GQ Corner

Q. We have approved attorney fees but the attorney has withdrawn from the claim? Are we obligated to pay out the approved attorney fees after the withdrawal date?

A. Yes. The order from the DWC must be followed, even if the attorney has withdrawn. If the claimant does not like this, then the claimant can talk to the attorney about agreeing the fees can be stopped, but the claimant and the attorney would have to sign a DWC-24 to that effect.

Q. I have a beneficiary who did not turn in her student verification for the Spring 2019 semester. She was sent a letter on 5/15/2019 by certified mail. I gave 20 days for a response with a due date of 6/3/2019. I have not received a response at this time. Should I stop her benefits and, if so, are there any additional steps before I do?

A. Rule 132.8 indicates the child is eligible until the child has not been enrolled for two consecutive semesters, not including the summers. Just based upon this semester, I would say no you cannot stop paying the death benefits. However, if this was the 2^nd semester she was not enrolled, I think you have a few options, depending on the level of communication you have had with the child about whether she was enrolled in this semester.  If this is the 2^nd semester of non-enrollment, I think you should file a dispute, and request a BRC. Are there other beneficiaries? If so, you can stop issuing the checks to the student, but hold them for proper distribution until you can confirm it is not just a failure to turn in the paperwork issue. Also, do you have any idea whether it is just a paperwork issue or whether she actually was not enrolled in this semester? Unless you can confirm she has definitely not been enrolled, I recommend a BRC after filing a dispute of ongoing entitlement to DBs.