CMS guide lines help please
 

I read the guidelines from CMS and I understand them how ever I just would like to double check if any one knows. Here is my situation, I was suppose to settle my workers comp they day we went to court the annuity paperwork was not wrote up correctly so the judge informed us it needed to be corrected. After the hearing I won my SSD claim, so now my lawyer says CMS has to approve the medical set aside amount. Fine with me, but here is the problem I am not on Medicare yet and will not be until December 2013. The guidelines I read say 1) Has to be a Medicare Beneficiary and settlement is over 25,000.
2) Is expected to be a Medicare Beneficiary within 30 months and settlement is over 250,000.

Now yes I will be a Medicare Beneficiary within 30 months but my settlement won't be over 250,000 and I am not currently on Medicare. So CMS informed me they won't even look at this but yet I can't get this through to my attorney or to the IC. Please an advice about the guidelines and if it is in fact the case that as of now CMS does not have to approve it. Thanks.