Academy of Chiropractic Personal Injury & Primary Spine Care Program

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From the Desk of Dr. Mark Studin
Academy of Chiropractic
Preamble: many of these issues are small, yet each issue is just that… an issue. If you take care of the small issues, then the larger issues often take care of themselves and you can focus on the larger issues… a larger, more profitable practice and more family time.

“The Lawyer Diverted My First-Party Benefits”

“A Crook with a degree… is a crook” Mark Studin 2017


Occasionally, lawyers as legal representatives of your patients will contact the carriers without your knowledge and have the payment go directly to them. They do this so that all the money goes in the “pot” so they can take their 1/3 out of that full pot and “tie up” your money. 

This is a brilliant move on their part as they control your funds and then get you to take less. The problem is most of the time those checks are in your name as you are the assignee of benefits and not the lawyer. Should the lawyer deposit the check in any account (inclusive of their escrow account) they have to endorse your name on the check. There is a special name for that “FELONY.”

You should be checking for your first party payments on a regular basis and if you discover the check was sent to the lawyer, request a copy of the both sides of the check so you can have verification of the fraudulent endorsement. You then call the lawyer and inform then VERBALLY… not in writing… that you are in possession of the endorsed check where they endorsed your name and if they do not physically deliver a check for the same within 24 hours you will report them to the district attorney for prosecution and to the State Bar (licensure board) for an ethics violation.

There is NO discussion after that. I would simply hang up. If the lawyer will not get on the phone, dictate that message to the secretary. Everyone must play by the rules, inclusive of the lawyers. 



Adjunct Associate Professor of Chiropractic, University of Bridgeport, College of Chiropractic
Adjunct Professor, Division of Clinical Sciences, Texas Chiropractic College
Educational Presenter, Accreditation Council for Continuing Medical Education Joint Partnership with the State University of New York at Buffalo, School of Medicine and Biomedical Sciences

Academy of Chiropractic
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