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Resolving ERISA Liens and Reimbursement Claims in Personal Injury Cases

Narrowing Claims and Challenging Unreasonable Charges

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, December 10, 2024 (in 3 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE course will give personal injury attorneys practical tips for negotiating and resolving ERISA liens and claims for reimbursement against personal injury settlements to maximize recovery for their clients.

Description

Personal injury attorneys spend significant time negotiating ERISA liens and claims for reimbursement in tandem with a personal injury settlement. ERISA reimbursement claims, which involve an ERISA plan administrator seeking repayment of the money it paid for the plaintiff's medical bills, can severely limit a plaintiff's financial recovery following an injury.

Plaintiffs have a higher chance of reducing liens when negotiating with the ERISA plan before settling the personal injury claim. Therefore, the final settlement of personal injury claims should not occur until after addressing ERISA liens. Strategic negotiation of the liens will help personal injury attorneys maximize their clients' recovery during the settlement of their claims.

Personal injury lawyers need to be especially alert when an ERISA plan claims to be self-funded with stronger rights of recovery. However, not all funds that claim to be "self-funded" actually are.

Listen as our authoritative panel of personal injury litigators discusses the latest developments and relevant case law related to ERISA claims for reimbursement and explains effective tactics for negotiating ERISA liens and maximizing settlements.

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Outline

  1. Overview of the law governing ERISA reimbursement in the context of personal injury settlements
  2. Best practices for personal injury counsel for negotiating and resolving liens and reimbursement claims
    1. Timing of the lien negotiation
    2. Obtain and review all health insurance coverage and the summary plan description during client intake
    3. Exhaust all other available medical coverage
    4. Request and review the lien
    5. Narrow the claims
    6. Dispute unreasonable items
  3. Update on other types of liens
    1. FEHBA
    2. MAO
  4. Medicare refunds

Benefits

The panel will review these and other relevant issues:

  • What are the latest developments and applicable case law related to ERISA claims for reimbursement?
  • What steps should personal injury attorneys take to ensure the most favorable result for their clients when negotiating an ERISA lien?
  • Are personal injury attorneys required to notify ERISA plans of third-party claims and settlements?

Faculty

Cattie, John
John V. Cattie, Jr., Esq.

Managing Partner
Cattie & Gonzalez

Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and...  |  Read More

Place, David
David L. (Dave) Place, JD

Owner
The Place Firm

Mr. Place exclusively assists personal injury victims and plaintiff counsel with complex lien resolution problems using...  |  Read More

Attend on December 10

Cannot Attend December 10?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video