Join me as I Submit my United Healthcare Out of Network Claim
May 26th, 2010. By AbiK
The much-anticipated Notice of Proposed Settlement for the United Healthcare (UHC) class action lawsuit about Out-of-Network (OON) charges being improperly reimbursed has finally landed in my mailbox—perhaps yours, too.
Chances are, if you’ve received the UHC OON settlement notice, you glazed over it and tossed it aside while simultaneously feeling some sort of nagging inside—that nagging you feel when you know you should do something but it’s just too much of a pain in the ass to do it. Windexing the windows falls into this category as well. The difference between the windows and the UHC settlement though is that at least you KNOW how to do the windows; just try to figure out how to submit a claim for this settlement.
So I’m going to go through the process with you—yes, I’m going to fill out the paperwork and post about it so I can feel your pain and hopefully help you make sense of it all along the way. And so our little journey begins…
My UHC Out of Network Settlement Experience: DAY 1
The UHC OON Proposed Settlement in hand, I rip it open to find a sea of text that immediately starts to confuse me. It’s not the lawsuit I’m confused about—we’ve followed the AMA v. UHC class action. It’s what the heck I need to do now. So I force myself to read the hideously dense serif text and here’s what I need to do:
1. Ask myself, was I a United Healthcare Subscriber…
at all between March 15, 1994 through November 18, 2009? Ok, yes, I was.
2. How long do I have to submit a Claim Form for this?
(i.e., how long can I procrastinate?) I have until October 5, 2010 to submit a UHC settlement claim form. Seems like a lot of time, but not if all the writing in this thing means I’ve got legwork to do. So I need to…
3. Figure out which Claim Form to submit…
I can use either the “Simplified Claim Form for Subscribers” (option “Group A”) or the “Out of Pocket Subscriber Claimants” form (option “Group B”) or the “Subscriber Claims for Adjusted Bill Amounts Not Fully Paid by Subscriber Claimants” form (option “Group C”). There’s an option “Group D”, but that’s for providers only.
Somehow the “Simplified” option seems pretty simplified compared to the other wordy claimant groups. Kinda like that 1040-EZ form. But, in similar fashion, if you take the easy way out, you risk getting a smaller amount of dough from this settlement.
See, if you go with the Simplified option Group A form, your “recognized loss” will be $50 for each year of the class period that you were a UHC subscriber (ie, 1994-2009). Fifty dollars a year isn’t bad, but I know I’ve written checks worth a lot more than $50 to pay for my “Out of Pocket” OON charges. In order to try to recover that cash, it’s on to the option “Group B” form.
The Group B folks are able to recover 100% of their Out of Pocket amount—though 20% will be deducted—up to $2,000 over all my claims—to account for co-payments, co-insurance, or deductibles I would’ve owed anyway.
So onward.
Here’s where it gets a bit more complicated.
4. What do I need to submit if I go with option B, Out of Pocket Subscriber Claimants?
I need proof! I need my bills! My Statement of Benefit forms!
Sh!t.
I don’t have them.
Oh—but look! It says here, “For assistance as a Subscriber or Provider filing a Group B, C or D (D is for providers only) claim, you may request the Claims Administrator to send you certain information furnished by the Defendants…regarding the Covered Out-of-Network Services or Supplies you either received or provided from January 1, 2002 through May 28, 2010. However you must authorize the Claims Administrator to send you this information.”
Notice, the class period goes back to 1994; you can request information only back to 2002.
So, I call the Claims Adminstrator’s toll-free number. FYI, it’s 800-443-1073. I spoke with Matt. He tells me that the defandants were only able to provide records back to 2002. So for anything that pre-dates that, you’re on your own. You can either pray you’ve got the records, or you can try your doctor. Though neither of those options—at least for me—would probably yield much.
The Claims Information Request Authorization Form (which is available over at berdonclaims.com) is what I need to fill out in order to receive the information I’m looking for. I print it out, fill it out, and mail it. And now I wait.
Given that there is a bit of legwork involved if you’d like to submit a more “itemized” claim, I can’t urge you enough to get moving. It’s the end of May, and all your information needs to be submitted (postmarked!) by October 5, 2010. The time will fly.
So, more to come…hang with me.
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Question – wouldn’t it be better to file a Group C claim and just file for the 70% of the amount unpaid, rather than opening old issues witht the surgeon? You can still continue fighting with UHC.
BY he way, I filed my claim today, Certified Mail, Return Receipt. Package was just under 5 lbs.
Hi George, It really depends on the situation…the history…etc, so hard to say. But wow!! Just under 5 lbs! Well, I have to say Congratulations! And believe me, it’s heartfelt as I still have to complete my paperwork this weekend and I know it’s no small task!
