How do I collect money I won from an action I brought in behalf of my wife who is now 8 months decesed.Medicare has "Lien" ..

Asked over 2 years ago - Fort Lauderdale, FL

My attorney has told me that Medicare has a Lien on the proceeds.It has been about 2 years now and I call his office constantly, I always get the same answer about Medicare.
What can you attorneysw do for me? Respectfully...JS
Email addy joeyshepard1212@comcast.net

Attorney answers (2)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Lien issues and delays with Medicare have been a constant source of irritation for many personal injury attorneys. Medicare is notoriously slow in addressing these lien issues.

    What our office has done in some instances is to reserve moneys in our escrow account which would cover the total amount of the medical bills paid by Medicare. We feel comfortable releasing the balance of the funds to the client. This is done with the consent of the defense attorney or adverse carrier. You will have a set off from the Medicare paid amount equal to a proportional share of the attorney fees and costs. After deducting fees and costs, Medicare will be due the balance. Failure to resolve the Medicare lien issue should not keep the client from receiving any funds at all.

    I suggest that you arrange a face-to-face meeting with your attorney and have him or her show you what has been done to attempt to resolve the lien issue. Don't be hard on your attorney, as much of this is out of his control and he is dependent upon CMS to take appropriate timely action, which they often fail to do.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  2. Matthew Phillip Konecky

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Your should first make an appointment to see the lawyer, have him show you the lein letter from Medicare or MSPRC. If you haven't gotten anywhere with that, have your probate lawyer look into this issue. I am assuming if there is a payout that would go to the estate. You may want to call MSPRC, or visit the website to find out more. Look below for the link.

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