Monday, December 6, 2010

Using Interpleader to Resolve Liens

Recently we settled a case in which the Plaintiff had received care at the VA Medical Center in Houston.  Both sides were concerned about resolving the VA lien.  Plaintiff's counsel contacted the VA and was told that because VA patients are not charged, bills are not routinely created.  Because we had notified them of the settlement, they would put our case "in line" to create a bill and let us know the amount of the lien.  They could not tell us how long this would take. 

The plaintiff in this case was disabled and his family needed the settlement money for his ongoing care.  In order to expedite the handling of the lien, we filed an interpleader petition.  We served the petition on the Regional Counsel and the VA Medical Center.  Within days, we got a call from the Regional Counsel advising us that she was working on the lien.  Within about two weeks, and prior to the interpleader hearing, we had written confirmation of the amount of the lien.  We were able to fund the settlement and pay the lien amount without a long delay. 

Has anyone tried this as a means of resolving a Medicare lien?



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