Got Medicaid? Here’s Why Your Injury Settlement May Take Longer Than You’d Like
If you’ve been hurt in an accident and you’re covered by Medicaid, you’re probably anxious to get your settlement check and move on with your life. I get it. But if you’re wondering why it’s taking so long, let me give you the short version:
It’s because we’re waiting on Medicaid.
And they don’t exactly move at lightning speed.
What’s the Hold-Up?
When someone on Medicaid gets a personal injury settlement, the law says Medicaid has a right to be paid back for any medical expenses they covered related to the injury. That’s called a Medicaid lien, and we absolutely have to know what that amount is before we can finalize your case and send out any money.
Sounds simple, right? It’s not.
Getting that lien amount from Medicaid takes weeks, sometimes even months. We have to request it, wait for them to process it, sometimes follow up multiple times, and only then do we get the final number. Until that happens, I can’t legally or ethically release any funds.
Can’t You Just Estimate It?
Nope. I wish I could. But the rules don’t work that way. If we guess wrong and don’t withhold enough, Medicaid can come after me—and worse, they can come after you. That’s not a risk I’m willing to take with your money or my law license.
Here’s the statute that governs it: N.C. Gen. Stat. § 108A-57. It lays out exactly what has to happen before settlement money can be distributed when Medicaid has paid for any of your treatment.
Didn’t You Write About This Before?
Yes, and if you want a more in-depth look at how Medicaid liens work, check out my earlier blog post here:
👉 Understanding Medicaid Liens in NC Injury Cases
The Bottom Line
If you’re on Medicaid and you’re expecting an injury settlement, please be patient. The delay is not about me dragging my feet—it’s about waiting on the government to tell us what they’re owed. I follow up. I push them. I keep your case on my radar. But this part is outside of anyone’s control except the folks processing the lien.
When I say I’ll get you paid as fast as the law allows, I mean it. Just understand that when Medicaid’s involved, “fast” is a relative term.
📞 Have questions about your injury case and Medicaid? Call me.
🖥️ jeffreyhowardlaw.com
Let me deal with the red tape—so you don’t have to.
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