Thanks for the response. According to a message left by the doctor's office today, they are not submitting it because the problem with the bill is that it was paid according to Medicare reimbursement comparison not reasonable and customary (R&C is what I was told it would be paid at per the doctor's office conversation with UHC prior to the surgery, hence the problem) I spoke with a representative at Berdon and they told me it would cover all out of network benefits. So I will now be submitting it, but still unsure if I should make payment arrangements so I can get the higher percentage of reimbursement if it qualifies.
I will be spending the entire weekend photocopying 3 years of bills and finding the checks and statements.
Appreciate all the help
Hi Sheryl, I'm glad you called both your doctor and Berdon on this one–as you're seeing, not all claims are straightforward. Given the limited time until the due date for this (as you know!!) you'd have to arrange the payment plan and obtain proof of payment for at least the initial payment asap in order to be able to submit it this week with your claim. I suppose it's worth a try, but as you're seeing, the claims process is not a 5-minute exercise… Good luck with your photocopying–I'm right along there with you!
I am very late to this party—–but I thank all for the great info. I would qualify many times over for the Group B action, since there are few if any in Network providers in Maine. I do have many, many pages of EOBs, bills and my notes of what I paid out of pocket. However, I am considering just submitting from 2007 to 2009 since my husband is a cancer patient and those bills etc are divided into 6 month binders and my info is very meticulous. Before that, I have yearly folders with things stapled together as finally bills were paid off.
This is my question: I have been a subscriber from 1994 to date. If I only submit for certain years under the Group B, for those I can adequately supply info, will I then receive the basic $50 for the other years? I know you cannot be group a and b, but wonder how this works overall. Also, somewhere I did see that the $50 is not guaranteed, it depends on the final number of claimants divided into the settlement funds, so it may be less.
I would appreciate any input or reply–thanks!
Hi Geri, Yes, you can only file under one "Group" selection. That's why for some folks–particularly those who can't locate their proofs of payment, or those whose "amount paid" were not too significant–it may work out more to their favor to submit a Group A claim. Each person, unfortunately, has to sit down and run the numbers to see which Group is more advantageous to file under. My guess–and really only you can determine this for yourself–is that if you have all the paperwork for 2007-2009 and you made substantial out of network payments, then it may well be better for you to file as a Group B for those years only. You're correct about Group A–ie, if the number of claimants for Group A leads to a distribution of greater than $50M, then the recognized loss for Group A claimants will be paid on a pro rata basis, up to a cap of $50M.
Most importantly though, I hope the prognosis for your husband is a very positive one and that his health improves–I wish you all the best.
Has anyone begun getting the disbersment from the lawsuit?
Hi Kristi, No, that process will begin only when all claims are submitted–and the due date for that is Oct. 5th…
I am so glad to see this blog… thank you for all of your help! Really sat on this one… Not looking forward to the paperwork. I have a question about whether or not a facility is considered OON, our insurance included a rider for cancer treatment at Sloane Kettering – my understanding is that the treatments are out of network but Sloane Kettering accepted terms with UHC to bill at a reduced rate. The info I received from UHC using the request form did not include any of the cancer treatments as OON. If they weren’t OON, why did I pay so darn much for the treatment over and above their allowed amount? I did order & received all of my cancelled checks for payments to Sloane Kettering for both doctors & the hospital. It is almost impossible to match up the two different bills from Dr. & hospital & the EOB’s – it seems that nothing is listed together… sometimes insurance payments to Hospital took months to catch up to the bills.
Any clarity would help… I’m totally confused as to whether or not group b is worth the sleepless night filling out paperwork?
Thanks.
Hi Ariele, The fact that you state there was a rider makes your situation a bit more complex–and if there were a rider, my sense is that it would make your charges "in network"–so I'm not clear on the specifics of your situation, and unfortunately, unless it were a bit more clearly stated in your EOBs, my only advice may be to call the claims administrator directly to find out how your info should be submitted. It sounds as though whatever original EOBs you have, plus the proofs of payment (cancelled checks), would need to be submitted, if indeed the Sloan-Kettering treatments were OON.
I mailed my claim…don't know what to expect….i had 8 claims for about $18k….when I read folks are sending in 5 pounds of documentation my guess is we'll only see 5 to 10 cents on the dollar..if that much.
Just wanted to thank you for your forum. It was very helpful.
Hi Joe, Thank you–I'm glad you found it helpful! (yeah, we'll have to see what we all get back…mailed mine out this morning too…)
I'm hopeing more than 5-10 cents on the dollar. I would think a lot of people got fed up with going back through the documents, particulalry the EOB's (if they kept them) and just filed a Group A claim. We'll see.
