitting in her bank account. In WI, a person cannot have more than $2000 in assets to qualify for Medicaid. The trust they are talking about is probably a special needs trust. It's used to protect money for the person and entitlement programs like Medicaid cannot count it as an asset. the money in the trust can be used for anything except housing, food and living expenses. The trusts I have worked with for my clients allow them to make any other purchases by contacting the trust administrator to make the purchases. I've had to help people get connected with a trust when they received their SSDI benefits and received a large backpay payout due to the length of time it took to get approved. One client got $42,000 in back pay and we had to make arrangements to get a trust set up. A car is an asset and most reliable cars are worth more than $2000 Shit a rental deposit ( month & a half ) is gotta be more than $2000 It is such a bullshit system In WI, to qualify for Medicaid or other benefits, they don't count the first $10,000 of a car's worth as an asset and they do not count your home if it is your primary residence. regardless, it's not a great system. I used to work as a case manager in the low income family welfare to work system. It broke my heart to tell someone they didn't qualify because they were just over the asset or income limit. One of many reasons I left that job. |
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oh yvonne
Prolific Pea
Posts: 7,996
Jun 26, 2014 0:45:23 GMT
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Post by oh yvonne on Dec 23, 2021 19:37:51 GMT
oh my gosh this is awful, and eye opening. Wow. I'm so sorry for your friend, this is so wrong  . |
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Just T
Drama Llama
Posts: 5,544
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Post by Just T on Dec 23, 2021 19:44:28 GMT
What really sucks is that the ones who make out the best in class action lawsuits are the attorneys, not the folks who were harmed. It's a disgrace that your friend received so little from the actual settlement, and it's even more of a disgrace that she can't actually even spend it.  |
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Post by Scrapper100 on Dec 23, 2021 21:53:28 GMT
It’s really sickening that lawyers are the only ones that seem to make money in these cases. You would have thought thise calls snd such would have been included in the lawyers percent. For them to take almost 100k is sickening As tempting as it is to spend it it sounds like she needs to investigate a trust as she doesn’t want to loose what little help she is getting. 33k doesn’t really go that far.
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Post by destined2bmom on Dec 23, 2021 23:51:51 GMT
I am so sorry for your friend. This is eye-opening. I have never been in a class action lawsuit and I didn’t realize how much you loose and I am not on Medicare; but that is just awful that Medicare can do this to people.
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Post by gramasue on Dec 24, 2021 0:13:56 GMT
This is awful. I am so sorry for your friend. She should not have to deal with this level of greed in her final days.
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Post by lesserknownpea on Dec 24, 2021 6:02:55 GMT
lesserknownpea , I’m sorry for what your friend is going through. I apologize for having to ask for details because I’m just a bit confused. Lawyers are obligated to report settlements to Medicare so there’s no getting around Medicare recouping costs. What I’m not clear on is the “trust” part. Is the lawyer saying set up a trust to pay for a potential Medicare lien OR set up a trust to protect settlement proceeds from Medicare recoupment? If it’s the former, seeing as your friend’s lawyers already set up a trust for future liens, then why is there a need for your friend to do so? If it’s the latter, even a special needs trust funded by a settlement is not free from Medicare recovery. An SNT’s purpose is to hold a disabled person’s assets as a separate entity so that the disabled person is not precluded from being eligible for means-tested benefits like Medicaid and SSI. (Medicare and SSDI do not factor here because they’re not means-tested.) If a settlement is greater than $25,000, Medicare requires a portion of the settlement be set aside for future expenses. An SNT that is funded by a settlement has to contain that set-aside. My advice is for friend or you to call the lawyer and ask these questions: (1) Has the settlement been reported to Medicare?; (2) Does the trust already set up by them include satisfying a potential Medicare lien?; (3) Has the lawyer received a conditional payment letter from Medicare? (That CPL needs to be reviewed thoroughly because it’s often wrong.) I hate phrasing it this way, but if your friend might require hospice and palliative care as she nears end-of-life, the Medicare issue needs to be clarified. Thank you for your knowledgeable post. I’ve shared the relevant parts with her. I would hate to see her lose Medicare, she is also type 1 diabetic, and was extremely Parkinson’s last year. eta: the wording was that the trust was in order to satisfy Medicare and disability’s interests. Why that can’t come out of the large amount set aside for Leinster I don’t know. |
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Post by lesserknownpea on Dec 24, 2021 6:18:03 GMT
Thank you to those who have shared my frustration and indignation that out of a $130,000 judgement, my friend might not see a dime.
She’s almost exactly my age, I’ve know her since we were juniors in high school, and seeing her suffer and knowing I’ll lose her has taken a toll on me. Between chemo and the pandemic, she’s lost the last two years of being able to go anywhere and experience life.
I had real hopes of being able to do some travel and using that money for her to make her life as good as we could. She’s been wanting to pay us back for hiring a housecleaner, but we really aren’t worried about that at all. 4 of us share that expense and we’re glad to do it.
But there are things she can buy that will make her life a lot easier, like a power recliner and a desperately needed new bed. She was really counting on this money.
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peaname
Pearl Clutcher
Posts: 3,389
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Post by peaname on Dec 24, 2021 18:15:34 GMT
I'm incensed for her. This is the most terrible thing I have ever heard. If she is truly dying, I would spend every dime of the money she got. What are they gonna do about it? I say enjoy it while she can. Hugs to you and your friend. I will keep her in my prayers. They’ll go after her estate. I see that now I missed that part at the end of the post I was so sad for this poor lady. I have heard people claim to have nothing yet are joint owners in a modest house for example and then they pass with debt and the debtors go after the joint asset I was thinking along the lines of this. |
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