MASSIVE Does it Again! ERISA Lien Fully Eliminated After Careful Review of Plan Language

MASSIVE’s expert attorneys completely eliminated an ERISA lien arising from a motor vehicle accident lawsuit in less than five months.

This challenging subrogation claim was governed by case law where the employer can demand 100% of a plaintiff’s settlement. And while the lien holder had offered to reduce the $284,000 lien by 25% due to the seriousness of the injuries, we knew that this plaintiff deserved more and were willing to fight for it.

With careful attention to the details of the Plan language, we were able to determine that no subrogation or reimbursement could be sought by this Plan if the plaintiff sustains permanent physical or mental disability. MASSIVE’s attorneys convinced the Plan’s legal department and the lien was completely reduced, allowing the plaintiff to retain more of the settlement for his ongoing medical bills.

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