Maybe you can keep this open and we can let each other know as the requests for add'l information and/or declinations start coming in.
Thanks for setting it up and keeping an eye on it.
Hi George, Thanks for your comment–and yes, I imagine a number of us did say "the heck with it!" and just submitted the Group A claim. We'll definitely keep the blog and this post and all its comments open–it's become a bit of a forum for everyone and we're glad so many have found it helpful!
called claims administrator this morning..on hold for 30 minutes. claim submissions will be accepted after october 5 deadline as long as you file something before october 5… so if your not done with your paperwork send in what you have… then send in the remainder at a later date. just include your name & address, ss#, policy # and claim number if you have at the top of every document sent..i just found out about this litigation ten days ago! already sick of going through years of documents.
Hi Drew, Thanks for this update!
Just for clafification at the 11th hour for procrastinators like me….when you "submitted" after the Oct. 5th deadline, I am hoping you still mean "postmarked" by Oct 5th. Thanks
Hi E Bynum, Gosh! I feel like the IRS on the eve of April 16th! But yes, according to everything I've seen regarding this settlement, the October 5th deadline means POSTMARKED by October 5th. (and if it didn't, mine isn't getting there…) Good luck!
Still struggling with the claim form and deductibles/copay.
Example:
Original Bill 60.00
Not Covered on EOB 25.46
Allowed amount 34.54
Paid portion of Adjusted Bill excluding copament/ded: 24.18 (this is what UHC paid at 70% as coinsurance was 30% at 10.36)
??Unpaid portion of Adjusted Bill excluding copayment/ded: ?? What is this
a. 34.54(amt allowed)-24.18 (benefit available-30%
copay =10.36
b. 60.00- 34.54 =25.46 amt not covered
c. 60.00-24.18 (what plan covered)= 35.82 (the actual amt I
paid.
If you go with a, I have already paid 30% and now they will take additional 20% off of it-doesn't make sense. This is the unpaid amt of the adjusted bill, but it is the coinsurance I thought this settlement was supposed to cover what they disallowed which would be example B. It seems if you follow their headings, you can not be submitting the copay/deductible and you are therefore getting hit twice. Burning the midnight oil, looking for any further insight. Thanks
Hi Sheryl, The two amounts that will matter here are what UHC stated as the allowed amount (ie, $34.54) and what you actually wound up paying your provider–the amount you paid your provider is, in effect, the "adjusted bill" amount. The unpaid portion would be any balance of the adjusted bill that you have not yet paid–so if you received a statement from your provider for $25.46, and you have not paid any portion of that, the portion you have not yet paid is the amount you put down for "unpaid portion of adjusted bill". Now, for the "excluding copayment or deductible", chances are, if you had a co-pay, you paid it upfront at the provider's office and it's not on your EOB–it's a fixed amount you pay for any doctor/specialist visit that's separate from your current charges with that provider–so that's already excluded. (keep in mind, "co-pay" and "co-insurance" are two different things–your co-pay is the $25 (or whatever amount) you pay upfront for a doctor visit; your co-insurance is the amount of the bill you're ultimately responsible for after UHC pays its portion). In terms of the deductible, you would have to look at the EOB and see whether you had already met your deductible for that year–and if you had several EOBs around that time, it can be a bit of a challenge to sift through all the info on the EOBs to determine exactly where you stood regarding having met your deductible or not. Given that your claim needs to be postmarked by today, I'd just submit whatever amount you did not yet pay for "unpaid portion"; you can also try to call the claims administrator for their take on this, but you may be on hold for a bit given that today is the due date;
thank you All but my one large claim, I have paid billed amt in full at time of visit. Still can't figure out the deductible. It really shouldn't be excluded in the last two columns since they are going to take 20% off the claims. Thanks for all the advice, finishing up now hopefully
postmarked TODAY….send them what you have ready. i am positive those who file more claims after 10/5 will have a year or better to continue to submit. this will not be no easy task for those examining all submitted claims. also i should mention its very important to send your documents certified mail at this time. good luck and good health to all!
The plot thickens…called Berdon and the automated recording stated you would have time to correct incomplete information and the representative told me today's deadline is only to say you are participating, they do not have a deadline for when everything has to be in. This is totally contradictory to the information in the mailing and he said that has been the information going around there all day today. The letter I have from my request for information from UHC states "Please be advised that our receipt of your request for claims data prior to the October 5, 2010 filing deadline serves as confirmation of your on time claim submission." Page 8 and 9 of the settlement mailing states "you must complete and sign this claim form and submit…by October 5, 2010."
