Whitney, TX asked in Personal Injury for Texas

Q: Is it legal for a class action settlement to take out 52,000 for almost 2 years for Medicare Medicaid liens.

We are currently waiting on my dad's who has passed away settlement check, they have held out 52,000 for almost 2 years and the lawyers were paid over a year ago and still no check, they will not return phone calls and we have called and called and called and done their job for them for months now, then we finally receive a check and it is for the wrong person's settlement, they listed us at The heirs on someone else's settlement so 2 weeks later we had to send the checks back and still no checks for us, also the third party company that they have hired to do their Medicare Medicaid leins has held out 52,000 of my dad's money for almost 2 years now and my dad never even had Medicare or Medicaid for his cancer treatments, I called the company last week and they said that Medicare and Medicaid was finalized and the other was pending finalization and nothing is owed, is it legal for them to hold back this money for this long and lawyers who have been paid not returning calls and no checks

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal here. Unfortunately, Medicare and Medicaid liens can take a long time to reconcile, and as you describe, many of these liens are managed by third-party administrators contracted by the government. This is something only your attorney could look into, because the case might have a separate lien component, with its own separate attorney. One could only speculate why it's taking so long to cancel the lien obligation. In terms of general guidance, your attorney could try to stay in close contact with the third-party administrator because they usually have a high volume of liens to reconcile. Good luck

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