Negotiation:  Our firm reviews applicable plan language to determine proper techniques to resolve a private health care or ERISA lien.  We then directly negotiate with the lien holder, with the real threat of litigation, to obtain a positive reduction of the lien amount.  Certain plans will prevent any reduction of a lien but many plans do not have proper language in the plan which can result in no lien at all.

Litigation:  Our firm's lawyers aggressively litigate lien issues when necessary.  We will identify the controlling law (whether state, federal, or a combination) and jurisdiction.  We scrutinize the provider's grounds for asserting the lien or subrogation right, whether it arises out of contract, statute, or common law.  We determine the limitations on the provider's rights to lien, subrogation, and/or reimbursement.  We litigate the lien issues on your behalf and in the best interests of the injury victim.

Medicaid Ahlborn Reductions:  The landmark Ahlborn decision has led to litigation over the ability of Medicaid to assert its full lien amount in cases where the recovery for past medicals is limited.  We assist with securing an Ahlborn reduction and litigating the issue with Medicaid if need be. 


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