Mine is postmarked today, but there may be time now to find more claims or proof of payment and send it in the future.
Hi Sheryl, Yes, and one of our other commenters had indicated the same thing from Berdon–I had not yet called myself on this, but it does appear to be the case, contrary to what everything indicated in writing states. My sense is that they omit that detail when they put the "due date" in writing as to avoid confusion–and, I suppose if we all knew we had more time to dig up more claim information we'd all be procrastinating even more! I know I surely waited until the last minute to finally sit down and send everything in. But you're right, it is contradictory and for those who really could use the extra time, it would've been nice to know…(still, for anyone else out there reading this, you do need to at least submit your claim form TODAY)
Darn post office.
They're open till 7pm so I mailed it at the counter. Certified. As I left I noticed the "bullseye" on my receipt said Oct 6. I returned and inquired and after 5:45 they postdate to the following day.
?
On April 15, you have till midnight that night. And they still postmark it April 15.
Hi Navin, Something sounds way the heck fishy on that one–and you're right–go to any post office on April 15th, and you'll have till 11:59 pm that night to still be able to get your tax return postmarked "April 15"…well, here's to hoping that your claim is fine regardless of what the stamped date on it is…
I just wanted to thank you for your help with this paperwork. I happened upon your blog during the summer just after I had received the forms in the mail and I promise you there is no way I would have submitted all the paperwork this week without your help. The language on the forms is/was daunting, but your explanation (and empathy) made it much easier to understand and to get the ball rolling. I checked back here several times over the last few months. Couldn’t have done it without you.
Hi Sabrina, Thank you so much for your comment–I truly take it to heart, as while I never get to meet any of you face to face, this is a community and we're all here to help each other, learn from one another–and even at times get our dander up with one another! I'm so glad you found the post and all the commments helpful as you went through the UHC settlement paperwork–I know it was not an easy task and it was certainly frustrating at times. Again, many thanks for your feedback, and keep us bookmarked!
Claims already filed but I have a question regarding the documentation supporting the claim. I have one claim to an 'out of network' provider that was $10,000. The bill was paid in full directly to the provider. UHC allowed $8,000 and paid 100% because I had already reached my 'out of pocket' maximum to out of network providers. On the group B claim form I listed the claim as follows:
Original Bill Amount $10,000
Allowed Amount $ 8,000
Adjusted Bill Date (I listed the date on the EOB when I was reimbursed the $8,000)
Adjusted Bill Amount $2,000
Paid Portion of Adjusted BIll $2,000
I submitted a copy of the EOB and the copy of my credit card receipt for $10,000. The EOB doesn't say the provider was out of network and I'm now concered that because the percentage paid of allowed amount was 100% folks at Berdon will consider the provider as in network. Is this a problem….did I need to submit additional information or the fact that I paid the original $10,000 shows that the provider was out of network since an 'in network' provider would have accepted the reimbursed amount. Thanks
Hi Joe, I can't be 100% sure on this one, but my guess is that you should be ok given you've submitted a copy of your EOB–all charges get coded and it should appear somehow on the EOB that this was out of network, even though they paid the allowed amount in full given your status of having reached your out of pocket maximum.
Thank you again for all your help. The forms were confusing, and I am still unsure about the whole deductible thing, but this was all so hwlpful. Hoping this was worth if for all of us and everyone posts any updates. Great job!
Hi Sheryl, Thanks so much for your comment. I'm glad you found our post and all the comments here to be helpful. And yes, I hope everyone posts updates as well–it will be interesting to see how everything nets out for everyone!
Joe,
I am not sure if that claim will be eligible for repayment.
The lawsuit was not for all out of network claims. It was for claims processed out of network using the Ingenix database. The second part was key.
Unless the EOB has a remark code stating something to the effect of "A non network healthcare provider of facility provided these services. Your claim has been paid based on your benefit plan, which uses benchmarks established by the federal government…" then your claim is very likely not eligible. Sorry.
Any time frame on when those who qualify will start seeing reimbursement. I'm guessing months if not years.
Hi Junior, It'll be a while…I'm guessing months, but who knows. Keep the toll-free number for the claims administrator–or their website–as typically once the due date for claims has passed, the administrator will periodically leave a recorded message or post an update on their site regarding the timing of when checks will be mailed.
Truly appreciate your feedback and replies. Thanks!
Hey Junior–thanks–anytime!
Having gone through the process it will take a lot of time.
