How to Negotiate ERISA Liens in Personal Injury Cases

How to Negotiate ERISA Liens in Personal Injury CasesEmployee Retirement Income Security Act (ERISA) of 1974, 29 USC 1001, et seq. which governs most employee health plans are quickly becoming one of the biggest sources of frustration for personal injury attorneys in terms of liening. Many ERISA plans assert that they are not obligated to reduce their lien claims, and appear that they are entitled to their entire reimbursement claim regardless of the case’s circumstances. Quite obviously, this does not bode very well for clients, who may end up with very little out of their personal injury settlement, particularly if the third party has a limited policy.

Below are some tips on how to negotiate ERISA liens:

  • Understand the Law Governing ERISA Plans
  • Be Sure to Explain to the Client that ERISA Liens Can Be Difficult to Negotiate
  • Read the Contract
  • Narrow the Claim
  • Reduce for Unrelated and Unreasonable Charges and Obtain Credit for Co-pays
  • Reduce for Actual Recovery of Medical Bills
  • Determine What Law Applies and Whether Equitable Defenses Are Available
  • Argue that Equitable Defenses Reduce the Lien Claim
  • Know When You Are in Over Your Head
  • Common Sense and Courtesy Should Prevail

Click here to read more details about negotiating ERISA liens.

For great information about auto accident attorneys miami visit us now.

Please Post A Comment!

In a hurry or after hours?
Fill out the convenient contact form below
and we will get back to you ASAP!