Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Defense Base Act Settlement Annuity Your Choice

Posted by defensebaseactcomp on May 27, 2010

Christopher Atkin  Agent

By T Lee Marshall

-During a mediation meeting I agreed to a partial settlement in the form of an annuity.  I was given the choice to cash out or the annuity.  I chose the annuity to receive a dependable income month after month, i.e., x number of dollars every month that I could work with.
-My Attorney assured me Ringler Associates were a good company,  “They really know what the are doing,” said Nalick.   And if this was a way to finally get AIG out of my life I was all for it.
-It took three months of inquiry to get a copy of the contract.   Opening the letter was like the shock of being asleep and suddenly falling off a cliff.  I did not own the annuity, AIG did and did so for the rest of my life.
-AIG did not inform me, or my lawyer, they would hold the annuity.
Rather they allowed our misconception that “the good company who really knew what they were doing” held the annuity.  Ringler Associates  failed to “clear the air” as admitted later in an email.

AIG continues to make money off our blood.
-Upon returning home I started a search for a reputable company; a company that would not terminate my medical claim once my doctor ordered a spinal MRI.

A company who would not terminate me for missing appointments they canceled.

A company who would not terminate me for noncompliance of a doctor ordered therapy regime, that he canceled.

AIG sent my medical records to the DOL  District Director Karen Staats  who reviewed those records and concluded AIG had no basis for terminating my benefits.
Ms. Staats ordered a full retroactive reinstatement.  Both were refused by AIG.
-After five months of denied medical care, denied financial assistance and still on crutches, we were near bankruptcy.

Each of AIG’s acts, according to federal law, is a felony. Solis knows it and does nothing.
Judge Romero, for instance, signed off on my settlement agreement and thought no more of the felonies than he did of ordering his lunch.

I did not want AIG hanging around my neck like an Albatross.
-I sought out this Man from Prudential, Christopher Atkins, to give our war-injured a choice in mediation and relief from the AIG plague.

After all their mistreatment, would you want to give them a thirty year contract extension? If I would have known, I would have walked out and never looked back.


8 Responses to “Defense Base Act Settlement Annuity Your Choice”

  1. Marlo said

    My heart goes out to you. My husband took the pay out. After fighting for years. I can tell you the money goes so fast. After paying off all your back bills, getting kids new clothes, putting back together what fell apart over the past years. Them money is gone. Then there is nothing left. Yes we put our lives back together after years of it falling apart. You get your bills caught up and family taken care of and the money is gone within a year.
    They low ball you and beat you up so you don’t have a choice but to take what they offer. You get sick of games. The worst is the mental abuse they play with you and your family. They tear families apart.
    My husband hung on by a thread for years. I love him with all my heart and could not imagine not standing by him buy after 4 years of CNA, the Lawyers, doctors and DBA games it take it toll on everyone. The kids suffer from the lack of money. The look on my husbands face when he had to tell our kids that we were moving into a little home, they were losing their friends, then our cars and always wondering if we are going to have money to pay for food.
    My heart goes to those who are still fighting. I will let you know the fight is hard but remember many of us are standing by you. Many of us have been there. If you need a friend you can always find one in another family that knows what you are going threw. Lean on those around you. Don’t try and deal with it alone. Breath, Smile and remember to laugh don’t let them break you. Don’t let them beat your spirt.

  2. Brit guy said

    I am a bit confused here. I was told that the district director would not sign off on a settlement if it was inadequate? I do not want to know what people got but if those are the rules then why are people settling so low. I understand the problems that people face with bills unpaid medical expenses the daily cost of living. I am sick to death of telling my children maybe next year. If the settlements are not adequate why are they being signed off by the judges and the district directors?

    One last point from someone in the UK come of it President Obama you are going to make sure nobody is going to escape the full force of the law if any laws have been broken over the BP spill. What about the laws broken by your insurance industry and the lives and families they are destroying across the world. They have been at it far longer than BP you and the DOL have done nothing to stop or prevent it so stop looking for the sound bite and take action on this as well

    • Pam said

      I’m Going throw the same thing with the “inadequate” after the settlement was made,,,so know the oppensition is trying to make me find a job when i have Medical Limitations so how long is the wait,??? for them to come back with an offer that is Adequate…an they threating to cut your benefits if you dont find a job

      • Duke said

        Pam, If you are going it alone you are in trouble…you need a lawyer…and if you get one you can expect a wait of several years for them to drive it home….

        AIG are experts at crulity…and the feds are swamped with cases….

        And off the subject, we voted in Obamacare ……DBA claimants are living proof of what the nation is in store for with the feds “running” health care…

        • Pam said

          Thank You Duke I’m Glad To Know Somebody Feeling My Pain,,,,Do They Think You Going Throw Our Self Pain From Our Injurys And Then Have To Put Up With There BS…

  3. anonymous on purpose said

    Well Said Marlo…

    My heart and prayers go out to you and your family.

    God bless and good luck!

  4. Dave said

    I have had the same battle but with CNA like Marlo, savings gone,cars gone, 401 from past jobs gone, we have hit our point where we have no more and for am injury that will probably prevent me from ever working again the payout they want to give will maybe help us get by for 3 years after catching up on all thats late and passed due. When I was a cop I could never believe how jacked up our justice system is and now that I am having to deal with something legal for the first time in my life that I have 4 procedures to show for and 110% of everyone medically backing me and I still cant come out of this ok.

  5. Skip Kearnes said

    My name is Skip Kearnes and I am going thru something similar. I live in SW Florida and after 3.5 years in IRaq as a contract firefighter I hurt my shoulder really bad. After reaching MMI, I was told that I could no longer be a firefighter and at 41 i’m not sure what i’m going to do now. I am dealing with Chartis Insurance and all was fine until Sheryl Griffitts, the Complex Claims adjuster took over my file. She started things off by recalculating my AWW incorrectly and then reducing my benefits accordingly. I had to fight and provide proof all over again about how much I made and that I was entitled to the benefits I had been receiving. Later, I met with a woman assigned by Chartis who completed a Labor Market Survey (LMS). This report was amazing and not in a good way. The purpose of the LMS is NOT to help you find work and return to work but to identify jobs that you are capable of in your area, usually within a 50 mile radius of where you reside. Since I had also lived in the Washington DC area, the LMS included possible jobs in that area as well. SO, Chartis took the highest paying job up in the DC area, used the maximum posible salary and reduced my AWW by over $1500.00. The average maximum wage in MY area was only $450/week. This dramatic change caused my payments from Chartis to drop from $1256/week to $286 per week. I was then intructed by the claims manager to ask my attorney to try and settle the claim. Using the real numbers, my claim is worth @ $2 million and using these bogus numbers my claim has a max value of @ $500k. These are the tactics the insurance companies will employ to force claimants to accept whatever the insurance company throws at you. You will lose everything and they do not care. There needs to be legislation enacted to prevent these insurance companies from using these tactics and hurting people even further. I am very fortunate that I have amazing friends and family to assist me. I WILL out last these bastards and I WILL have my day in court. They have messed with the wrong mad. I pray all of you are able to use a similar support system and stand up to these people to receive the benefits you are also deserving of. This is a travesty and is unacceptable.

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