MASSIVE 60% Reduction of ERISA Lien
A Michigan plaintiff was badly injured on the job and suffered severe burns. His treatment led to a $94,798 ERISA lien, which would have left him just over $10,000 from his settlement.
Marcy Spitz, Esq., Partner at MASSIVE, explained to the lienholder the case combined the plaintiff’s injury claim and his family’s loss of consortium. She used this apportionment argument to reduce the lien by 60% and allowed the plaintiff and his family to take home over $57,000 more of his settlement dollars.
“It’s important to use what you have with the lien holder,” said Spitz, “they aren’t entitled to everything, even when they might take the position that they are an ERISA-covered plan that has the full right to recovery on any kind of settlement.”