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perm total disability awarded/atty fees
#1
I was awarded ptd over a year ago, In OKlahoma. My attorney was given 20% of my $$$$ per the judge. She received 20% of the back pay and i get a weekly check. Last week she calls and tells me she should have been getting every 5Th check her 20%(Her office forwards my check from the insurance carrier ) I thought this was how it was suppose to be that is why I called her office over a year ago when i received that 5th check. They told me oh no we only get 20% of your settlement not weekly checks(They never got any of my weekly checks prior to the judgement since I already received them before I hired her.) Now she wants me to reimburse her the checks she should have kept!!!!! what do I do??? I don't have that kind of money. Please help can she take my checks????? Sad
Thanks for any feedback.
 
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#2
I am not familiar with your states laws, but I recommend looking over your settlement to see that it states she is entitled to that. If you do not have a copy of your settlement, you should request it from your attorney. I say double check everything. I would question it since that is not what was told to you, but do not ever sign ANYTHING before reading it first, no matter what anyone says is in a contract/settlement. For example, before I signed my attorney's agreement, I went over EVERY paragraph with my attorney before I signed, then I paid ANOTHER attorney to review it too...yes I know paranoid, but I have yet to be screwed.

If you find that you do owe her that back pay, I would tell her your situation and if you can make payments. I would think most attorney's would accept payments, at least I would hope since you were not informed of this.

I recommend consulting with an attorney over this issue, if there is a confusion about your settlement that you do not understand.

If that is your real name as your username I recommend changing it to protect your identity.

Good luck to you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#3
Is the atty still getting and forwarding your checks?

How much is she claiming you owe?
Does that agree with your calculations?
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
Yes my Atty gets my checks and forwards it to me it's not like I kept his money he mailed the checks to me He said it was an accounting error. Prior to my ptd Order hearing my checks came directly to me he never got 20% of the ttd because he was hired later when i reached my mmi. He did get 20% of my backpay the time period between ttd ending and ptd starting. Appx 6 mo. Thx
 
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#5
the atty might have a legal problem trying to get any more of your PTD money for the fee error on your TTD.
since they requested all the outstanding $$ you can tell them you don't agree but will give them some of it to settle the issue.
negotiate a resolution.
you may have to go back to the judge to settle the issue.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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