Legal Question in Personal Injury in Alabama

I have a settlement from an automobile accident. The Insurance company has paid the attorney on April 19, 2010. The attorney has not disbursed the funds to me yet. The attorney says the hold up is waiting on Medicare to say how much money they want to be reimbursed. Does it usually take over 10 months for Medicare to respond? Can I call Medicare and hurry them up? Is that attorney being truthful with me?


Asked on 1/31/11, 3:58 pm

1 Answer from Attorneys

Mark Wolfe Boteler & Wolfe

Medicare can take many weeks and even months to provide a finalized subrogation lien amount. Generally, your attorney should be able to estimate the lien amount from the medical billing records which should show payments from Medicare. At our firm, we generally hold the projected or anticipated lien amount in the Trust account while we wait on final documents and reductions; however, if the attorney is uncertain of the projected lien amount then he or she may want to hold entire funds in Trust until the proper documentation is received. This is because the attorney can be held liable to Medicare for a non-payment.

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Answered on 2/08/11, 1:29 pm


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