1. They need to get all the claims in and set up claim numbers.
2. Need to review the claims to seeif they are accurate and then put the information in their database.
3. Letters to the claimants with the value of the claim and a date when add'l information to support the claim filed will be allowed.
4. Analyze all that date and input to the claim system.
5. Determine the total amount of claims and the priority of payment.
6. Determine the percentage of the claim(s) to be paid and get tha approved.
7. Make the payment.
I would think 2012 sometime.
Well, I'm probably too late to do anything about this now….didn't fill out the forms….don't even know if my bills were eligible…..live and learn! Still have $7500.00 I've got to pay for surgery and care that was provided because of an after surgical infection…..none of it was my fault….not even going to the out of network provider….I was taken by ambulance and had no say….but I get the bill…..that I am sure of. It's in collection now…..bummer.
Dawn,
While they may deny, if it was me I'd still file even though it is late. Let them tell you it is too late.
I have a question about filling out the chart for Submitting a “B” claims.
My EOB from UHC says the following….
Amount charged: $275
Not Allowed: $15
Amount Allowed: $260
Plan Covers: 80%
Benefit Available: $208
I paid a check directly to the doctor for $275 the day I had the appointment.
Please tell me the amounts that should be listed for:
1. Original Amount (this is an easy one….$275)
2. Amount Allowed
3. Adjusted Bill Amount
4. Paid Portion of Adjusted bill
So confused by what the proper amounts are that should go on the claim B chart.
Thanks so much for all the help!
Hi Sally, the amounts you stated, as they appeared on your EOB, are the amount to list on your claim form. What makes this a little trickier, is that you should have received a check somewhere along the line reimbursing you for the amount you paid to your doctor that UHC was covering. So, in the instance you've outlined, that would be $208, because you paid in full at the time of service, but you would've been responsible only for the difference between $275 and $208, or $67, once the claim went through UHC. That's part one of this and only you would know if you received that reimbursement. In terms of filling out the claim form, though, the figures you have are what you would put down on the claim form for each of those fields–so "amount allowed" is still going to be $260. Adjusted Bill Amount would be the adjusted bill from your provider (doctor) but you didn't receive one as you had paid in full. So for that, the adjusted bill–assuming you've received your reimbursement–should be the $67. And your paid portion would be $67–but only if you've been reimbursed for the $208 you paid up front that was in fact paid by UHC.
I forgot to mention in the above that a check from UHC for $208 was sent directly to the doctor. Thanks.
Hi Sally, Ok, then you should’ve received a check from your doctor as a reimbursement since you paid in full up front. If you haven’t received that, it’s probably a good idea to follow up with the billing office at your doctor’s to find out what ever happened to that check and why you haven’t received it (assuming you haven’t yet gotten it)
All,
Thought I'd call the administrator and see if they had any initial update. They did not nor would they even confirm my claims had been received.
I saw a report that said 650,000 claims were filed. I presume many of them were small (Group A Claims) but all would need to be reviewed.
The process will take a long time. I would suspect that maybe late 2011 they will start sending letters either approving the amounts we filed or declinations of some or all of the amounts. We'll see.
Hi George, Thanks for the update on the UHC out of network settlement! Agreed, it will take some time….
I have been crying for 3 months and very stressed. My husband worked and retired from American Airlines. They have UHC. Once I became disabled and got Medicare part A only this is when the problem started. They went from paying 80% to 20%. My husband is very ill but promises to call AA. UHC said when he retired that there was a provision in there stating for whatever reason, once I became elligble for Medicare that left them off the hook. My husband retired in 1995 before the new agreement was put in writing. He states there is no provision in there when he retired.
I could not afford part B still cant afford it. I cant afford them to take $99 out of my very small disability check. Every penny is counted for. I cant not even afford to go to the doctor now or get any of my meds. I have fibromyalgia (advanced stages) and Rheumatoid Arthritis (advanced stages). I now cant not afford to go to my next pain clinic appointment because they have not paid any of the bill since Oct 2010. I owe them $250. I cant afford going back for my medication which allows me to keep the disease in check. I dont know where to turn.
I got on the phone with UHC and they told me to stop calling and hung up on me 3x.Please help me. I am so lost and in pain that I cant stand it anymore.
The link to download the forms you mentioned is gone. I guess I am on my own in this mess.
Berdon News Bulletin that states over 650,000 claims filed (possibly up to 1 million) with a 12-18 month window to review and process claims.
Link to read the article
http://www.berdonllp.com/aboutus.asp?id=berdonint…
If that article is right, then we will probably start receiving payments in May, 2012. But, that was a speculation of Berdon closing out the case in 12 – 18 months (from Nov, 2010).
