Medicare Gives Refunds? How Can My Client Get One?
Repaying Medicare for conditional payments is a necessary but unpleasant process which can result in a greatly reduced net recovery or no recovery at all for an injured Medicare beneficiary. The Medicare Secondary Payer Statute has a repayment formula that
Applying Collateral Source Statutes to ERISA after Wurtz
Applying Collateral Source Statutes to ERISA after Wurtz
The U.S. Court of Appeals for the 2nd Circuit rendered a major decision on July 31, 2014 holding that New York’s anti-subrogation statute is “saved” from ERISA preemption. (Wurtz v. The …
Can a Third Party Hold Settlement Funds Until Medicare Issues a Final Demand?
Can a Third Party Hold Settlement Funds Until Medicare Issues a Final Demand?
The Northern District of Indiana thinks it is a jury question as to whether or not the third party carrier acted reasonably in holding settlement funds until …
Lien resolution Success Story – Synergy’s reduces Medicare Final Demand by 47%, obtaining a refund of over $43,000 for the injured plaintiff
This case involved a Medicare beneficiary who was injured as a result of medical malpractice. When the plaintiff’s attorney settled the personal injury action, Medicare presented a Final Demand of approximately $91,000. The plaintiff’s attorney paid the Final Demand to …
Lien Resolution Success Story – Synergy’s aggressive lien resolution tactics result in an Air Ambulance lien waived and self-funded ERISA lien reduced by 86%
This case involved a serious slip and fall accident that happened on a cruise ship while it was at sea. The plaintiff suffered significant injures, incurring medical damages in excess of $540,000. The injured plaintiff engaged a seasoned trial attorney, …
Maryland Suspends Attorney for Failure to Repay Healthcare Reimbursement Claim
Maryland Suspends Attorney for Failure to Repay Healthcare Reimbursement Claim
Failing to deal with the subrogation/reimbursement claims of health insurance carriers has proven to be a possible career ending mistake for one Maryland personal injury attorney. In the September 2013 …
ERISA Subrogation Claim Barred by One Year Statute of Limitations
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans. The United States District …
Court’s Authority Over a Minor’s Settlement is Not Preempted by ERISA
By: Synergy’s Director of Lien Resolution
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in …
McCutchen Round 2 – Why 29 U.S.C. 1024(b)(4) Matters
On March 17, 2014 the trial court in the infamous U.S. Airways v McCutchen entered an order allowing Mr. McCutchen to amend his answer to include affirmative defenses and a counter-claim. The court allowed this unusually late amendment to pleadings …
Medicaid Liens – Congressional Reversal of Ahlborn & Wos
Unfortunately, as part of the budget signed by President Obama on the 26th of December (Merry Xmas), a legislative fix for Ahlborn was made law. Now, Medicaid liens are like Medicare liens in the sense that they are super …
