Question

Can Standard recollect the fee awarded to my attorney? Can they recover benefits paid during a time they were also paying the claim?

Asked on May 10th 2013 by Karen Riley
I am fighting Standard for my husband. He became unable to work at all in October of 2011 due to EXTREME pain from fibromyalgia, unexplained joint deterioration and severe back problems. The standard paid him for 2 years and then stopped payment stating that he should be able to work some type of job. The man can not sit up in a regular chair for more than 20 minutes, nor stand up for more than 30 minutes. He spends most of his day in a recliner or in bed due to pain. In addition, he is on 2 different types of controlled meds at very high doses. What employer wants someone who is still in pain but on narcotics? He finally was awarded social security (fully favorable) in which the judge flat out said after seeing him that there is no job period that he would be able to do as just performing everyday living skills is very hard for him. We have tried to get the Standard to go back on their claim but now they refuse to either answer our calls or respond to them. In addition, they have told us that we will have to give them all of the money that the Social Security back pays him. Well $6,000 plus goes directly to our lawyer we had to get to fight Social Security and we desperately need to use the remainder to buy a vehicle that he is able to get in and out of without causing him damage. Any comments would be appreciated.

Answer

Answered on May 11th 2013 by Attorney Stephen Jessup

Karen, Standard would not be able to recollect the fee ($6,000.00) awarded to the attorney that represented your husband during the SSDI process, but would have a right to recover and back benefits that were paid during a time that Standard was also paying the claim. Please feel free to contact us to discuss your husband’s claim to see what may be done to assist him.

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