Jason D. Lazarus, Esq., Florida

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Jason Lazarus

Social Security Updates Exempt Asset List to Include SNTs and Able Accounts

SSI and Medicaid are both needs based government assistance programs which can be lost by receiving a personal injury settlement.  However, proper planning can avoid this result by making what would normally be a countable resource, exempt.   The Social Security […]

Jason Lazarus

Fighting ERISA Liens Made Easy – Sort Of ….

Many attorneys struggle with getting reductions on ERISA liens. The primary reason is lack of leverage and less than complete information. This blog post gives some tips on how to be better prepared to fight ERISA recovery contractors. The following are key points from this month’s blog post regarding ERISA liens:

ERISA is a federal statute that protects self-funded employer-based health insurance plans from application of state law when they have a lien
It is critically important to review an ERISA plan before negotiating a lien
Use 1024(b)(4) request to put pressure on the ERISA plan
Determine funding status – self funded versus insured
Review Master Plan Document for subrogation language, don’t rely on the Summary Plan Document
Get every piece of information you are owed from the ERISA plan prior to resolving the lien
Follow our step by step plan discussed in the blog post
Outsourcing lien resolution to those that specialize in fighting ERISA recovery contractors may give your client a greater reduction