It has been a month and a half since my case settled. My attorney has put
the check in his trust account. I have turned 65 since my case settled and medicare is now involved for my medicals; but, I was not eligible during the case, nor did medicare pay any of my bill.
I have called my attorney. He is now being very rude to me and will not return my calls.
I contacted medicare and they told me to ask him to submit information on the amount and settlement date.
I tried passing this information on to my attorney and he became very hostile toward me.
How can I get him to release my money to me and can I pay my medical bills my self?
This was an automobile accident which settled 1 1/2 months ago and my attorney says he is still researching my medicals all bills were given to him over a year plus ago).
What action can I take?
2 Answers from Attorneys
First, you can put your request in writing in two forms (fax, e-mail, certified mail with return receipt). Include the information you received from medicaid and any hospital bills. There may be an honest reason for the delay. If he doesn't respond within 10 days, you may have no other choice but to file a grievance against with with the Maryland Grievance Commission.
Also licensed in Maryland.
Since none of your accident related medicals were paid by Medicare before you reached a settlement, there should be no reason to involve them. If the attorney won't give you a valid reason for delaying disbursement within a specified time period, I would file a grievance. It wouldn't make sense to pay Medicare-eligible bills yourself because you would be paying "retail" as opposed to what Medicare pays.
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