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  1. #1
    Join Date
    Jun 2020
    Posts
    3

    Default Who Took Your Settlement

    Ok so I believe I have a settlement in sight. I was hurt on 17 Jan 2017 and MMI on January of 2018. I applied for long term disability through a policy a had with my job and got approved. That was a saving grace as my W/C benifits shut off. Well today I was talking to AETNA and I asked them if I got a settlement if they were going after it. They said yes. I asked how much. I got the blah blah about the finance department and ratings and blah blah. I asked flat out: look, if I get a $16000 settlement, is it feasible you will take it all. She said yes. My question is to those that got settlements, how much did you end up losing?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,158

    Default Re: Who Took Your Settlement

    Who Took Your Settlement
    Anyone you owe money to - it could be child support, back taxes, a student loan or a carrier that already paid wage loss benefits for the period involved in the settlement.
    The bottom line is, you can't collect wage loss payments twice for the same period from different entities.
    If you've already collected wage loss benefits for the period involved in the settlement you can expect that carrier to seek reimbursement, they can take it all if that's what it takes to be reimbursed.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    May 2010
    Posts
    606

    Default Re: Who Took Your Settlement

    The last I paid $76k back to insurance company, and my bills were well over one million...And my attorneys on my 3rd party did well, and without them Id be broke and unhappy....every dollar spent was well worth it.

  4. #4
    Join Date
    Jun 2020
    Posts
    3

    Default Re: Who Took Your Settlement

    Quote Quoting tony View Post
    Anyone you owe money to - it could be child support, back taxes, a student loan or a carrier that already paid wage loss benefits for the period involved in the settlement.
    The bottom line is, you can't collect wage loss payments twice for the same period from different entities.
    If you've already collected wage loss benefits for the period involved in the settlement you can expect that carrier to seek reimbursement, they can take it all if that's what it takes to be reimbursed.

    Tony
    All I have is the long term disability Iíve been living on since April 2018. I guess Iím going to owe them a lot of money. Guess I need to get my lawyer involved with this. Iím not being told much at this point. There is a $16k Medicare set aside and a $100k settlement. So far thatís all I know. Now I gotta ask who I gotta pay back. The way itís looking there may not be much left for other bills I owe. But we shall see. I guess if I walk away broke but not owing anything I should consider myself lucky.

  5. #5
    Join Date
    Oct 1971
    Posts
    5,158

    Default Re: Who Took Your Settlement

    Again, it all depends on what the settlement is for and if it includes back pay.
    They're only entitled to back pay for the period they've paid, nothing more.
    If this settlement is for future loss of earning capacity you may be in the clear, check with your lawyer.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  6. #6
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,790

    Default Re: Who Took Your Settlement

    Make sure your lawyer knows about the LTD claim of lien on the settlement, before you sign anything!
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  7. #7
    Join Date
    Jun 2020
    Posts
    3

    Default Re: Who Took Your Settlement

    I gave a copy of my long term disability contract to my lawyer. He said they donít have a claim as my settlement is for future earnings. However, the Hartford has told me they will file subrogation against me. Without seeing the the settlement paperwork at all. So we will see what happens. Iím still waiting on them to determine how much I owe them from the two months of dependent social security benefits my son received. SS paid him (heís 19) $4000 for two months back pay from 2019 and I owe the Hartford for that. Even tho they sent him the check, I got dinged for it as income.

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