I think about this every once in a while. Will they accept all of my claims? I had already gone through every single one, to determine which they would cover and which they wouldn't. I didn't want to waste any of their time. 600,000 claims. Some with multiple claims – dependents of primary. Other things I wonder:
Did many people become so frustruated with the process, they decided to just submit Group A?
Did many people not provide enough proof, so they are reverted to Group A?
If there are 1,000,000 claims and let's say each claim consists of 10 years of Group A = $500…that's $500,000,000!!! The suit is only for $350,000,000 plus accrued interest. Wow, that just really depressed me. That $350 mil is AFTER the lawyers get paid, right?
Anyone else been thinking about this lately?
New update…Received a phone call from someone at Berdon Claims this morning. (I am assuming Berdon hired people – who are working out of their house, as this guy didn't seem professional at all)
In any event, I had submitted a LOT of pages – claimed group B – roughly $50k owed to me, based on this suit – however, we spent and are out, a few hundred thousand…I digress.
The gentleman asked me if I had my claims on an excel spreadsheet????!!!!
I am floored. It took me FOREVER to put those claims together. I would have LOVED to use Excel or something else…however, the instructions specifically stated if submissions weren't prepared as indicated, they maybe rejected.
I was so scared and am still scared of my claims being rejected, I didn't take any chances. Now, this guy makes me feel guilty because it is all handwritten and he has to do the math himself.
AWESOME!
Anyone else get a phone call like this?
Haven't gotten a call like this. Did get a reminder notice postcard dated March 25, 2011. Hope that was a mass mailing only. Concerns me since I had sent in my whole claims package to Berdon and got a return receipt dated September 3, 2010. Then getting a postcard in 2011 stating I have 60 days to get them my info. Sent Berdon a letter on April 15, 2011 stating as much.
I asked for the 'assistance' section because there were so many claims for my teenage daughter's cancer claim
I just received a letter from Berdan saying if I didn't fill out a spreadsheet, they were going to close it as a simple claim and send me $50. There were hundreds of thousands of dollars in this claim.
After telephone tag with their office, they are now trying to tell me I have to understand all the original issues in the suit, classify all the thousands of my daughters charges, calculate all the 'should have been charged' amount, and run a total for them.
I've asked for a copy of the settlement document. The class actions I've read always contain a clause, 'to the claimant’s satisfaction'.
Currently, this is not to the claimant’s satisfaction, a material breach of the administration agreement.
Has anyone else noticed this?
In the redacted settlement document, in section XII, it states, "Settlement Class Counsel will apply to the Court for an award of attorneys’ fees in an amount not to exceed 25% of the Cash Settlement Fund and reimbursement of expenses not to exceed $1,500,000."
But in the filed court order in section 25 http://www.uniteducrsettlement.com/pdf/20101005%2…
"On the basis of its review of the foregoing and on the presentations and other proceedings at the Final Settlement Hearing, the Court hereby awards Attorneys' Fees to Lead Settlement Class Counsel in the aggtegate amount of $87,500,000.00, representing 25% of the Cash Settlement Fund"
Makes you wonder why we have to go through hoops for a lousy $50, doesn't it?
Hi Pat, I hear and completely understand your frustration. And, I’m very sorry to hear the reason for your insurance claims and I hope your daughter is doing well. It’s true that $87M sounds like a hell of a lot of money. Certainly in relation to what a claimant could foreseeably receive ($50). I’ve always had a beef on that front–but not with the attorney fees per se; It’s the amount that goes to the claimant that ticks me off–particularly when I hear of situations like yours. But I want to explain why the attorney fees themselves don’t get me rattled–and I don’t think most folks see this side of the equation (it’s not exactly published in the press, and any Settlement documents surely don’t reveal an itemized expense report for the atttorneys). In a class action lawsuit involving as many defendants (and millions of plaintiffs!) as this did, it takes a long time to litigate the case. The UHC class action started in 2000. It’s going into it’s 12th year. And no one–attorneys included–has received a dime yet. Now, in order to pay for everything to litigate a case over a decade, you can imagine there are staff salaries, admin support, overhead, taxes, fees, travel expense and on and on. For OVER A DECADE. Many law firms have to go out on credit and get loans to actually fund such a case–and, there’s no guarantee the case will be decided in the plaintiffs’ favor. Now, having said that, imagine that $87M over about 12 years. That’s $7.25M per year. (just doing straight math here–no time value of money stuff); Well, now take a chunk out for taxes. Next up is operating expense–things like rent, utilities, travel, staff salaries (keep in mind, that $7.25M per year gets split between multiple law firms typically in a large class action–so it’s not one lawyer or firm running off with millions); Oh, and let’s not forget any interest on the loans they may have taken out in order to stay afloat while the case is tied up for several years. You get the picture. And when you look at it through that lens, that $7.25M per year has to cover a fair amount–and just ask any sole proprietor how quickly you can burn through a million dollars with no yacht to show for it. So my beef is with what the claimants get–I’m all for the attorneys getting their due, but the settlement pool for claimants should be more in many instances–and trust me, UHC isn’t hurting.
