Category Archives: LIENS

1024(b)(4) – Send It To The Right Place!

In Allena Burge Smiley v. Hartford Life and Accident Insurance Company, et. al, No. 15-10056 (11th Cir. 2015), the Eleventh Circuit reiterated what Synergy regularly advises clients to do regarding the statutory document request pursuant to 29 U.S.C. 1024(b)(4) – send it to the right place! The first step in properly defending against an asserted…

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Finally an ERISA Subrogation Victory for Plaintiffs

Montanile v. Board of Trustees of National Elevator, 577 U.S. ____ (2016) In the post McCutchen world wherein trial attorneys find themselves at the mercy of ERISA Plans, it was with a measure of dread that we anticipated another unfavorable ruling from the U.S. Supreme Court in Montanile. (See previous blog post). However, Justice Clarence…

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ERISA Plan Penalized For Failure To Produce Documents

In Harris-Frye v. United of Omaha, (E.D. Tenn. 9/21/15) the court assessed $61,380.00 in penalties against the ERISA Plan Administrator for failure to produce the “Plan Document”. This case underscores the importance of properly requesting ERISA Plan Documents pursuant to 29 U.S.C. §1024(b)(4) early in the underlying personal injury case. The court in this case…

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New Medicare Portal Goes Live January 2016

On November 9th 2015 The Centers for Medicare & Medicaid Services (CMS) announced the much anticipated, and long overdue, start date for the new Medicare Secondary Payer Recovery Portal (MSPRP).  The new MSPRP will begin functioning on January 1, 2016.  The current the MSP Web portal permits authorized users to register through the Web portal…

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Lien Resolution Outsourcing — Forging Partnerships & Protecting the Injured

The twenty first century trial attorney faces post settlement/award issues the likes of which could not have been foreseen even twenty years ago. Foremost among these post settlement issues is lien resolution. Today’s trial attorneys have clients who have their medical benefits provided by a wide variety of sources such as; Medicare, Medicaid, Medicare Advantage…

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Double Damages For Medicare Advantage Plans? – 11th Circuit To Decide

In Humana Medical Plan, Inc. v. Western Heritage Insurance Co., No. 12-20123, 2015 U.S. Dist.  LEXIS 31875, the U.S. District Court for the Southern District of Florida granted Humana’s Motion for Summary Judgment and held that Humana’s right to reimbursement for the conditional payments it made on behalf of plan beneficiary under a Medicare Advantage…

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Humana vs. Western Heritage – Double Damages for Medicare Advantage Plans

In Humana Medical Plan, Inc. v. Western Heritage Insurance Co., No. 12-20123, 2015 U.S. Dist.  LEXIS 31875, the U.S. District Court for the Southern District of Florida granted Humana’s Motion for Summary Judgment and held that Humana’s right to reimbursement for the conditional payments it made on behalf of plan beneficiary under a Medicare Advantage…

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SCOTUS Grants Cert. To Review ERISA Subrogation Rights

For some time a split has existed in the Circuits regarding the ability of an ERISA Plan to reach assets that are not in the “control and possession” of the plan participant. Eight of the thirteen circuits have expressed opinions on the presented questions, with the majority (6 to 2) finding that the ERISA plan…

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Lien Resolution Success – Synergy reduces self-funded ERISA subrogation claim by 70%, an additional 57% more than the trial attorney could

This is a case wherein a plaintiff, while recovering from hip replacement surgery, was dropped during a bed transfer at the rehabilitation facility.  The plaintiff engaged counsel and was able to secure a settlement in the amount of $140,000.00.  The plaintiffs’ medical care had been provided by a self-funded ERISA Plan who wanted full repayment…

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Medicare Gives Refunds? How Can My Client Get One?

Repaying Medicare for conditional payments is a necessary but unpleasant process which can result in a greatly reduced net recovery or no recovery at all for an injured Medicare beneficiary.  The Medicare Secondary Payer Statute has a repayment formula that is designed to maximize the return of funds to Medicare and provides no consideration for…

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Synergy reduced military liens by over 80% for a savings of $628,024.09!

In this case a retired veteran was injured and eventually died as a result of medical malpractice. The estate for the veteran engaged a well-respected trial attorney who was able to overcome the challenges that accompany a wrongful death case arising from medical malpractice and obtained a settlement in the amount of $1,300,000.00. Both Tricare…

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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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