Complicated ERISA Liens

How to Stay Compliant When Resolving Complicated ERISA Liens

ERISA lien resolutions can be extremely complicated as not every private employee health plan is built the same. As a practice that focuses on providing the very best in personal injury law, sometimes ERISA liens surface that must be managed with utmost care and speed—even if it’s not your core business function. When faced with a complex lien, keep these factors in mind to achieve optimal outcomes:

Understand Plan Language

Successful ERISA lien negotiation starts with a clear understanding of the plan language in question. Plan language will ultimately determine whether reimbursement is required for an ERISA plan and to what magnitude. Make sure to fully comprehend plan details, including right of reimbursement and whether equitable defenses are permissible or subject to rejection.

Determine Funding Arrangements

Self-funded or insured? Sometimes it is not easy to establish the funding arrangements for an ERISA plan, but it is an essential detail in the final determination of a lien. In a self-funded plan (also known as a fully-insured plan), the employer funds both the plan and any employee health care expense payments with its own money. Federal laws apply to self-funded plans and associated reimbursement provisions can be enforced. In the case of an insured plan, the insurance company pays the health care expense payments and applicable state mandates apply to employee benefit plans and ERISA liens.

Request Plan Documents

A plan administrator or sponsor has a statutory responsibility to provide detailed plan documents within 30 days of a request associated with a potential ERISA lien. Make sure to inquire about, or have your assigned counsel petition for, plan details as they are necessary when optimizing recovery opportunities for your clients.

For more information or to schedule a consultation, please submit our contact request form or call (877) 242-0022.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

TESTIMONIALS

"I have been very impressed by the results achieved by Synergy Lien Resolution Services. They saved my client over $108,000 in reducing a difficult ERISA lien. Their expertise was invaluable and resulted in a very happy client. Best money I ever spent. I wholeheartedly recommend them. You are doing your client a disservice if you don’t hire them to help you with your liens."

Armando Payas, Esq.
Payas Law

"Synergy Lien Resolution Services was extremely knowledgeable and effective in assisting to reduce our client's insurance lien. They were a pleasure to work with, extremely professional, and went above and beyond the scope of our expectations. Many times, throughout our case, they worked after business hours to accommodate our needs. The end result was a huge savings for our client and we hope to utilize the Synergy again in the near future."

Joni Hautamaki
Didier Law Firm

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