Beyond McCutchen: Practical Strategies for Reducing ERISA Liens
When the Supreme Court decided US Airways v. McCutchen in 2013, recovery vendors declared victory. The Court held that ERISA plan language governs reimbursement rights, and equitable defenses cannot override clear contractual terms.
Many attorneys took this to mean ERISA
How 1024(b)(4) Requests Can Transform Your ERISA Lien Negotiations
If you’re negotiating ERISA liens without leveraging 1024(b)(4) requests, you’re leaving one of your most powerful tools on the table.
This federal statute creates a direct obligation for plan administrators to provide documents, and it comes with real penalties when
Self-Funded vs. Fully Insured: Why This Distinction Can Save Your Client Thousands
Every ERISA lien negotiation begins with the same critical question: Is this plan self-funded or fully insured?
Get this right, and you know exactly what legal framework applies. Get it wrong, and you could be leaving tens of thousands of
What Every Trial Lawyer Needs to Know About ERISA Liens
If your personal injury client has employer-sponsored health insurance, you’re almost certainly dealing with ERISA. And if you’re not prepared for what that means, you could be leaving significant money on the table or, worse, exposing your firm to liability.
Why Reimbursement Agreements in ERISA Plans Matter for Trial Lawyers
When representing injury victims, trial lawyers often find themselves navigating the murky waters of ERISA self-funded plans. A recurring and increasingly problematic issue is the use of reimbursement agreements. Some ERISA plans will refuse to pay claims until the
Effective ERISA Lien Reduction Strategies
Navigating ERISA liens can be a daunting task, given the complexity of the Employee Retirement Income Security Act (ERISA) and its impact on self-insured health plan reimbursement. Although a comprehensive exploration of ERISA is beyond this blog, understanding some key
Why Lien Resolution Isn’t Your Firm’s Core Competency—and Why Outsourcing Matters
Personal injury firms excel at what they were built to do: securing justice by proving liability, telling their client’s story, and getting the best possible settlement or verdict. Yet once the dust settles, another challenge arises, resolving liens.
Here’s the
The Hidden Cost of Post-Resolution Lien Chaos—and Why Trial Lawyers Can’t Afford to Ignore It
When a hard-fought personal injury case is resolved, trial lawyers and their clients often breathe a sigh of relief. The hard work is over or so it seems. But lurking beneath the surface of every settlement is a potential minefield:
Why ERISA Plan Language Is the Hidden Battlefield in Lien Resolution
When personal injury lawyers hear ERISA, they may think of “troubling” case law like McCutchen. But what is most important when it comes to resolution of an ERISA lien? ERISA plan language! And depending on the plan language,
Navigating ERISA Plan Subrogation and Reimbursement: Strategies for Reductions
Navigating the intricacies of subrogation and reimbursement for ERISA-governed health plans demands a comprehensive understanding of statutory frameworks, plan documentation, and pertinent case law. Attorneys representing clients facing such liens must employ meticulous strategies to effectively negotiate reductions. Reducing these …
