First, on behalf of all the personal injury attorneys across this great country of ours who are doing their best for their clients every day, let me apologize to you and your family for the apparent failure of your attorney to handle your family's matter promptly and properly.
In my opinion there can be no acceptable excuse for not telling your family the truth about the statues of the Medicare issue or waiting so long to provide Medicare the required information. It does take months for Medicare to respond once the required information is provided to them. However, at this point it isn't a Medicare issue. At best it appears to be a negligence issue on behalf of your attorney. It could be worse.
My suggestion is that you first contact the State Bar of Georgia and file a complaint against your attorney. The State Bar polices attorneys. It is likely to do an investigation and discipline the attorney if there is wrongdoing. You can find the State Bar at http://www.gabar.org/contact_the_bar/.
Next, I suggest that you consult with a local highly respected personal injury law firm regarding them taking over your case. If another law firm takes over your case, your former attorney may have to forfeit all or part of the fee he charged you (because he didn't complete the work). Your new law firm can then get the appropriate paper work to Medicare and get your case wrapped up.
An alternative would be to tell your present attorney you are going to take this matter to another attorney if he doesn't release all remaining funds and file the Medicare documents immediately. And if Medicare wants reimbursement, he is to pay it out of his pocket as a penalty for not properly and promptly handling your case.
Good luck to you. And again, my apology for what you and your family have been through.
Bisnar|Chase, Personal Injury Attorneys
Trusted Professionals, Proven Results