On January 10, I wrote about a case which I filed in order to eliminate an ERISA health benefits lien that was being asserted against my client’s personal injury and uninsured motorists settlement.  The client’s personal injury attorney had made a good recovery for the client, but the ERISA plan wanted to be reimbursed 100% of its lien and would not budge. 

I filed a federal declaratory judgment action against the self-funded ERISA plan.  Yesterday, the ERISA plan acknowledged that it had no lien, and waived its alleged lien in full.  

Repeatedly, I have seen cases where good attorneys pay back liens that do not even exist, or they pay back way too much. Paying back liens that don’t exist, or paying back too much is a disservice to our clients, and can be considered malpractice. The law on health insurance liens is complicated and one should not dabble in it unless experienced.

Frequently, personal injury attorneys will recommend their clients to hire The Nation Law Firm to negotiate those liens.  This referral removes any potential liability from the personal injury attorney, and provides a much needed service to their clients.