Academy of Chiropractic Personal Injury & Primary Spine Care Program


Office Systems 108 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

"Lawyers Redirected My Med-Pay"

 


Dr Studin: So what is your question?

Guest Dr: How do I approach a lawyer who just took my med pay while representing my patient?

Dr Studin: so they put it into their escrow account?

Guest Dr: That is correct.

Dr Studin: So you bill the insurance company and you're the assigned, correct?

Guest Dr: Yes.

Dr Studin: do you have an irrevocable assignment?

Guest Dr: Yes.

Dr Studin: and the Carrier has a copy of that?

Guest Dr: That is correct.

Dr Studin: So the first thing you do, did you call the carrier up and say, I have an irrevocable assignment with you and you directed the money to the lawyer. I need you to get my money to me because I sent you an irrevocable assignment. If they refuse, you can report them to your state's department of insurance.  Should you not have an irrevocable assignment [your fault for not following "Mark's Rules"]. You then ask the insurance company to send you a copy of the front and back of the check that was cashed. You want to see if the lawyer endorsed a check that had your name on the front.

Guest Dr: OK

Dr Studin: If the lawyer got the check and endorsed it, you then consider writing a letter to the lawyer.

"Dear Mr Lawyer, I am in possession of a copy of a check [please see attached of cashed check by you] that was made out to me and you endorsed it, and put it into your trust/escrow account. Please note that you are not given any authority to cash any of my checks and, we are discussing with counsel for potential legal actions for cashing a check not made out to you that could be fraud, please note that if you have not a check in my office within 24 hours, I will not only report you to the bar for an ethics violation I will also consider going to the district attorney for bank fraud. At no point in time did I give you permission to cash a check made out to me."

You fax it over to them and call the lawyer's staff and say, I'm sending a letter over with a 24 hour deadline because the attorney cash the check made out to me, which is bank fraud. Tell the lawyer he must read that letter and he must take action because if not we're reporting them to the authorities. I am not talking to the lawyer at any point in time. The only remedy if the lawyer calls your staff is to be direct  and say "I've been directed that the doctor will not communicate with you. You'll have 24 hours to deliver a check that you cashed, made out to him with his name on it, which is illegal and if you do not bring a check over for the same amount made out to the doctor for his services rendered, I'm going to go to the district attorney and report that you've committed bank fraud."

You play hardball now and you will get paid. This isn't a lawyer I want to maintain a relationship with going forward anyway. He is s thief.  Do you understand?

Guest Dr: Yes sir. 

 

 



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