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Need quick info plz - jamief - 12-09-2014

My husband has an atty and he had basically agreed to a settlement (not signed yet). Concern now is...he had just completed all of the necessary paperwork to try and get short term disability. The ins comp now says that if he gets any ex benefit that he is not entitled to his short term disability back payments (est 8,000$). They atty has said it is not his expertise to advise if he can still fight for the std payment or not. He has instructed my husband to talk to another attorney about that. The contract my husband is expected to sign does not state that he cant go after the std company and he has doctor evidence backing his claim for std. His work denies that it is wc and the settlement contract states that, but it is still considered a wc settlement. So couple questions...would his settlement documents override the policy to not pay if there is a wc benefit even with his work denying there was an injury? It is degenerative disk disorder that was aggravated. Should he be having to pay another atty to answer that for him? Should his atty have that info? We are located in GA. Thank you for any info. It is greatly appreciated.

RE: Need quick info plz - 1171 - 12-09-2014

your husband is arguing that he has a work injury and the employer is arguing he does not and the settlement is to resolve that dispute. it would be difficult for your husband to then pursue the sdt carrier and argue the opposite and that it is not a work injury; hard to have it both ways.......
it's very difficult to argue both sides of the issue and collect from both the comp carrier and the sdt carrier for the same injury.
there may be a way to litigate the sdt claim but i agree with your atty you should contact a civil lawyer about possibility of suing the sdt carrier or getting court determination on whether the injury is a work injury or not.
there are many specialties within the realm of law; no one atty can be expert in all. your atty is being honest. you wouldn't want him to give you wrong advice

RE: Need quick info plz - jamief - 12-09-2014

Thank you so much. Smile

RE: Need quick info plz - 1171 - 12-09-2014

To get complete benefits from either one you would need a court determination rather then a settlement.

RE: Need quick info plz - California_Help - 12-09-2014

You need to contact an attorney who deals with STD/LTD. This is an Erisa attorney.

You should request a copy of the STD policy. Some policies state any income from any source is subject to an offset. This means you cannot double dip. If this is his policy the STD carrier can take a credit. It would be impossible for anyone to know what your husbands policy covers, so I suggest getting a copy of it and also the LTD policy if he has one, and contact an Erisa attorney. Sometimes there are ways to structure a settlement so STD/LTD does not consider it as income.

Some STD policies cover work related injuries while others do not.

Your work comp attorney would not know about this type of law as it is specialized and I have not met one who does both.

I know that your husband applied for the STD...but they are no walk in the park to deal with either. It is important to get a copy of the policy and find out if it states "any occupation" or "own occupation". They can be PITA (pain in the ass) and (bitch) to deal with.

Good luck.