Beyond McCutchen: Practical Strategies for Reducing ERISA Liens
When the Supreme Court decided US Airways v. McCutchen in 2013, recovery vendors declared victory. The Court held that ERISA plan language governs reimbursement rights, and equitable defenses cannot override clear contractual terms.
Many attorneys took this to mean ERISA
How 1024(b)(4) Requests Can Transform Your ERISA Lien Negotiations
If you’re negotiating ERISA liens without leveraging 1024(b)(4) requests, you’re leaving one of your most powerful tools on the table.
This federal statute creates a direct obligation for plan administrators to provide documents, and it comes with real penalties when
Self-Funded vs. Fully Insured: Why This Distinction Can Save Your Client Thousands
Every ERISA lien negotiation begins with the same critical question: Is this plan self-funded or fully insured?
Get this right, and you know exactly what legal framework applies. Get it wrong, and you could be leaving tens of thousands of
What Every Trial Lawyer Needs to Know About ERISA Liens
If your personal injury client has employer-sponsored health insurance, you’re almost certainly dealing with ERISA. And if you’re not prepared for what that means, you could be leaving significant money on the table or, worse, exposing your firm to liability.
A Guide for Trial Lawyers and Paralegals: Lien Identification, Verification, and Audit
A trial or settlement determines gross. Lien resolution decides net. A disciplined approach to identification, verification, and audit protects client funds, shortens disbursement timelines, and reduces post-resolution risk. The following is a practical framework for legal teams who handle healthcare …
Why Lien Resolution Is So Challenging for Personal Injury Law Firms—And Why It Matters
For personal injury firms, achieving a settlement or verdict is only half the battle. The real work isn’t finished until every lien is resolved. Yet lien resolution remains one of the most daunting aspects of personal injury practice. It is
The Personal Injury Professional’s Guide to Lien Types: What You Need to Know
In the high-stakes world of personal injury litigation, one word can quietly threaten your client’s net recovery and your firm’s efficiency: liens.
From government agencies to private insurers, everyone wants a piece of your client’s recovery. But not all …
To Outsource or Not? Deciding Which Liens Require Expert Help
For personal injury firms, lien resolution is one of the most time-consuming and risk-heavy aspects of personal injury practice. Every lien has the potential to cut into your client’s net recovery and expose your firm to liability if mistakes are
Effective ERISA Lien Reduction Strategies
Navigating ERISA liens can be a daunting task, given the complexity of the Employee Retirement Income Security Act (ERISA) and its impact on self-insured health plan reimbursement. Although a comprehensive exploration of ERISA is beyond this blog, understanding some key
Why Lien Resolution Isn’t Your Firm’s Core Competency—and Why Outsourcing Matters
Personal injury firms excel at what they were built to do: securing justice by proving liability, telling their client’s story, and getting the best possible settlement or verdict. Yet once the dust settles, another challenge arises, resolving liens.
Here’s the
