State Emloyees Lien Statute REVISED!!!(ALMOST)
July 21, 2006
Hurray!!! The NC Teachers & State Employees Lien has moved one step closer to being revised to allow for attorney fees and to limit the scope of the lien. There bill came out of the Senate technical corrections committee yesterday and can be found here. Now we have to wait for the house to either give it a thumbs up, or a thumbs down. That might happen on Monday.
In the mean time, what will the new bill mean? 1) The SEHP can never take more than 50% of the GROSS settlement. 2) The SEHP must then reduce their recovery for "reasonable" attorney fees. 3) SEHP must also pro-rate with unpaid medical providers and other lien holders.
Why is this better? Well before, the SEHP could have taken 100% of any settlement, but they were administratively limiting themselves to 50% of gross, but not reducing for attorney fees. This mean that in a typical personal injury case, the client only received 15% of the settlement. NOT FAIR.
We've been waiting for this bill to pass for a very long time. I'VE been working to get this bill passed since 2004 when it was enacted. After a lot of work with NCATL we drafted, redrafted, negotiated, and redrafted, we finally got something passed. Hurray!
Now I can finally send them all the money I've been holding in trust. How should I approach them with the reduction for attorney fees?
Posted by: robert | July 21, 2006 at 09:05 AM
That's a good question. The SEHP knew this was coming so we would hope that they told their collections staff to expect this.
I'd recommend that you do the normal lien requests, then when you get their letter and the "final pay" amount, you simply write them a letter, show them your "math" and ask then to confirm, in writing, that your attorney fee reduction is "reasonable".
The statute gives them final say on what is reasonable, but we've been told that 1/3 will be considered reasonable. Now we have to wait and see if that turns out true in the actual application.
Chris Nichols
Posted by: Chris Nichols | July 21, 2006 at 09:10 AM
Walmart: Long Island locations or use the store locator for other areas. Primarily known in metal circles for his work with Firewind, Dream Evil, Nightrage, and Mystic Prophecy, Gus has now been immortalized in ink by IDW and comic writer Llexi Leon to battle the forces of darkness. Share the cost of living, do not expect to be catered to, waited on or held in higher regard then your partner.
Posted by: Baca selengkapnya | November 05, 2013 at 12:58 AM
Hot rolling and cold rolling are the two types of rolling according to the temperature of the metal rod. The video of Launch: Silicon Valley 2013 finalists and awards is here: . There is a natural body, and there is a spiritual body.
Posted by: Root Criteria In roll forming machine - The Inside Track | November 18, 2013 at 05:35 AM
We are instrumеntal in offеring a wide range of Hydrauliс Bale Presses, which is specіfically designed for procesѕing paper, aluminum, cotton аnd steel scrap. It wass also that sazme year that thе Florida nagive enterеd his fiеst of four NAЅCAR Busch Series races. Their family name iѕ notorious on thе race traсks of Orlando, Florida.
Posted by: http://www.hannov.com/category/ntn-bearings.html | December 13, 2013 at 09:25 PM