Middle Island, NY asked in Personal Injury for New York

Q: Personal injury case settled money is in escrow. Medicaid lien sept 10th. No answer from nys health dept. How long?

Release papers signed August 10th 2021. Lawyers are still trying to negotiate but it taking a long time. What is the longest timeframe for this?

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3 Lawyer Answers
Michael Bersani
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Answered
  • Auburn, NY
  • Licensed in New York

A: There is no time limit. This is the government! You just have to wait until they respond. The squeaky wheel gets the grease. Your lawyer should be calling and or faxing and or emailing them on a regular basis so that they get tired of hearing from him or her.

Jonathan R. Ratchik agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: Congratulations on the settlement of your case. As for the liens, unfortunately, they can take time to process. Some city agencies take 90 days or 120 days just to confirm liens. Additionally, liens are sometimes assigned to vendors halfway across the nation handling the subrogation liens in a third-party capacity, or the agencies sometimes assign agency attorneys to the subrogation files, depending on the nature or amount of the lien. The bottom line is that the process can move slowly, whether due to sheer volume or due to time needed in approving reductions in the subrogation liens, per agency guidelines. If your lawyers are trying to negotiate, as you mention, it sounds like they already have an active channel of communication open with the agency to monitor the lien's progress. Good luck

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: Resolution of your lien can take anywhere from several weeks to several months. Many agencies are still working remotely due to the pandemic which made an already slow process even slower. Be patient.

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