Lien holder squashed by equitable doctrines

MASSIVE has partnered with Cordisco & Saile since 2014, to assist them with their lien resolution needs and allow for the highest amount to end up in their client’s pockets. Recently, our team successfully eliminated a lien by asserting that the private insurance plan did not have the right to recover based on Equitable Doctrines.…

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Massive: Medical & Subrogation Specialists stands above the rest. Recently, our client found themselves facing a $138,000 ERISA lien for a plaintiff involved in an automobile accident. The lien would surely cripple their settlement so the firm hired Massive for expert guidance.  We were able to determine the insurance plan wrongly asserted it was ERISA.…

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Massive Managing Partner Todd Franklin will be attending the M&L Winter Legal Forum Marketing conference January 10-13, 2018 in Costa Rica! As long time supporters of M&L, we are excited to contribute to this collaborative group dedicated to success. Massive is the country’s most accurate and reliable lien resolution company, quickly resolving healthcare liens with Medicare, Medicaid, Private Insurance, ERISA, Military and VA.…

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Lien resolution often starts with one question: What does the plan language say? More specifically we ask if the private insurance lien (or even the ERISA lien) has contract language explaining its rules for subrogation and liens. Every once in a while we find lien holders and health insurers who tell us there isn’t plan…

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Sometimes, a lien never has to exist. Sometimes, the insurance company never stands a chance. And sometimes, a client keeps 100% of her net settlement. These times are most often settlements in anti-subrogation states – or states that statutorily refuse to allow subrogation, liens, or insurance reimbursement. The eight officially anti-subrogation states are: Arizona Connecticut…

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Massive, LLC is pleased to announce the addition of Ahmad Zeki, Juris Doctor as Director of Business Development. Ahmad joins Massive to further develop its growing, national lien resolution services. Ahmad joins Massive with more than 10 years of business experience ranging from sales, client development, executive account management, and medical disability insurance. Ahmad is a…

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On April 18, 2017, the United States Supreme Court ruled in Coventry Healthcare of Mo., Inc. v. Nevils that reimbursement or subrogation plan language in Federal Employee Health Benefit Plans (FEHBA) preempts any State law. This holding means that FEHBA liens now feel a lot like ERISA liens. Since the McVeigh ruling in 2006, there has…

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The short answer is – they can be. But if you know how ERISA Plans operate you can achieve maximum reductions. Resolving liens can be a difficult and time-consuming task. Medicare frequently includes unrelated claims, but is statutorily required to reduce by a pro-rata share of attorney’s fees and costs.  Insured health plans typically reduce…

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Two weeks ago, a California District Court ruled that Medicare can only seek reimbursement for items and services related to the underlying claim. Logical? Sure. But there’s more to it! First, the Court took on Medicare’s combination of ICD-9 or ICD-10 codes into one payment. Second, the Court reminded us all that Medicare’s claim is…

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Plaintiffs finally have their ERISA victory. With the increasing power the U.S Supreme Court has given to self-funded ERISA Plans, its decision in Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, 136 S. Ct. 651 (2016) was a welcome surprise for plaintiffs.  Prior to Montanile, beneficiaries had to rely on an…

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