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.
Contact us to see how we can help you get back to the task at hand: winning more cases, recieving the settlement proceeds faster, and expanding your practice.Contact