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workers comp settlement
#11
(08-25-2011, 09:31 AM)LeglEgl Wrote: While I can certainly understand and empathize with your frustration, I think you're taking this entirely too personally. Nobody is holding onto your money for as long as they can just to piss you off.

Insurance Companies are a business and have procedures they have to follow internally within the law, and rules they have to follow set out by the State Workers Comp authority. They have no incentive to not process your disbursement as expediently as possible.

You also need to understand that the money will not be sent directly to you. It will be sent to your attorney (in full), who will then deposit it into his company's escrow or trust account (by law). Typically, the attorney cannot disburse your share of the funds to you until the draft clears. This usually is 10 business days (not calendar days).

So, the bottom line is that your wait for these funds is going to be a bit longer than you had anticipated. The money leaves the IC and goes to the attorney, who has to hold the draft for ten days, then disburse your share to you. Based on what you already said, I wouldn't be expecting to see any money in your hands until mid-September.

you couldn't be more wrong. the check comes directly from the insurance. you have no idea what you're talking about. my lawyer has nothing to do with me getting paid now, it's out his hands.... it's actually kinda funny what you wrote. lol
 
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#12
(08-25-2011, 11:00 AM)itzadrianyo Wrote:
(08-25-2011, 09:31 AM)LeglEgl Wrote: While I can certainly understand and empathize with your frustration, I think you're taking this entirely too personally. Nobody is holding onto your money for as long as they can just to piss you off.

Insurance Companies are a business and have procedures they have to follow internally within the law, and rules they have to follow set out by the State Workers Comp authority. They have no incentive to not process your disbursement as expediently as possible.

You also need to understand that the money will not be sent directly to you. It will be sent to your attorney (in full), who will then deposit it into his company's escrow or trust account (by law). Typically, the attorney cannot disburse your share of the funds to you until the draft clears. This usually is 10 business days (not calendar days).

So, the bottom line is that your wait for these funds is going to be a bit longer than you had anticipated. The money leaves the IC and goes to the attorney, who has to hold the draft for ten days, then disburse your share to you. Based on what you already said, I wouldn't be expecting to see any money in your hands until mid-September.

you couldn't be more wrong. the check comes directly from the insurance. you have no idea what you're talking about. my lawyer has nothing to do with me getting paid now, it's out his hands.... it's actually kinda funny what you wrote. lol

If what you say above is true, you have a one of a kind case. Legal Eagle knows. How will your Attorney get paid? Just wondering

 
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#13
lawyer said if they don't pay it 30 days its around 3 thousand dollars interest every day they're late.

Do you guys think it's a good idea if i call my claims adjuster? well anyways i'm going to call her tomorrow morning.


more than anything i just need this money for school or else i wouldn't be in such a hurry to get it! i'm going to tell the claims adjuster that tomorrow morning. i hope she doesn't said it even more late just to spite me because i called her. i'm going to beg! Sad


school starts in exactly 1 week :\ ... why doesn't this lady just send the check already. they want to hold on to my money for as much as they can just to piss me off!


you are referring to interest and not penalties,
interest starts from day one unless there are provisions within the agreement for it to be later.
sounds like your atty and the carrier agreed to waive interest for 30 days.
why did you do that if you wanted the money sooner?
you took away any incentive they had to pay before 30 days.
sounds like you helped create this situation.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#14
i didn't do nothing. i had no option my lawyer said they have 30 days to pay you or else i get interest.

If i had any options to take it sooner i would of obviously took it.


(08-25-2011, 11:14 AM)smackman Wrote:
(08-25-2011, 11:00 AM)itzadrianyo Wrote:
(08-25-2011, 09:31 AM)LeglEgl Wrote: While I can certainly understand and empathize with your frustration, I think you're taking this entirely too personally. Nobody is holding onto your money for as long as they can just to piss you off.

Insurance Companies are a business and have procedures they have to follow internally within the law, and rules they have to follow set out by the State Workers Comp authority. They have no incentive to not process your disbursement as expediently as possible.

You also need to understand that the money will not be sent directly to you. It will be sent to your attorney (in full), who will then deposit it into his company's escrow or trust account (by law). Typically, the attorney cannot disburse your share of the funds to you until the draft clears. This usually is 10 business days (not calendar days).

So, the bottom line is that your wait for these funds is going to be a bit longer than you had anticipated. The money leaves the IC and goes to the attorney, who has to hold the draft for ten days, then disburse your share to you. Based on what you already said, I wouldn't be expecting to see any money in your hands until mid-September.

you couldn't be more wrong. the check comes directly from the insurance. you have no idea what you're talking about. my lawyer has nothing to do with me getting paid now, it's out his hands.... it's actually kinda funny what you wrote. lol

If what you say above is true, you have a one of a kind case. Legal Eagle knows. How will your Attorney get paid? Just wondering
the insurance sends a separate check to my lawyer and i get the rest. I'm 100 percent sure he's incorrect. well at least here in California he is


(08-25-2011, 11:26 AM)1171 Wrote:
(08-24-2011, 10:37 PM)itzadrianyo Wrote:
lawyer said if they don't pay it 30 days its around 3 thousand dollars interest every day they're late.

