Strategy

While ERISA liens are often discussed broadly, reimbursement rights are defined within the Summary Plan Descriptions (SPD) and Master Plan Documents (MPD) in effect at the time of treatment. For firms handling complex or high-value cases, a structured, document-driven approach is essential to reaching a compliant and well-supported resolution.

The commencement of lien resolution is often viewed as a post-settlement task. In practice, many lien-related issues can and should be addressed earlier in the case lifecycle.

Many personal injury firms manage lien resolution internally, viewing it as a necessary step to close a case. But in practice, liens are often one of the most overlooked opportunities to protect and increase client recovery.