Synergy Blog

Rawlings, no Mother Theresa

ERISA Recovery Giant George Rawlings Chronicled in Article Entitled “Bounty hunter George Rawlings may be the richest Kentuckian you’ve never heard of”. Synergy’s Director of Lien Resolution, Dave Place is quoted in the article as saying that Rawlings is “no Mother Theresa”. To read the article, go to https://www.courier-journal.com/story/news/2018/04/05/insurance-bounty-hunter-george-rawlings/1035929001/ Another article about Rawlings “Way” was…

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Cutting Through the Alphabet Soup of Public Benefits

What happens when someone suffers a serious or catastrophic personal physical injury causing permanent disability? Do they get the proper counseling regarding the form of the settlement so as to protect their current assets, preserve public benefits and safeguard the physical injury recovery? Will the recovery be sufficient to pay for all of the victim’s…

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ERISA Liens – Back to the Basics

ERISA is a very complex federal statute that has been interpreted very negatively for personal injury victims by the United States Supreme Court. The goal of this blog post is to explain ERISA and its impact when settling case in a very simple way. Key takeaways: ERISA is a federal statute that protects self-funded employer-based…

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Defer Taxation of Your Legal Fees and Take Control of Timing of Income

Many attorneys have questions when it comes to how to avoid the spikes in income and the accompanying taxation common with contingent legal fees. There are custom tailored solutions for attorneys who work on a contingent fee basis to avoid these issues. Attorney fee structures and deferred compensation arrangements allow lawyers to avoid taking income…

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Ahlborn is Alive & Well

Since the landmark decision by the US Supreme Court in Arkansas Department of Health and Human Services v. Ahlborn in 2006, state Medicaid agencies have grappled with how to recover monies spent for injury related care through their third party liability statutes without violating the Ahlborn decision.  Many states continued to apply third party recover…

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Turn to Synergy in 2018

It is a New Year and time to experience the power of Synergy. Synergy allows trial lawyers to focus on what they do best by handling the difficult issues at settlement such as lien resolution, Medicare Secondary Payer Compliance, public benefit preservation, settlement planning (including tax-free structured settlements) and tax deferral of contingent legal fees….

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Limitations on Hospital/Provider Liens When the Plaintiff is on Medicare

By David L. Place, J.D. One of the most difficult issues trial counsel must resolve involves addressing hospitals/providers liens for Medicare clients.   Recently the Centers for Medicare and Medicaid Services (CMS), via the Medicare Learning Network (MLN), released policy memo SE17018 which provides excellent and concise answers to most of these issues. This memo addresses when…

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Liability Medicare Set Asides (LMSAs): October is Here! Now What?

By B. Josh Pettingill, MBA, MS, MSCC & Jason D. Lazarus, J.D., LL.M., MSCC The debate regarding addressing Medicare’s future interest in liability settlements is filled with nuance and subtleties. An essential step in understanding the big picture is starting with the genesis of set asides, the Medicare Secondary Payer (MSP) Statute. Although, the finer…

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Total “Medicare” Compliance in a New Age

By Jason D. Lazarus, J.D., LL.M., MSCC “Although the statute is structurally complex—a complexity that has produced considerable confusion among courts attempting to construe it—the MSP’s function is straightforward.” US v. Baxter Intern., Inc., 345 F. 3d 866 (11th Cir. 2003). Attorneys are consistently exposed to liability risks when handling cases for Medicare beneficiaries. This…

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CMS Gearing Up to Reject Medicare Claims Related to Liability Settlements: LMSAs on the Horizon

By B. Josh Pettingill Last week, the Centers for Medicare and Medicaid Services (CMS) released a “CMS Manual System” “One-Time Notification” regarding Liability Medicare Set Asides and enforcement of the Medicare Secondary Payer statute (MSP). Starting October 1, 2017, Medicare and their contractors will reject medical claims submitted post-resolution of a liability settlement on the…

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Supreme Court Rejects Change in Lien Res. Outsourcing

After nearly five years, on October 6, 2016, the Florida Supreme Court issued Opinion SC16-104 and declined to make any change to the existing Rules Regulating the Florida Bar in relation to lien resolution outsourcing. As Florida’s trial attorneys know, the issue of whether there was a need for a change in the existing rules…

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