How to fight ERISA liens

First, we must understand an ERISA lien and determine whether you have a claim.

The Employee Retirement Income Security Act of 1974 (ERISA) can obligate the Plaintiff to allocate a portion of settlement funds to reimburse their employer or health plan during a personal injury settlement. The difference lies in whether the plan is self-funded or fully insured.

The Supreme Court issued a groundbreaking ruling on June 28, 2024, in Loper Bright Enterprises v. Raimondo. In Loper Bright, the Court explicitly reversed the decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. This decision will have wide-ranging implications by eliminating the deference previously given to agency interpretations. The good news is that this decision withdrew Chevron's deference to agencies’ statutory interpretation while leaving other, more traditional deference principles intact. For example, State laws regulating insurance can still be protected from federal preemption by the ERISA "saving clause." Conversely, the "deemer clause" excludes self-funded ERISA plans from being subject to regulation as insurance companies.

Knowing these changes could lead to more challenges in negotiating ERISA liens is important. However, ERISA's fundamental principles and preemption rules remain unchanged. Please engage an expert with a proven track record in handling ERISA liens cases. Their expertise can be a game-changer, instilling confidence and reassurance in the outcome of your case.