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Do I need another lawyer to get my settlement from Medicare it has been 6 years. I have a home I can't get fixed because of this

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I was in an accident in 4/ 2007 . I was hit and really hurt but it was settled in Aug of 2008 . And I lost my home in 8-8-08 due to arson. So I purchased another moblie that was damaged by the mover. I need to no why it taking so long for my lien to be released. My lawyer keeps telling me it should be any day but its going on 6 full years and I am on disability and watching my home fall apart because before I went in debt I asked my attorney how long it would take he said maybe a year. I don't no what to do. My attorney has loaned me money that I can't pay back until I get my settlement released . And I draw very little its going to pay my loan. And I am living in a camper . So I need to no what to do.

Attorney Answers 4

Posted

This is highly unusual. I have never known Medicare to take this long to settle a lien. Perhaps you should schedule an appointment with your lawyer, and request copies of all letters to and from Medicare. Ask your lawyer to explain what's taking so long. If you are not satisfied with the answer, ask the bar association to investigate.

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Lawrence A Friedman

Lawrence A Friedman

Posted

I agree with everything except the suggestion to ask the bar association to investigate. I'd first consult an elder law attorney and only if there seems to be wrong doing would I get the bar involved. A Medicare claim for pre-settlement expenditures must be paid when the case settles so either you are misunderstanding your lawyer or something is I do a lot of Medicare settlement work and I've never heard of any If you are in NJ or NY, I'd be happy to work with you. SpecialNeedsNJ.com has my contact info.

James P. Frederick

James P. Frederick

Posted

I agree. The suggestion to go to the Bar may relate to the attorney's apparent loan of funds to the client. That would seem to be ethically improper.

Posted

I agree. Medicare does not usually take that long. Speak to your attorney to find out what the hold up is.

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Posted

If I understand your question correctly it has been 4 1/2 years since your case was settled and you still haven't received your share of the settlement proceeds due to a lien? Your question is nonspecific as to what sort of lien. You need to contact your lawyer and schedule an appointment for a full explanation. If you are unsatisfied with his explanation then you need to contact another lawyer to review what is going on.

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Lawrence A Friedman

Lawrence A Friedman

Posted

A Medicare claim for pre-settlement expenditures must be paid when the case settles so either you are misunderstanding your lawyer or something is wrong. I do a lot of Medicare settlement work and I've never heard of any situation like you are describing. If you are in NJ or NY, I'd be happy to work with you. SpecialNeedsNJ.com has my contact info.

Posted

This sounds unusual. The longest it took me with medicare was about 1 year, and that is because they sent the file to the wrong place, and it got shuffled all over the country until finally ending up in Baltimore. We were asking for a significant reduction in the lien, and finally got one. I hate to think your lawyer is not being up front with you or diligent. You should go see him and ask for details and copies of all correspondence. If possible, bring a friend to help you and to be a witness. Ask the lawyer to give you a chronology of events and dealings with mcare. Ive heard of some people going to their elected officials, congressperson or senator, and getting help when mcare was jerking them around. You would want the chronology and letters from your lawyer to show the elected official for help.

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Asker

Posted

Thank you ! Today my lawyer called me saying that he had sent a letter out months ago for me to sign but I never received any letter. Yes it is a medicare lien. I have never dealt with a lawyer that tells me he has tried to call but does not leave a voice mail.I am going to request a copy of my file.

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Good luck, make sure you get a full accounting of money. Check to see your records of how much your lawyer advanced to you in loans. I hope he isnt charging you interest.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

ROBERT: DO YOU HAVE THE ADDRESS FOR MEDICARE IN NORTHERN CALIFORNIA? MANNY

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Usually you have to deal with MSPRC No Fault/Liability PO BOX 138832, Oklahoma City, OK 73113 866-677-7220 Medicare has a district office in San Francisco (dist 9). I did deal briefly with that offc in my saga referenced in my answer. there were actually 2 guys in that offc that dealt with requests to compromise. Their authority was only up to 100k. They are the ones that ssnet me to Baltimore, where I finally got a deal worrked out. This was a few years ago, so I dont know if the process still goes this way. Email me off site at Kopelaw@hotmail.com for further info.

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