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LTD Overpayment

Discussion in 'Medical Leave & Disability' started by Hv19, May 23, 2019.

  1. Hv19

    Hv19 Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    Is an attorney responsible for reviewing payments that are received through the office for disability? I received an overpayment for LTD and the attorney did not notice and took the fees out of the overpayment as well. It is almost $13k. They were aware that I had returned to work and was only eligible for a portion of overpayment however, they supposedly reviewed and sent through my payment and gave me the go ahead to use the money.
     
  2. Zigner

    Zigner Well-Known Member

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    Are you being asked to repay the overpayment? If yes, then it would be reasonable to expect the attorney to return his portion of the fee that he charged based on the overpayment.
     
  3. Hv19

    Hv19 Law Topic Starter New Member

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    Yes, I am being asked to repay the $13,000. The total was just over $15,000 so the fee would have been much less on just the $2,000 that was supposed to be paid.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Ask the attorney for a refund. If he says no, file a fee dispute with the lawyer regulatory agency of your state.
     
  5. zddoodah

    zddoodah Well-Known Member

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    What office? What disability? Received by or on behalf of whom? Whom does the attorney represent, and what is the scope of the attorney's representation?

    Concur.

    Did you speak with your attorney about this? If not, why not?
     
    hrforme likes this.

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