Reducing a Medicare Lien

What Not to Do When Trying to Reduce a Medicare Lien

One of the most frustrating parts of being a personal injury attorney is working on cases that involve a Medicare lien. Clients don’t always understand them, yet it affects them profoundly. Resolving them takes an immense amount of time. Yet, you have to deal with them correctly as they can greatly reduce your client’s settlement. You can also be held liable if it’s found that you didn’t properly inform your client. The latter can cost your from a financial and reputation standpoint.

We know that you have a lot on your plate. Yet, handling the Medicare liens of your clients is one of the most important actions your firm can take. There are several “do’s” when it comes to Medicare lien resolution, here are a few “don’ts” to avoid at all costs.

Don’t Forget to Ask Your Clients if They Received Medicare Benefits

Forget this at your peril. It’s critical when you go into any personal injury case to first find out if the client received Medicare benefits. If so, get copies of their card and all correspondence they’ve had with Medicare. Also, let them know that having Medicare involved in their case will likely lengthen the time it takes for them to receive their settlement.

Don’t Think You’ll Receive a Quick Answer

It will take a great deal of time to get a lien resolved when working with Medicare. As with many government organizations, the wheels turn slow, so you have to be vigilant when addressing the lien. The key is to find out what Medicare has conditionally paid. Your initial correspondence should include yours and your client’s information and the details of the case. You must also verify that you represent your client in this matter. You should receive a list of payments in (ideally) 60 days.

Don’t Take the Conditional Payment Letter at It’s Word

It’s not uncommon to see Medicare payments on the conditional payment letter that aren’t related to the case. Circle those items and ask for them to be removed. This will lengthen the process as well, but it’s a critical part of Medicare lien resolution.

For more information or to schedule a consultation, please submit our contact request form or call (877) 242-0022.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

TESTIMONIALS

"Synergy is a valuable partner in the successful resolution of catastrophic cases. Their understanding of complex issues including Medicare, Medicaid and financial planning – allows me to be certain that my clients and practice are protected."

Hector J. Lombana
Gamba & Lombana

"I just want to thank Synergy for their great work in getting a health insurance lien resolved. The health insurance company refused to reduce their lien a penny from a motorcycle accident involving my client who was not wearing a helmet, a fact that would have hurt our award in front of a jury. Synergy put tremendous pressure on this company, and after months of bombarding this insurance company with statutory requests and threats, they were able to get them to give in and reduce the lien significantly. The cost was minimal in relation to the hard work they put in, and the savings my client received. Client was very happy, and it allowed me to close out a case that I had resolved over 6 months before. Keep them in mind if you are dealing with a smug insurance adjuster who felt confident he would not have to reduce a lien, like I was dealing with. Thank you very much Synergy."

Jeffrey A. Adelman, Esq.
Adelman & Adelman, P.A.

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