The Garretson Firm Resolution Group provides comprehensive ERISA/Private Health Insurance lien resolution services, from evaluation of a lien's validity to negotiating the lien amount. Our experience and knowledge of the complexities surrounding ERISA grants you the expertise needed to gain the best result for your client, without drawing your valuable resources away from the litigation process.

For years, many misconceptions have existed with regard to ERISA plan subrogation. The questions of exactly what rights ERISA conveys upon a health plan, and what duties it imposed upon claimants and counsel alike, lacked clear answers. This confusion led to many conflicting decisions and deep "circuit splits" among the courts asked to consider the powers and boundaries of ERISA. The chaos caused many to question whether any enforceable subrogation right even existed.

In an attempt to shed light on this confounding area of law, the United States Supreme Court issued a landmark decision in the case of Sereboff v. MAMSI (126 S.Ct. 1869) in May, 2006. There, the Court unanimously ruled that ERISA does indeed convey a strong, enforceable right of recovery upon qualifying health plans. However, with Sereboff's clarity came new questions that a plaintiff's attorney must answer in every case:

• Does my client's ERISA plan qualify for full reimbursement under the requirements set forth by the Supreme Court?
• Do any of the laws in my local federal jurisdiction affect the application of Sereboff to my client's case?
• Has my client yet gained the necessary "possession and control" of the settlement proceeds - a prerequisite to ERISA reimbursement under Sereboff?
• Given my client's recovery, is full reimbursement "appropriate" in this case, as required by ERISA itself?

However, emboldened by the Sereboff decision (and misunderstanding its application), many ERISA plans have begun to demand full reimbursement from claimants’ settlement proceeds. These plans ignore the questions above, and count on plaintiffs' counsel not knowing either when to ask these questions, or how to answer them.

The Garretson Firm Resolution Group has developed a practice that focuses on ERISA/Private Health Insurance subrogation rights. Utilizing attorneys and subrogation analysts who specialize in the area, our firm has the professional resources to analyze these claims in the full light of all applicable law, and resolve them in the best interests of the claimant. The Resolution Group will handle all aspects of lien resolution, including:

• Identifying whether the health plan is governed by ERISA, FEHBA, state law, or a combination thereof;
• Analyzing the plan itself, including the rights it does - and does not - have under its own provisions and the applicable law;
• Identifying and explaining the validity of the lien, as well as the defenses to payment available to the claimant;
• Negotiating and resolving the lien on your behalf and in the best interests of the claimant.

By utilizing the expertise and experience offered by the Garretson Firm Resolution Group to resolve ERISA/Private Health Insurance liens, the benefits realized will include increased productivity for your office (and thus enhanced cash flow), elimination of professional liability on post-settlement matters, and increased claimant satisfaction.