Medicare Compensation Recovery

When your compensation claim reaches judgment or settlement

You’ll get a compensation payment when your claim reaches judgment or settlement.

If you have a valid notice of past benefits on the date of judgment or settlement, the compensation payer must:

  • send the amount on the notice to us, and
  • send the remaining amount to you

If your claim settles and your notice of past benefits has expired, you have 3 options.

Option 1

We’ll send you a new Medicare history statement when we receive the notice of judgment or settlement from your compensation payer. This will let you identify any benefits or subsidies you’ve used since the last notice of past benefits. Send it to the address on the form.

We’ll send you a new notice of past benefits. This will include a new amount for your compensation payer to pay us.

Option 2

Confirm you haven’t had any benefits or subsidies since your last notice of past benefits.

To do this, fill in a Section 23A statement and declaration with the settlement documents. Send it to the address on the form.

Option 3

Your compensation payer can pay us a 10% advance of your compensation payment. They pay the remaining 90% to you. If the amount owing is more than the 10%, you must pay the outstanding amount.

If this option is not chosen, the compensation payer can’t give you any money until they pay us the money you owe in full.

This information was printed Saturday 25 May 2019 from It may not include all of the relevant information on this topic. Please consider any relevant site notices at when using this material.

Page last updated: 24 May 2019