Do you guys think it's a good idea if i call my claims adjuster? well anyways i'm going to call her tomorrow morning.


more than anything i just need this money for school or else i wouldn't be in such a hurry to get it! i'm going to tell the claims adjuster that tomorrow morning. i hope she doesn't said it even more late just to spite me because i called her. i'm going to beg! Sad


school starts in exactly 1 week :\ ... why doesn't this lady just send the check already. they want to hold on to my money for as much as they can just to piss me off!


you are referring to interest and not penalties,
interest starts from day one unless there are provisions within the agreement for it to be later.
sounds like your atty and the carrier agreed to waive interest for 30 days.
why did you do that if you wanted the money sooner?
you took away any incentive they had to pay before 30 days.
sounds like you helped create this situation.
If they don't pay in 30 days or less each day late is more money they have to pay. How did i take away any incentive for them not to pay me in 30 days or less?



"If what you say above is true, you have a one of a kind case. Legal Eagle knows. How will your Attorney get paid? Just wondering"

I called my lawyers office the other week and they told me if i got my check yet. why would they ask me that? since you're saying it has to go to them first wouldn't they know if i got my check?

so you're basically saying they send the check to my lawyers office then my lawyer has to take his part then give me his part? lol

 
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#15
No. What I said was the funds will go to the attorney, he will deduct HIS fees (and any subrogation costs, if any) and then disburse YOUR funds to you.

I guess the proof will be in the pudding, as they say. All State Bar Associations model their Canons of Ethics on the American Bar Association. One of those Canons is the "control and distribution" of client funds from third party sources. The ABA and all the collective State Bars require attorneys to steer client funds into an escrow or trust account for auditing purposes.

Obviously, you can say whatever you want to say on this forum, but saying it doesn't make it so.

The purpose of having the third-party payor send the funds to the attorney is to ensure that any subrogation rights, if any, are preserved, and to provide a paper trail to verify that the correct amount of funds were disbursed to the IW. This is also Insurance Law 101.

You didn't win today, but thanks for playing.
Yo, Adrian .......

Furthermore, what astounds me is that I attempted to explain how things will likely work out and you choose to respond by insulting my intelligence in an immature manner. It's clear from your post(s) that you're a bit clueless about how this works.

I certainly can't dispute your claim about the "interest" or "penalty", but I would salute you if you actually were to get $3,000 a day for a late payment.
DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#16
this guy hasn't even read his own paperwork.
he has a mish mash of what is and what isn't and really doesn't care to find out.
you can't help someone who won't help themselves.


P.S. in california work comp funds are distributed by the carrier directly to the recipients.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
Reply
#17
(08-25-2011, 12:49 PM)LeglEgl Wrote: No. What I said was the funds will go to the attorney, he will deduct HIS fees (and any subrogation costs, if any) and then disburse YOUR funds to you.

I guess the proof will be in the pudding, as they say. All State Bar Associations model their Canons of Ethics on the American Bar Association. One of those Canons is the "control and distribution" of client funds from third party sources. The ABA and all the collective State Bars require attorneys to steer client funds into an escrow or trust account for auditing purposes.

Obviously, you can say whatever you want to say on this forum, but saying it doesn't make it so.

The purpose of having the third-party payor send the funds to the attorney is to ensure that any subrogation rights, if any, are preserved, and to provide a paper trail to verify that the correct amount of funds were disbursed to the IW. This is also Insurance Law 101.

You didn't win today, but thanks for playing.
Yo, Adrian .......

Furthermore, what astounds me is that I attempted to explain how things will likely work out and you choose to respond by insulting my intelligence in an immature manner. It's clear from your post(s) that you're a bit clueless about how this works.

I certainly can't dispute your claim about the "interest" or "penalty", but I would salute you if you actually were to get $3,000 a day for a late payment.

Like you say you're NOT an attorney and you're not correct. My attorney does NOT get my money first. I just called him. You have no idea what you're talking about.

I just called my lawyers office they said. he told me that the insurance sends me a check and he gets a separate check. nothing about he has to distribute it lol
(08-25-2011, 01:42 PM)1171 Wrote: this guy hasn't even read his own paperwork.
he has a mish mash of what is and what isn't and really doesn't care to find out.
you can't help someone who won't help themselves.


P.S. in california work comp funds are distributed by the carrier directly to the recipients.

Of course they are legleagle is saying it goes to my attorney first.
How do i have a "mish mash" of what's going on?
are you saying that I had a choice to get this sooner and my attorney didn't tell me?
I keep calling my claims adjuster but it goes straight to voice mail after 3 f-ing weeks they still don't want to pay me!
How can I find out what's really going on then?
idc what any of you guys have to say... this lady just wants to make me suffer. this person has put me thru so much stress that i get physically sick! i would let them deduct 4thousand dollars off just to punch this lady once in the face! What could seriously be taking them so long to send me the check it's been 25 days!

