Attorney withholding payment of medical bill

[freebe]

I treated a person involved in a personal injury. The insurance company settled and drafted a check to me that the attorney pick up but will not release.

Why can the attorney hold the check drafted in the amount of my bill and refuse to release it? The attorney has given no explanation and will not return calls.

 

[jharris352]

I would contact the insurance company that issued the check. Why did they issue it to him and not you? I agree that it is strange. Was the check issued on your behalf? Is there a legal action filed? You could send a letter to the attorney threatening to sue for the check if he doesn't relinquish it. But something is quite odd.

 

[freebe]

Yes the check was issued to me and the client, which I have a limited power of attorney to sign on the patients behalf. The insurance company said that all other checks at other providers have cleared the bank. A lien was filed and was about to expire when the check was drafted. A new lien was filed before the old one expired because of the resistance. They would only correspond by mail or email. They made several un researched accusations that did not apply to this instance and when I called their bluff (quoting the Arkansas code and their error, their tone changed), they requested copy of file. I sent an invoice for postage, handling, coping and retrieval, I told them I would be happy to send records upon receipt of cost to provide the large record.

Prior to the settlement the ask me If I would reduce the bill. I responded that is not my policy to reduce the bill. They ask several times, I responded the same.

What do mean a legal action?

Thanks for your reply.

 

[PILawGirl]

Was the check made out for a lesser amount than your total bill? Sometimes attorney's will say "well I can get the provider to reduce the amount to $x.xx" and insurance companies take their word for it.

 

[freebe]

It was made out in the exact amount of my bill. I guess my basic question is what kind of game are they up too? Their approach has cost and is just raising my bill. If I retain an attorney then I can bill for the collection of that debt. I just do not get it. I have never had this type of trouble with PI attorneys

 

[PILawGirl]

Ask the adjuster to stop payment on the other check and cut you a new one because the attorney is withholding it

 

[mightymoose]

Yep- that would be my solution. Get a new check sent directly to you. If it is made out in your name then there should be no problem with that.