I got a letter last week stating that my signature was not on my claim form (?? Highly doubt I would forget that important detail) anyway, the letter had a form asking for my signature and to return the signature no later than 30 days from the date of the letter. You can best believe, it is going out in the mail today! I had given up on hearing anything from Berdon. I filed in Group B.
I had the same experience, Jill. And I went to look on the form I submitted and no where was there a signature field. Maybe they goofed on the forms? Anyway, I mailed – AND FAXED – the form they sent me. Sort of like belt and suspenders insurance. Good luck!
I did everything as directed, and UnitedHealthcare has failed to provide me
with the requested information from June 2002 and 2003 as they were mandated
to do for Group B claims in the settlement. Instead, they conveniently left
out that information which included large amounts and sent some
insignificant doctor visits from '98 and '97. I had even unsuccessfully
appealed to my state insurance division which at the time would not
admit their error in calculating payments by this company.
Now, it is evident that I as well as others were shortchanged.
Anyone else have conveniently missing records which UnitedHealth
is under a duty as per settlement to provide ? I intend to notify the
lead prosecuting counsel as well as the court.N
I'm in the same boat as you, N Wilson. I thought I had everything necessary, but when I realized I didn't, I tried to get information and couldn't – phone calls went unanswered and unreturned, then when I finally reached someone, they said they couldn't provide any assistance. I figure United screwed everyone to begin with, so why wouldn't they just keep doing so while knowing millions of people will get shafted and United will pocket millions? This is the day after Thanksgiving, and I've been royally screwed, again. I urge you to notify the counsel of what they've done, as I will also do – there is power in numbers.
I called Berdon and they indicate they hope to make payments on the claims by the end of the year. I received dated October 26, requesting new info within 30 days on some of my claim so a year-end distribution is possible.
I asked them if they have any idea of the percentage of each claim to be paid and was told they do not have that info, not even an estmaite – that could be they do not have it or do not want to give it out; not even the Class A and B claim amounts.
Has anyone heard anything else?
SO WHERE IS THIS? I WAS HOPING THAT THE 50/ YEAR PAYMENT WOULD BE PAID QUICKLY. ANY IDEA WHEN THIS WILL HAPPEN?
Berdon Customer Service has a recording that says they expect to make payments at year end.
Has anyone received any checks yet?
Just FYI – emailed Berdon regarding the status and here's the response: "We are completing the processing of the entire case, and checks will not be issued until shortly after that happens. Amounts have yet to be determined and will not be calculated until the judge signs off on distribution. No estimate on time frame."
That's the same answer I received yesterday. They used the phrase "final stages" and said after some questioning the first half of January but then also said that could mean the first quarter. This group has not been open on information – some was understandable but other info feels like they are deliberately withholding information. Not the easiest group to deal with.
I am wondering if we will ever see the money. I got kind of excited when I read on here that the message at Berdon Claims, was they were going to mail everything out by the end of the year. I mean, I guess I shouldn't be waiting for the money, however, it is hard not to…
Looking forward to the day when people start letting us know they are getting their checks. I'll post as soon as I get mine. I am also concerned it will not be for the full amount claimed. Not even because of the amount of people vs. distribution amount, but rather because of the clarification info they requested and their "threat" to revert my entire claim to the $50/year claim A. I contacted a lawyer for that who told me to fax back the info with a note, "If this does not satisfy the requirements, please leave off my claim. DO NOT REVERT TO CLAIM A."
Hopefully, that worked.
Anyone else have any news?
Here is a link to the status on Berdon's site. Basically it sounds like checks will be mailed by end of 1Q of 2012. After you go to this link click on the "status" tab …
http://www.berdonclaims.com/cases/Details.aspx?ci…
Thanks Tony. This is new information on their website. It is shame they kept saying claims would be paid by the end of the year when they must have known better.
As to the amount of the checks, I presume they will not be the amount claimed since there will likely be more claims filed than funds to pay the claims, fees, etc. I did ask them if they have any idea on the percentage of the claim amounts to be paid but they either could not or would not tell me the percentage(s) or even a range.
