Services

Since the United States Supreme Court decided the case of U.S. Airways, Inc. v. McCutchen, 569 U.S. 88 (2013), collection agents for self- funded ERISA plans have been very aggressive in standing fast on accepting nothing less than full reimbursement.

McCutchen is only a small part of the picture, however. To fully evaluate an ERISA plan’s right to recover against a plaintiff’s proceeds it is imperative that the full plan language from the year in which the accident occurred is collected from the plan administrator. Relying on the Summary Plan Description and a boilerplate letter from a recovery agent representing the plan does not indicate one way or another if the plan can recover.