ERISA Lien Resolution in 2025
1h 12m
Created on April 30, 2025
Advanced
Overview
The twenty-first century has rendered massive developments within the realm of subrogation and reimbursement claims by plans established and regulated under the Employee Income Security Act of 1974 ("ERISA"). From developments at the Federal District Court level to decrees of the United States Supreme Court, the favorable resolution of these subrogation and reimbursement claims have become troublesome for the everyday practitioner.
In order to begin the process of effectively analyzing, negotiating, and resolving ERISA liens, practitioners need to be aware of the basics of the ERISA statute, to what plans the statute and federal preemption apply, and to the development of case law over the last two and half decades which lends to an understanding of how ERISA claims are pursued by employee health and welfare benefit plans.
Join industry leaders and attorneys John Cattie and Zachary De Leon from the law firm of Cattie & Gonzalez, PLLC, as they provide unique perspectives on the handling of ERISA subrogation and reimbursement claims. John and Zach bring with them years of experience in resolving liens being pursued against personal injury and workers' compensation claims. John and Zach will provide the baseline knowledge necessary for everyday practitioners to begin to get the upper hand when negotiating and resolving liens being asserted by ERISA plans. Attendees will leave the session with the confidence and understanding necessary to effectively tackle the dreaded ERISA lien.
Learning Objectives:
- Analyze the statutory framework that allows for ERISA plans to seek reimbursement under the protection of federal law
- Distinguish the type of plans ERISA applies to and what is necessary for ERISA plans to obtain preemptive status
- Identify how to obtain evidence of, and determine, a plan's funding status
- Break down the development of case law over the past two and half decades and where it stands in the year 2025
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