Medicare Liens

[DanThaMan]

I was involved in a SEVERE automobile accident a few years ago, and my case has been finally settled last week resulting in a modest cash award settlement.

My problem is that, although I won my case, I'm very concerned as to how much of it [the settlement monies] can I legally retain without a potential medicare lien seizing a large portion of it.

My attorneys said that they will do their *best* to insure that I keep as much of my settlement award as posible, but they said they must first check to see if any medicare liens are pending against me, and if a lien exists they will "negotiate" with them [medicare] in an effort to reduce some of the hospital bill paymet(s).

My question is this: I would like to know if it's possible for me to request my attorneys to send me the settlement check along with letter/document of some kind to me explaining to me something in effect stating that "it is my responsibility to pay any and all medical bills, and insurance costs to all interested parties, companys, and insurance holders whom have a vested interest ivolving my case."

That's not quite the *exact* wording I'd use, but hopefully you get the point I'm trying to make. I want them to exempt themselves from any monetary appropiations (except those required by law) and allow ME to handle that aspect. Well, is it possible I can do that...???

 

[ellencee]

DanThaMan
In all PI cases in which I consulted for attorneys, the attorneys were responsible for paying these liens prior to giving the client the balance of the settlement. I recall one incident where a lien was not listed by the paralegal and the lien was not paid prior to the client receiving the funds and the attorney was livid because his firm had to pay the lien.
I believe your attorney told you what he must do before giving you the settlement balance, and that is negotiate with Medicare. This is a routine practice and I feel sure Medicare will cut some slack, but they probably won't just write it off.
You must bear in mind that Medicare paid this to make sure you received the medical treatment that you needed during the interim until your insurance paid and had full intentions of being repaid from the settlement. Consider it a loan from Medicare that has to be paid before you are paid.
You didn't list your state, and I don't think that has anything to do with it because Medicare is a federal program, but since no attorney had answered your post, I jumped in. Hope I helped you and offended no one.

 

[DanThaMan]

ellencee,

I thank you very very much for the helpful info. you provided me, and I am grateful and truly apreciated it

Nah, you didn't offend anyone my friend...if anything you actually educated a lot of people!!

 

[ellencee]

thank you!