The Zwerdling Law Firm, LLP is currently representing plaintiffs with major injury claims that resulted from the negligence of others. Generous friends and family have created GoFundMe accounts or made donations to help our clients overcome difficult financial hurdles such as loss of income, loss of transportation, and extra medical expenses.
A number of these clients are also recipients of Medi-Cal (also known as Partnership) or Medicare benefits that oftentimes pay huge medical expenses on their behalf.
Unfortunately, the government considers a donation or a GoFundMe contribution as an “asset” or “income.” This has the deleterious effect of disqualifying the injured party from receiving further government payment of medical expenses. It can even result in a retroactive finding that the individual was not qualified for government assistance if the GoFundMe was in place when past medical bills were paid. This could result in nonpayment of future expenses and perhaps even a demand for reimbursement of past payments.
There are legal options that are available to protect donations or GoFundMe proceeds, while at the same time legally allowing the injured party to continue to receive government assistance paying medical expenses.
This is a very complicated area of law and anyone with a personal injury claim who is also the recipient of donations or a GoFundMe campaign should immediately consult with an attorney knowledgeable in this area to ensure that the injury victim is not cut off from government medical payment assistance.
The Zwerdling Law Firm has dealt with the situation on a number of occasions, and we have taken steps to protect our clients from losing government benefits. We would be happy to discuss this issue on a confidential basis with any interested party.
