I'm in Pa. & on comp for 7 years. I just got a letter from my atty. saying that they were just contacted from WC Ins. company. My atty's letter: "The carrier has been paying you your entire entitlement and paying our 20% atty. fee on top of that for appr. 3 years for a total of $23,000.00+ and they want to begin deducting money from your checks in an effort to recoup". Same day I received the letter from my Atty --- I also; received my comp check with my Atty's 20% taken out. WHICH I have no problem at all with his payment being taken out. I went to court once in '05.
I haven't contacted my atty yet; I was hoping someone would give me some advice. Old saying "When it rains it pours" I got aletter from the Ins. co too saying They will be sending me to another one of their Dr's for another "Impairment rating"; this will be my 2nd & I know they have the right to send me anywhere at anytime. But it's just bad timeing with everything. (We just had to junk our pick-up & now gotta find new wheels with limited income --- which just got even more limited).
When I received the impairment evaluation letter --- I called my Atty & told him I will need a ride to wherever they send me. He said OK -- just let him know when & where.
Well -- thanks for any help I can get.
i'm not sure that this board can offer you anything more then what your atty can.
Jayco PM ..still in limbo ..I believe he is haveing the reverse problem you are but he may be able to help you
Well; I'll be calling my atty tomorrow & I'll see what is gonna be done. Ty.
i still don't know what the question was?
you got extra money and if the comp law allows credit for overpayments (which I assume your attys knows ) what would be your argument?
As soon as Your Attorney appeared for You in '05, even if it was just for a Superceadeus Hearing, (That's where they try and Stop Your TTD Payments while they Fight You for it) they should have been Immediately told in the Hearing Room from the Judge, to Start Deducting 20% Attorney's Fees, and Your Attorney needs to File Paperwork for that also. It should also have been Written in Your Judges Decision. Now, if You Attorney did not Win anything for You at that Hearing, depending on the Contingency Agreement You Signed when You Retained this Attorney, You may not Owe them. You are going to have to go Over Your Paperwork and Find that Contingency Agreement, and go from there. I know in My First Decision when the Superceadeus was Denied the Judge Ordered the 20% be Deducted from My TTD Check Bi-Weekly. If the Judge didn't Order it, and they haven't Won Anything for You, Again You may not Owe!!
1171:
My argument is: If it's their own fault they screwed up & paid my atty & paid me; my full comp check --- I don't believe I should have to pay them back--- It's their own fault; not mine. When I wrote this post; I was hopeing maybe someone might of went thur this & had some info for me ( -- sorry).
I talked to my atty today & he said he called WC atty back & told them that if they want; then file a petition & we'll go to court & let the judge decide. He also told me to call SS & let them know that I'm getting less in my checks. I'm on SSD.
We also talked about the amount they came up with & after we did some calulations they are way off-- closier to $11,000. not $23,000. So he said he'll be calling them back again. He thinks they calulated back when I first got on comp; but it should only be from '05; after he went to court for me; when they were trying to shut off my benefits. (like Still in Limbo was saying) Thanks. Take care.
Jay, after the Hearing in "05, are You saying that they didn't Deduct from Your TTD the Attorney's Fees from You, and Paid the Attorney also? And when did You Receive SSDI? Those 2 Questions are Important, I just Spent over a Year Fighting SSA Because they said they Overpaid Me Over $10,000.00 when I won Back Pay Monies because the Employer Calculated My Weekly Wage wrong, and it took 2 1/2 Years, and 12 Hearings to Win at least a Portion Back, I still have to Fight for the Remainder as soon as I get the Judges Final Ruling on an Appeal Issue I Won! If You could Please Answer those couple Questions, I may be able to Help a bit More!! (By the Way, I Won, and did not have to Pay Back the SSA the Money they said I Owed!!)
My husband had the same problem with SS andhe also won and didn't have to pay anything back. I understand this is the IC 's mistake BUT i still think they'll want the overpayment back. I am understanding that they paid you the full amount and in addition paid your attorney which means each week 20% more monies were paid in your behalf. I don't know how this will play out but I don't feel it would be a win on your part because the IC made a mistake. If there's something else there that's different. JMO.