ERISA Lien

You have successfully won a good settlement for your client, but now your client’s health plan is knocking at your door expecting reimbursement. What’s your next course of action? Although ERISA liens have become a source of frustration for both personal injury attorneys and their clients, you can’t afford to overlook them.

What is the ERISA?

The Employee Retirement Income Security Act of 1974 (ERISA) governs and protects voluntary private employee health plans and pensions. The Act also defines plan participants’ right to recover in third party situations. An ERISA lien can be difficult to resolve due to constantly evolving laws governing ERISA, but failing to address a health care lien can affect the proceeds of your client’s settlement.

The Importance of Resolving a Lien

Attorneys must make every effort to inform your client of the possibility of a lien and associated repercussions if they fail to resolve the outstanding lien. Furthermore, attorneys have a duty to hold funds and notify the ERISA lien holder of a client’s settlement. The mishandling of an ERISA lien could result in a lawsuit against you and your client.

The Benefits of Outsourcing an ERISA Lien

Managing an ERISA lien inhouse can be costly and time-consuming. You will find that outsourcing the lien is beneficial for the following reasons:

  1. When you outsource, you’ll reduce your firm’s operation costs because legally, the cost can be passed on to the client. You will also free up your staff to focus on things that matter most.
  2. You’ll have access to lien experts who are intimately familiar with the rules and procedures that govern health plan liens.
  3. Your clients will experience greater satisfaction with the process because their lien issues will be solved quickly and efficiently which reflects positively on your firm.

What Does Our Lien Resolution Process Look Like?

Taking into account Medicare’s guidelines and response times, the process will take between one to five months. The first step will consist of an initial intake consultation where we will analyze the unique issues of the case. From there we will create a strategy. Next, our analysts will start the negotiation process to achieve a final resolution. We always strive for the best resolution and quickest turnaround time.

Professional Lien Resolution Experts

At Synergy Settlement Solutions, we have a team of attorneys and subrogation professionals who are experienced with health insurance and lien resolution. Our experiences include CMS/Medicare, TRICARE, and large private health insurers. We are confident that we can resolve and reduce the most difficult ERISA liens and consistently deliver satisfactory results.

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

“Synergy is our guiding light for deferring our contingent legal fees and planning for retirement. The lawyers at Panter Panter & Sampedro, myself included, have been working with them for over ten years using different methods to defer comp and plan for retirement.”

Brett Panter
Panter, Panter & Sampedro

"In my twenty-two year career as a trial lawyer I've handled my share of catastrophic cases and structures, but imagine the complexity of an engaged, unwed mother catastrophically injured during delivery, giving birth to a healthy child, but left in a vegetative state? The issues of guardianship and entitlements of the newborn, the rights of the biological father-fiancé, an out-of-state teenage child of the mother, lifetime maintenance of the mother, as well as the rights of family of the mother, who became her primary care-takers? Synergy systematically managed the seven figure tender of one defendant, the establishment of a Qualified Settlement Fund, a Special Needs Trust, and multiple structures, all the while concurrently maintaining the various entitlements to ancillary services, as well as the remaining litigation. Everything was handled professionally, timely and literally without a hitch. Truly an amazing feat."

Marcus J. Michles II
Michles & Booth

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