Do people have claim numbers? I submitted my paperwork right before the 10/5 deadline but wanted to see if there was any way to confirm that they received and that I am part of the suit and can expect some money at some point.
Call the number listed on the their website and give them your social security number, they can then find out. With my number they told me that I was under United for fifteen years and I was in their system.
Hope this helps
Thanks Danny !
See items entered last week in the Court overseeing the litigation/disbursement:
Date Filed 01/18/2012
588 AFFIDAVIT of Michael Rosenbaum in Support re: 587 MOTION for Disbursement of Funds. (djc) (Entered: 01/20/2012)
Date Filed 01/18/2012
587 MOTION for Order of Distribution of the proceeds of the Settlement in the above captioned action(djc) (Entered: 01/20/2012)
I would hope this is the filing needed to now make the distribution. Not sure of timing though. Let's hope soon
when wil the action lawsuit start sending out checks to claimants.
The Judge signed the Order Approving Distribution of Net Settlement Fund on February 2, 2012 and it was filed February 3.
All the legal work is done and it is up to Berdon to disburse the funds.
No, I do not know when the checks will be sent out and Berdon could not tell me when I called them today.
From the Berdon website:
Status of the Litigation
Distribution Order Received
Checks will begin to be mailed shortly.
Latest today is the checks will be mailed in March. Person on the phone does not know when or the amounts. The recording at Berdon says the payments will be less than the amount claimed, which should not be a surprise, due to the volume of claims The person on the phone is not able to say what percentage of the claim amounts will be paid.
i have moved and have a new address. how can I have my settlement check mailed to my new address?
Hi Pam, Not sure how long ago you moved, but your post office (former) should be forwarding your mail to you should anything arrive at your old address; but beyond that, you can try to contact the claims administrator for information on how to proceed.
I GOT MY CHECK TODAY!!!!!! I'm thrilled that it is for more than $50 but it is a lot less than the $3k I proved I paid out of pocket. Just thought you would all like to know that the pay outs are coming 🙂
So out of curiuosity, Did you file "B" and was your check for more than the $0.1391/dollar? (that is the pro rata quote). Just wondering if "A" "B" and "C" calculated at the same "pro rata"
Yes I did file "B" and the .1391 seems to be about right. I would have to find my form for the exact number I filed for but $3k x .1391 = $417.30i s a little less that what I actually got (about $450).
Got my check today and it was only 10% of what I had submitted.
I too am upset! I claimed "B" and was sent a "pro rata share" which amouts to about $25 a year and again I did not opt for the "A" I don't know why I received the pro rata 🙁
Received check today…for less than a 1/10 of my claim.
Outraged!
Anybody else?
Got mine too and am quite upset! Like the above Ava T I received about 10% of my expected amout! I was paid the "pro rata share". I did the "B" claim and the check I received wasn"t doesnt even add up to $50 a year its actually more like $25 a year and again I DID NOT opt for the "A"!
Here is the answer I received from Berdon Claims about the calculation:
After a reduction of 20%, but no more than $2,000.00, payout is calculated at $0.1391/dollar. All claims are subject to a pro rata distribution. As stated in the Notice on pages 4-5 (see attached), settlement proceeds will be reduced if the amount of claims filed exceeds the settlement fund. We received in excess of $1.5 billion in claims and as such, all settlement proceeds were reduced in accordance of the Plan of Allocation.
Thank you Eva for the answer, LOL guess we gotta see the humour in that, ahhhh America, I'm betting the Berdon Claims (Lawyers) did not have a "reduction, pro rata" distribution of thier payment fee. Well folks I'm a bit ticked off but gonna work on looking at it this way, I'm a couple hundred dollars richer than I was last week 🙂
I got mine today too, 10% of what I proved which was well over $3,000.
From a previous post it was mentioned that $1.5 billion in claims dollars were submitted by us and physicians. Sooo…we have a $350,000,000 settlement pool minus $25,000,000 for lawyers and $7,900,000 to Berdon. From my perspective, United Healtcare is laughing all the way to the bank, since they have been released with no further litigation in this matter. My question is who approved the $350,000,000 pool which was woefully inadequate? Did UHC provide false $$$ amounts during the litigation?
It is my understanding that class actions pretty much work that way. The settlements are actually better for the defendants than the plaintiffs (except maybe the lead plaintiffs). The lawyers, the corporations, the courts are all in it together.
received a check for $158.78 after submitting claims for over $9000. Calculating the time to obtain EOB’s, check copies, credit card invoice copies,& filing Berdon’s forms, basically worked out to a little over $4.00/hr. Should have known this was a “Vaseline” job from the beginning. Anyone know if/when Ted Kaczynski likely to be paroled?