This lady is EVIL she likes to make me suffer. I never hated a person so much as I do her! She could easily send me the checks weeks ago but they just want to hold on to it and make me wait and wait till the last possible second.

I'm going to miss this semester of school and wait till next year to start my life just because of this devil.

My friend who recently went thru this bs got his check in 4 days.
 
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#18
Okay lets all take a deep breath.....some states Oklahoma being one of them the check goes to the lawyer it goes into his account he takes his share once the check clears he wrote me a check and I got my share......I have heard of some states where 2 checks are written one to the lawyer one to the cliant not sure of which states those are...in either case I am sure name calling wont help....
The lady you call puts the info into a computer and it goes to someone else to be printed out....I have no idea what your settlement is but I doubt it is coming out of her pocket so why would she care if you got it today or next week?unless of course you talk to her the way you talk to the ones trying to help you here....you do catch more flys with honey you know....trying to think how large your settlement must be to get a fine of 3000 a day must be in the millions since it is a % of your settlement.....wish you all the luck in the world
........I love cats, I just cant eat a whole one by myself......







 
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#19
(08-25-2011, 01:42 PM)itzadrianyo Wrote:
(08-25-2011, 12:49 PM)LeglEgl Wrote: No. What I said was the funds will go to the attorney, he will deduct HIS fees (and any subrogation costs, if any) and then disburse YOUR funds to you.

I guess the proof will be in the pudding, as they say. All State Bar Associations model their Canons of Ethics on the American Bar Association. One of those Canons is the "control and distribution" of client funds from third party sources. The ABA and all the collective State Bars require attorneys to steer client funds into an escrow or trust account for auditing purposes.

Obviously, you can say whatever you want to say on this forum, but saying it doesn't make it so.

The purpose of having the third-party payor send the funds to the attorney is to ensure that any subrogation rights, if any, are preserved, and to provide a paper trail to verify that the correct amount of funds were disbursed to the IW. This is also Insurance Law 101.

You didn't win today, but thanks for playing.
Yo, Adrian .......

Furthermore, what astounds me is that I attempted to explain how things will likely work out and you choose to respond by insulting my intelligence in an immature manner. It's clear from your post(s) that you're a bit clueless about how this works.

I certainly can't dispute your claim about the "interest" or "penalty", but I would salute you if you actually were to get $3,000 a day for a late payment.

Like you say you're NOT an attorney and you're not correct. My attorney does NOT get my money first. I just called him. You have no idea what you're talking about.

I just called my lawyers office they said. he told me that the insurance sends me a check and he gets a separate check. nothing about he has to distribute it lol
(08-25-2011, 01:42 PM)1171 Wrote: this guy hasn't even read his own paperwork.
he has a mish mash of what is and what isn't and really doesn't care to find out.
you can't help someone who won't help themselves.


P.S. in california work comp funds are distributed by the carrier directly to the recipients.

Of course they are legleagle is saying it goes to my attorney first.
How do i have a "mish mash" of what's going on?
are you saying that I had a choice to get this sooner and my attorney didn't tell me?
I keep calling my claims adjuster but it goes straight to voice mail after 3 f-ing weeks they still don't want to pay me!
How can I find out what's really going on then?
idc what any of you guys have to say... this lady just wants to make me suffer. this person has put me thru so much stress that i get physically sick! i would let them deduct 4thousand dollars off just to punch this lady once in the face! What could seriously be taking them so long to send me the check it's been 25 days!

This lady is EVIL she likes to make me suffer. I never hated a person so much as I do her! She could easily send me the checks weeks ago but they just want to hold on to it and make me wait and wait till the last possible second.

I'm going to miss this semester of school and wait till next year to start my life just because of this devil.

My friend who recently went thru this bs got his check in 4 days.

maybe you need to find out who his lawyer is!
 
Reply
#20
(08-25-2011, 05:52 PM)jayne Wrote: Okay lets all take a deep breath.....some states Oklahoma being one of them the check goes to the lawyer it goes into his account he takes his share once the check clears he wrote me a check and I got my share......I have heard of some states where 2 checks are written one to the lawyer one to the cliant not sure of which states those are...in either case I am sure name calling wont help....
The lady you call puts the info into a computer and it goes to someone else to be printed out....I have no idea what your settlement is but I doubt it is coming out of her pocket so why would she care if you got it today or next week?unless of course you talk to her the way you talk to the ones trying to help you here....you do catch more flys with honey you know....trying to think how large your settlement must be to get a fine of 3000 a day must be in the millions since it is a % of your settlement.....wish you all the luck in the world

that's what my lawyer told me. that's what i say to but this lady is just the devil. tried calling her since 7am till she was out the office it never rang once just voicemail. to top everything of my dog has an eye infection!!! need the money to take her to the vet. i HATE this lady with such a passion.
 
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