what is duty of lawyer to pay nyc dss lien

by Justice Cruickshank 3 min read

The attorney has a duty to the client to let them know how a lien affects a settlement– before accepting a final offer. Once the calculation is made, the plaintiff's lawyer can fight so that their client receives additional compensation to mitigate this.

What are a lawyer’s obligations to protect and repay liens?

A spleen may be described as a right to claim against specific property or funds as security for a debt. If you have been injured in a New York personal injury case and received checkup discussion, you may need to satisfy specific liens at the termination of your case before money recovered in a village, verdict or award is paid out to you.

What does the NYC Department of social services do for You?

In New York, if Medicaid asserts a lien against a personal injury claim, it must also comply with the provision of the New York State Social Services Law § 104-b, which includes proper written notice to the Medicaid beneficiary.

Do I need an attorney to manage my medical lien?

What is a lien? A lien is a claim against property that FKmay be used to repay a debt. If you sell property that has a lien against it, the lien must be repaid before you get any money from the sale. Can the Department of Social Services (DSS) force me to put lien on my home before I can get public assistance?

Who can file a lien on a personal injury settlement?

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What is a Settlement Lien?

In general, a lien is a court order placed on one party's personal property to satisfy debt owed to a third person or entity. In the context of a settlement, the personal property is the settlement award, or at least the portion that the lien holder is asserting a right to.

Who May Have a Lien on Personal Injury Settlements?

Healthcare Providers. Some of the most common personal injury settlement lien holders are healthcare providers. In many cases, the injured party does not have health insurance or the party's health insurance does not cover all medical bills. Healthcare providers will seek to recover all medicals bills with a settlement lien.

The Future of Personal Injury Settlement Liens

Statutes and case law in many states are strengthening the rights of lien holders. In large personal injury cases in particular, there will most likely be at least one settlement lien is place. Every plaintiff involved in a personal injury case must be cognizant of settlement liens and prepared to navigate the complicated settlement lien process.

What happens if you don't pay a lien?

If you don’t pay, you can be charged penalties and interest up to double the original amount of the lien. You can set the full amount of money aside in a bank account, and wait for more than six years on the off-chance the government forgets about you, or you can take steps to negotiate a reduced payoff of the lien.

What is a medical lien?

Medical liens are used by health care providers to get paid for the services provided to you in connection with your injury. If you owe a doctor or hospital money for your care, you shouldn’t be surprised if they try to collect. Most people don’t realize that health insurance companies can use liens to recover medical costs paid on your behalf.

How to negotiate a settlement?

Here are some time-tested arguments for compromise: 1 Your continuing treatment costs still must come out of the settlement funds 2 You could need future treatment, which may not be covered by your insurance plan 3 You are permanently disabled by the injuries and need the settlement funds for life-long care 4 You need the settlement money to pay bills while searching for a new job, especially if one of the consequences of the injury was losing your job. 5 A portion of the settlement is compensation for your continuing pain and suffering

Why do insurance companies give subrogation rights?

State and federal laws giving subrogation rights to insurance companies are intended to keep down the rising cost of medical insurance. Many lawmakers contend that injured victims should not be allowed to profit from an accident by “double-dipping.”

What to do when you are injured by someone else's negligence?

When you’re injured because of someone else’s negligence, you expect them to compensate you for your damages, so you file an injury claim with their insurance company. In the meantime, you need medical care. Doctors, emergency rooms, X-rays, medications, physical therapy – the bills add up fast.

How old was Deborah Shank when her minivan was slammed by a tractor trailer?

Deborah Shank was enjoying her day off visiting yard sales when her minivan was slammed by a tractor-trailer truck, leaving the 52-year-old woman brain damaged and unable to care for herself.

Why do states have laws?

States usually have laws in place to help doctors and hospitals get paid for their services. These laws not only protect medical providers from financial hardship, but they also ensure that uninsured patients can still get vital services.


Casualty Liens

  • The Division of Liens and Recovery Casualty Program places liens and asserts claims against the personal injury lawsuit settlements of past or present recipients of Medicaid and Cash Assistance pursuant to NYS SSL 104 and 104-b. At the time of a lawsuit settlement, law firms and insurance companies must contact the Division to obtain a final lien amount. Total settlement amount fro…
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Estate Recovery

  • The NYC Department of Social Services (DSS), asserts liens and claims against the estate of deceased recipients' assets and/or personal injury action settlements for the recovery of benefits expended for Public Assistance and Medicaid pursuant to NYS SSL 104 and 366, 369 et al. At the time of a lawsuit settlement or estate proceeding, law firms and insurance companies must con…
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Real Property Liens

  • The Real Property Program places liens on real estate, including homesteads within New York City owned by Cash Assistance and Nursing Home Medicaid applicants. The liens are repaid at the time the property is sold or refinanced. Title companies, law firms and homeowners can contact the program to request a payoff amount or instructions on submitting a subordination agreeme…
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Other Information

Legal Papers

  • All legal papers involving a casualty lien, estate matter, or real property matter MUST be served at the following address: NYC Department of Social Services Office of Legal Affairs – SLRLU 150 Greenwich Street, 38th Floor New York, NY 10007
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