DPW Lien Resolution. www.schmidtkramer.com. By: Joe Chapman Schmidt Kramer PC (717) 888-8888 firstname.lastname@example.org. December 3, 2012. Example 1: the big easy. Tractor Trailer accident with $100,000 of first party benefit and Settlement for $85,000.
Schmidt Kramer PC
December 3, 2012
Tractor Trailer accident with $100,000 of first party benefit and Settlement for $85,000
—beginning of claim
-- settling the case
Department of Public Welfare
Office of Administration
P. O. Box 8486
Harrisburg, PA 17105-8486
Date of Birth: ____b/d____
Date of Accident: August 10, 2010
Dear Sir or Madam:
I write in follow up to my ______date____ letter in which I notified you that the Department may have paid medical bills related to an auto accident on ______date of incident____ for ____client name____.
More specifically, I wanted to outline the injuries that she suffered in that accident so that you can most easily identify bills which were paid related to the accident: right distal intro-articular radius fracture; right wrist injury requiring splinting; disc bulge at L4-L5; back pain requiring physical therapy; back pain requiring steroid injections.
Please also know that we have reached a tentative settlement agreement with the tortfeasor in the case for $___dollar figure___. To that end, I would very much appreciate if you would provide a Statement of Claim so that we can take care of our responsibilities to the Department, as well as move forward on settling the case for our client.
Should you have any questions, please telephone me at my office. Thank you.
Very truly yours,
SCHMIDT KRAMER PC
D. Joseph Chapman
Attorney at Law
DJC/awwNotice of settlement
Rule 3.2 Expediting Litigation
Small auto case where Plaintiff passed away during the case from problems unrelated to accident.
I write having reviewed your Statement of Claim from August of 2012, concerning the Estate of Heather.
As you will recall, this office represents her for an auto accident which occurred on February 11, 2010. Heather’s treatment for the injuries she received in the auto accident was limited, and the settlement which is tentatively agreed to with the third party insurer represents that amount of treatment. I have attached our Demand to this letter, so that you can see we claimed medical treatment only up through the latter part of 2010.
I noticed that all of the medical expenses included in your Statement of Claim are for dates of services which are 2011 and later. Please know that Heather was diagnosed with cancer as well as serious problems with her kidneys, which eventually led to her demise in 2012. I do not believe that expenses contained in the Statement of Claim are attributable to the car accident for which we pursued a claim against Erie Insurance. Again as my reasoning I use that all of the treatment claimed in our Demand was through 2010, where all of the medical expenses were for dates of service following January of 2011 in your Statement of Claim. If you would, please review the Statement of Claim expenses and let me know whether you are willing to retract your assertion of a lien in this situation.
Should you have any questions, I would be glad to talk to you about any of the information in my letter. Thank you.
Make sure that you only pay
DPW back for expenses that resulted from the accident…especially where comorbidities.
Rule 1.6 Confidentiality of Information
Start Early, That is Your stick!
The Center for Special Needs Trust Administration
4912 Creekside Drive
Clearwater, FL 33760
Arc Community Trust of Pa.
1004 West 9th AveKing of Prussia, PA 19406Phone: 610-265-4788Fax: email@example.com
Recall: In the Third Circuit’s Tristani opinion it was
concerned about the procedure for a dispute over
the amount of the lien.
But it doesn’t always
work out that way.
Settlement before suit
Obviously compromised value
Not a minor/incapcitated person/deceased
You want a hearing
Pa. Code Administrative Hearings
55 Pa. Code § 275
Dateline: Friday, November 30, 2012: 3:30pm.
Email explaining how it would come about that our clients would be given the opportunity to have an administrative hearing.
If there is an indication that the statement of claim is under dispute and consensus cannot be reached, then we refer the case to our legal office for creation of a statement of claim with appeal rights letter. This is not a standard letter in our suite of correspondence as it requires the oversight of legal counsel. The letter includes instructions on how to appeal.