Know Exactly What You’re Dealing with Before You Negotiate
Is the plan self-funded or fully insured? This single question determines your entire resolution strategy. Self-funded plans operate under ERISA preemption and the McCutchen holding. Fully insured plans may be subject to state subrogation laws that dramatically limit recovery. Recovery vendors don’t always distinguish between the two. When you accept their funding status without verification, you could be leaving significant money on the table.
Our plan analysis process ensures you know exactly what you’re working with:
Download our step-by-step checklist for determining ERISA plan funding status. Includes:
A law firm came to us with what appeared to be a straightforward $78,000 ERISA lien. They had already negotiated it to $62,000 and were ready to pay. We obtained the plan documents and discovered the plan was fully insured, not self-funded. Under applicable state law, the made-whole doctrine applied. Final resolution: $15,000. The client kept an additional $47,000.
Send us your ERISA lien, and we’ll verify funding status, review plan language, and provide a clear recommendation. If there’s an opportunity for better results, we’ll find it.
The Synergy team will work diligently to ensure your case gets the attention it deserves. Contact one of our legal experts and get a professional review of your case today.