Since the United States Supreme Court decided the case of U.S. Airways, Inc. v. McCutchen, 569 U.S. 88 (2013) [Download PDF], collection agents for self-funded ERISA plans have been very aggressive in standing fast on accepting nothing less than full reimbursement.
McCutchen is only a small part of the picture. To fully evaluate an ERISA plan’s right to recover against a plaintiff’s proceeds the full plan language from the year in which the accident occurred must be collected from the plan administrator. Relying on the Summary Plan Description and a boilerplate letter from a recovery agent representing the plan does not indicate one way or another if the plan can recover.
Precision Resolution can coordinate retrieval and will review all documentation needed to determine the rights of the plan and formulate a strategy for attacking these burdensome claims against the settlement proceeds.
From ERISA to VA, TRICARE, FEHBA, APIP, and other private liens arising out of a personal injury action, Precision Resolution was founded by trial attorneys, for trial attorneys to fight these claims and reclaim a greater amount of the proceeds for the plaintiff.
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