LIENS WE HANDLE

The Employee Retirement Income Security Act of 1974 (ERISA) governs most large employee plans. It establishes standards for plan managers, ensures plan funds are protected, and guarantees the receipt of benefits, but also requires compliance with strict requirements upon the Plan. At Walrath Law, we understand the challenges posed by ERISA lien holders who insist on full reimbursement. We leverage proven strategies and relationships to demand fairness and equity from ERISA plans, ensuring your clients receive what they deserve.

As your Lien Counsel, we are committed to holding non-ERISA Plans accountable for all available equitable reductions, securing favorable reductions for your clients. Plans governed by state law are subject to many such mandatory reductions, reducing reimbursements proportionately. In Florida, Fla. Stat. 768.76(4) addresses collateral sources and offers invaluable protections and opportunities for savings.

Federal Employees Health Benefits Act, the world's largest employer-sponsored group health insurance program, is a comprehensive health insurance program designed for federal employees and their families. We understand the intricacies of FEHBA’s state law pre-emptions and its impact on personal injury settlements and navigate these complexities to protect your clients' interests. Our team of knowledgeable professionals stays up-to-date with the latest legal developments and understands their implications. We leverage our knowledge, experience and relationships to demand fairness and equity on FEHBA liens, ensuring that your clients retain as much of their hard-earned settlement funds as possible.

At Walrath Law, we possess extensive expertise in navigating the complexities of military liens affecting the over 17 million individuals (about the population of New York) eligible for, or receiving, military health benefits . We understand the intricacies of dealing with the various examiners and the levels of approval required to obtain favorable outcomes for our clients. At Walrath Law, we are committed to safeguarding your clients' interests and ensuring that their eligibility for military benefits remains intact.

When Medicare has provided payments for medical care and the beneficiary receives a settlement for those injuries, Medicare requires repayment. Medicare issues a Conditional Payment Amount and deducts the beneficiary's procurement costs from that amount. In some cases, Medicare's demands exceed gross settlement, causing grave concerns. We possess intimate knowledge of the Medicare process, employing strategies that yield the best reductions available.

Medicare Advantage Plans or “MAPs” - private plans which are subject to public Medicare Regulations - present unique challenges and opportunities regarding lien resolution. At Walrath Law, we are well-versed in the intricacies of Medicare reimbursement law and hold MAPs accountable to those statutory obligations. We have regular correspondence with the private insurance carriers representing MAP plans and are familiar with their tactics and strategies.

Healthcare providers seeking payment for their services directly from injury recoveries present completely unique challenges and strategies, than other (‘reimbursement”) lien types. Many hospitals boast statutory liens (in Florida, on a county by county basis), while others secure contractual liens upon admission. Professional providers (chiropractors, surgeons, etc.) also create contractual liens against settlements, as do ambulatory surgical centers treating injury victims (“LOPs”). Resolving these liens for the correct amount requires a deep understanding of the facts and law delineating “reasonable value,” available only from lawyers with specialized knowledge and experience negotiating and litigating these liens.