Monthly Archives: September, 2013

Lien Res Success Story – Synergy reduces ERISA lien by 66% and obtains full waiver of Tricare lien

A self-funded ERISA plan and Tricare asserted subrogation/reimbursement claims against the settlement proceeds.  The plaintiff’s attorney engaged Synergy Lien Resolution Service to assist in resolving these liens.   Synergy was able to utilize its experience, expertise and existing relationships with both the ERISA plan’s recovery vendor and the Judge Advocate Generals’ office to quickly resolve these matters.  The result of Synergy’s assistnace was to reduce the ERISA plan’s repayment demand by 66% and to obtain a full waiver of Tricare’s reimbursement claim.

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What is the SOL for Medicare Conditional Payments?

By Dave Place, J.D., Director of Lien Resolution

What is the statute of limitations for Medicare to institute an action for repayment of conditional payments used to be a question with more than one answer.  The SMART Act has answered the question. 

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Will Obamacare End ERISA’s Subrogation Tyranny?

By Dave Place, J.D., Director of Lien Resolution

In the wake of the disastrous holding in U.S. Airways v. McCutchen, 569 U. S.        (2013) plaintiffs and their attorneys are crying out for an end to the Draconian tyranny of self-funded ERISA plans’ subrogation practices.  As you may recall, Mr. McCutchen was severely injured, incurring nearly $67,000.00 in medical damages, in a motor vehicle accident that killed or seriously injured three (3) other people.  Mr. McCutchen was able to recover $10,000.00 from the tortfeasor’s Bodily Injury coverage and another $100,000.00 from his own Under Insured Motorist coverage.  Despite this six figure recovery, Mr. McCutchen was $867.00 worse off from having brought a claim due to paying attorney fees, litigation costs, and repaying the U.S. Airways self-funded ERISA plan.   In light of this reality, the question being raised by so many is “will the Patient Protection and Affordable Care Act (“PPACA”) bring any relief?”

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TESTIMONIALS

“Synergy is our guiding light for deferring our contingent legal fees and planning for retirement. The lawyers at Panter Panter & Sampedro, myself included, have been working with them for over ten years using different methods to defer comp and plan for retirement.”

Brett Panter
Panter, Panter & Sampedro

"I don't think I've directly said "thank you" for helping us with Bridgett’s case. We sent the reduced payment to Medicaid and called Bridgett's mom to tell her approximately how much money was going to be left for Bridgett and she broke down over the telephone. Given only $25k of insurance and a $850k medical bill from the hospital she didn't think Bridgett would ever see a penny."

Tom L. Copeland
Jeffrey Meldon & Associates, P.A.

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