We continue to field questions from many clients concerning the possibility of “offsets” on paid claims or the cancelation of government benefits for accepting an offer. Although the short answer is a solid “No,” it is an important question and we wanted to address the issue again in this Update.
As many of our clients may have noted, there is a very extensive and in depth legal article concerning “offsets” or subrogation issues on our website. The article is well sourced and authored by one on our team, Sharika Robinson. We encourage you to review the article. A link to the article is here: Click here for the article
The Veteran’s Administration “Office of General Counsel” confirms Sharika’s analysis and provided the below statement:
“VA’s Federal Medical Care Recovery Program ensures that when a Veteran is injured, the responsible party pays for the injured Veteran’s medical care instead of the American taxpayers. CAMP LEJEUNE JUSTICE ACT CLAIMAINTS: Please note that claims arising under the recently-passed Camp Lejeune Justice Act (“CLJA”) are claims against the United States. VA is statutorily prohibited from asserting a claim against the United States. 42 U.S.C. § 2651(a). As such, VA will not be generating billing for any CLJA cases.”
A link to the VA statement is here: Click here for VA statement
As always, please do not hesitate to contact any of our team should you have questions. We appreciate the opportunity to work for you!
Sincerely,
Your Blalock Legal Team
