"How to avoid lawyers money GRAB"

Quickie Consult 1177
Office Systems 105 OS

From the Desk of Dr. Mark Studin
Academy of Chiropractic

Preamble: Many of the issues I bring to you are very small, yet each issue is just that, an issue. If you take care of the small issues, then you will be able to build and more importantly, focus on the bigger issues...a larger practice and more family time. -Mark Studin 2006

"Previous Doctor Incorrectly Reported History"


Dr Studin: what's going on.

Guest Dr: I've got a common attorney negotiation tactic that I've been encountering. I want to know if this is a money grab or not, so a patient comes in the med pay or the no fault in our state, the paper treatment. Eventually the patient has an IME, continues to treat. Then there's a balance that accrues and the attorney goes to arbitration and settles out the med pay and then calls me back up. And the settlement negotiations are as follows, you got paid 100% of your bill on the first part of the care. We're asking you to take a reduction on the last part of your care. And here's the net percentage they are going to collect when you factor in both before IME and after IME. So my question to you is, is this a money grab?

Dr Studin: It's always a money grab. That's number one. So here's the other issue. Who gets the med pay you as a patient?

Guest Dr: I do. let me go back. Are you talking about the first part of the care? The second part of the care?

Dr Studin: There's no such thing as first and second part of the care. You're playing the lawyer's game Now you only have care A through Z. So the issue is after the IME denial, the lean starts to accrue now the lawyer's concerned because that's money out of their pocket.

Guest Dr: So to answer your question, more accurately, post arbitration, the insurance company, unless the arbitration is 100% successful, where the reopened up the claim, most of my experiences are the insurance company Then pays the money to the attorney It sits in trust and they have to make disbursements.

Dr Studin: what happens is after the arbitration, it shouldn't sit and trust and that's part of the problem because you're arbitrating the med pay that they don't want to pay. Correct?

Guest Dr: Correct.

Dr Studin: That money goes to you. you have an assignment of benefits. Now, do you have an irrevocable assignment of benefits?

Guest Dr: I do now, but some of the ones that are settling from years ago don't.

Dr Studin: So what you need to do is you have to make sure that every active patient has an irrevocable sign on the benefits. That's where the problem comes in. From years gone by when you didn't, the lawyer is diverting the money to their escrow accounts, holding your money ransom, to say, if you want to get your money, you've got to take less. So what they're saying is before and after, before they can't do anything cause you're in control. But afterwards they're in control of your money. So the answer to the lawyer is that I am not negotiating with you on med pay. That pay has nothing to do with your negotiated settlement for bodily injury med pay belongs to me and you need to release that immediately. So the next question is has the med pay check been made out to you or them? And if it's made out to you when they deposit it in the patient's name and their escrow, they've committed banking fraud and that's a felony. So what you need to do is you need to call the insurance company for this particular patient and everyone in the future and say for the med pay that you sent to the lawyer I need you to send me a copy of the check. You need to see who that check is made out to. Because if it's made out to you and the lawyer endorsed it in the name of the patient and put it in their escrow account, that's a felony. So you didn't get a copy of that and that paycheck that went to the lawyer call the insurance company and ask for a copy of it. I billed you for med pay and the money went to the lawyer. Can you please send me a copy of the front back of the check because you already had an assignment on that. Put the lawyer redirected that, So you get copy of that check, so now what you're going to do if the check went to the lawyer and let's got your name on it, you call the attorney, you'll leave a message with the staff. Don't even talk to the lawyer. You tell the staff a check may not to me went to the lawyer, the lawyer redirected my check. I'm in possession of a copy of the check in his endorsement. If I do not have payment in full in my office in 24 hours, I'm reporting this to the district attorney. You will have check in your hands in 24 hours.

Guest Dr: So when the attorney is part of this conversation says, I want you to also take a reduction so we can put some money into the patient's pocket.

Dr Studin: I understand that. I hear what you're saying, but that money is directly from my care that the patient already got the benefit from, patient got the benefit of that money. I treated them. That's the purpose of that money. It's not for them to go buy a car or a beach house. It's for them to get care. That's what medpay means, they've already got the benefit of that money, which is my care. They've already got treated. If you want to talk about third party for future suffering, that's what third party settlement is for not med pay. They're saying, I didn't want to put money in the patient's pocket, but what they really you're saying is unless you take the more, I guess from my third, do you understand? That's what they're saying. Because they want your money too. They're getting a third of everything you should have gotten in the first place.

Guest Dr: So the problem is that the patient has been told that money should've gone to pay for their care, that they've already benefited from that patient wants some of that money diverted into their pocket.

Dr Studin: And the lawyer, the lawyer doesn't really care about the patient. Really it's more money in the lawyer's pocket Less money in your pocket, but you'd deliver that care ready? The patient got the benefit of that money, It's called your care, You treated them, and that's not inexpensive. So the first thing you're going to do is call the insurance company. You're going to ask, for a copy of the check for your MedPay that was sent to the attorney front and back, a copy of it. You were requesting a copy of it. You're entitled to it. And if they ask why, you suspect fault play, just to tell them the truth, So now the attorney, most probably just if it's med pay, it's have to be made out to you because it's an assignment based upon your claim, but you got to have the word irrevocable in there. So this way, if the insurance company did that and it's irrevocable, now the insurance company has to go after the lawyer and get the money back and pay you. But you could also say to the insurance company, I had an assignment of benefits, a duly executed assignment. You sent my money to the insurance company, you send it to the lawyer insurance company? You cut me another check, you go after the lawyer and get the money. But don't do that yet because you're going to have incredible leverage over this attorney. It's really simple. You bill, you get paid.

Guest Dr: So what about these attorneys that have been conditioned to me accepting that in years gone by when I didn't know better.

Dr Studin: Today is day one. And you can't go backwards. You can only go forwards. Someone broke the law to take your money out of your pocket. So at the end of the day, they have 79% then you pay taxes. You're really close to 50% which is about your Robothood ahead EDU.

Guest Dr: you're exactly right. 

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