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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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OptumRx prescription insurance company under United

Customer Question

OptumRx prescription insurance company under United Healthcare sent a check to my house in Sept. of this year for over payment for drugs for my late husband from 10/01/10 to 11/13/10. The check was made in my husbands name for the sum of $1,621.44. He passed away on 6/13/11. At that time I change our joint bank accounts into just my name. I tried to deposit this check into my account but even with a copy of his death certificate the bank wouldn't do it. They said I need to get Optum to mail me a check in my name. Here in lies the problem. I have been fighting with them since Sept. to get this check. They keep giving me the run around. Different fax numbers and addresses. They keep telling me they want a copy of the un cashed check and his death certificate. I have faxed them this info on Sept. 28 Oct. 22 Nov. 6 Nov. 16 Nov. 17 Dec. 4 They keep telling e they have record of getting these. They have even given me to different address that I mailed theses copies to. Originally they told me to keep the check and just send them copies which I have been doing. Now they are saying the check is still open. Of course it is, I can't cash it. Now they want a copy of his executorship for the estate. There was none as we didn't file anything because everything just automatically went to me his wife. My daughter is a para legal for a law firm in Philadelphia. She is going to fax to them tomorrow a copy of his will. I am loosing sleep over all this. I am 76 and can really use this money. I know they are trying to get out of paying this. I want them to pay for this so they don't try and pull this on any one else.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Please accept my condolences for your loss. I am very sorry to hear of this situation with the company.

You say that your daughter (a paralegal) is assisting you. Have you utilized a "Small Estate Affidavit" for these funds: ex: http://www.dauphincounty.org/onlineforms/Small%20Estate%20Affidavit%20Under%20Pennsylvania%20Statutes.pdf

Customer: replied 1 year ago.
I really have no idea. My daughter spoke with this gentleman from Optum on Friday. She then faxed to him a copy of the death certificate and the check. She is going to fax them a copy of my husbands will stating that everthing went to me, tomorrow.
Expert:  CalAttorney2 replied 1 year ago.

I would follow up with your daughter re: this small estate affidavit, and whether or not she has used it - it is a shortcut to probate that is permitted for estates less than $11,000 in PA that allows the transfer of assets and property without having to go through probate court.

(You may want to visit your court's self help desk as well - I am certain your daughter means well, but unless her firm deals with trust/wills/estates/probate matters she may not have the requisite experience to assist you. This matter is relatively straightforward and your court or law library should have a self help desk that can help you complete forms, etc. to transfer small amounts such as this - they won't give you legal advice, but they can provide forms, etc. A properly drafted affidavit should be sufficient to help you deposit this check into your bank account as is, or failing that, allow you to cash the check at the bank it was drafted from.)

Customer: replied 1 year ago.
All I ask for is what is rightfully mine a check in my name. That is a sizable amount of money they over charged. I don't know how many people they may have done this to. I am not going to let them get away with this. They have messed with the wrong person. I will fight them to the end. I can't afford to keep putting money out thank you Good by.
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill