Merschbrock Law | The Lien Resolution Firm
Lien Resolution
Lien Resolution Services
Merschbrock Law provides comprehensive lien resolution services for personal injury attorneys nationwide.
Service Includes:
- Full-service lien resolution from intake to closure
- Verification of entitlement and identification of the subrogation vendor or eligibility confirmation
- Request and review of itemized charges to separate related vs. unrelated treatment; initiate disputes if necessary
- Request and analysis of plan documents, contracts, policies, and governing authority for full legal evaluation
- Initiation of statutory document requests under the applicable lien statute or regulatory authority
- Comprehensive lien preparation to streamline and strengthen negotiation efforts at settlement
Negotiation to obtain the maximum possible reduction - Collection of accurate and complete payment instructions for each lien
Service Includes:
- Full Medicare lien resolution from start to finish
- Verification of Medicare entitlement
- Reporting the case to Medicare
- Requesting and auditing the Conditional Payment Letter to identify related and unrelated treatment, including initiating disputes when appropriate
- Assistance in obtaining a final repayment amount prior to mediation
- Reporting settlement details to Medicare
- Securing the Final Demand Letter
- Ensuring full compliance with all Medicare Conditional Payment repayment requirements
- Preparing and submitting Medicare Compromise Requests, when appropriate, to seek reductions based on statutory or equitable criteria
- (If applicable) Preparing supporting documentation for compromise consideration
Additional Medicare Lien Resolution Services:
- Re-audit or dispute of a Final Demand
- Extension or installment agreement requests
- Addressing Treasury or CRC referral matters
- Documentation and compliance support
- Duplicate file closure
Service Includes:
- Verification of the client’s entitlement to Medicare, Medicaid, or Military (Tricare/VA) benefits to ensure compliance with all applicable regulations
- Procurement of documentation confirming coverage status, lien amounts, and related details
- If no coverage is identified, obtain documentation confirming ineligibility during the date of accident and/or the treatment period
Service Includes:
- Formal request for all required ERISA documents from the plan administrator under 29 U.S.C. § 1024(b)(4)
- Review and analysis of plan documents, including:
- Summary Plan Description (SPD)
- Master Plan Document (MPD)
- Form 5500
- Any other relevant materials
- Evaluation of the plan’s subrogation and reimbursement language for enforceability
- Citation of relevant controlling case law impacting enforceability and recovery rights
- Delivery of a case-specific resolution guide for attorneys to use during lien negotiations
Service Includes:
- Identification of the appropriate subrogation vendor or recovery agent
- Requests and obtains the following documentation:
- Assigned analyst and file contact information
- Itemization of claims paid
- Documentation establishing the plan’s authority for recovery
- All gathered information is returned to the firm for completion of the lien resolution process in-house
Service Includes:
- Comprehensive review of all plan documents to assess the strength and enforceability of the plan’s subrogation or reimbursement rights
- Legal analysis of plan language with citation to controlling case law
- Preparation of a case-specific resolution guide for the firm to use during negotiations
- A consultation (via call or meeting) to discuss strategic recommendations for resolving the lien
Let Clayton train your team to resolve liens and negotiate like a pro.
Clayton offers customizable training programs for attorneys and paralegals, designed to address the full spectrum of subrogation and lien resolution challenges faced by personal injury law firms. Whether you’re looking to build foundational knowledge or sharpen advanced negotiation skills, these courses can be tailored to meet your firm’s specific needs.
Lien Types
Merschbrock Law specializes in helping personal injury attorneys maximize their clients’ net recoveries by resolving and reducing healthcare liens, subrogation claims, and reimbursement demands. Clayton Merschbrock personally handles every lien resolution file — bringing over a decade of experience negotiating ERISA liens, Medicare conditional payments, Medicaid liens, hospital liens, VA and TRICARE subrogation, and FEHBA reimbursement demands.
By outsourcing lien resolution to Merschbrock Law, personal injury attorneys eliminate malpractice exposure, reduce administrative burden, and ensure their clients receive the maximum possible recovery at settlement. Every file is personally managed from intake to closure — no analysts, no handoffs.
Private Health Insurance Liens
Private insurers often assert a right of reimbursement when they have paid for injury-related medical treatment. These claims may be governed by contract language and state-specific laws. Identifying the recovery vendor, confirming authority, and analyzing policy terms are crucial to protecting your client’s recovery.
ERISA Lien Resolution
ERISA (Employee Retirement Income Security Act) plans often claim reimbursement rights that preempt state law. But not every plan qualifies.
We assist in:
- Determining whether a plan is truly ERISA-governed
- Requesting all required plan documents under 29 U.S.C. § 1024(b)(4)
- Analyzing plan language and applying case law to identify weaknesses
Preparing a resolution strategy for attorneys to negotiate from a position of strength
Clayton regularly teaches CLEs across the country on this topic, empowering firms to retain more for their clients.
Medicare
(Parts A & B)
Medicare asserts statutory recovery rights under the Medicare Secondary Payer Act (42 U.S.C. § 1395y(b)).
We manage the entire process:
- Reporting the case to Medicare
- Reviewing the Conditional Payment Letter
- Auditing related vs. unrelated claims
- Requesting reductions under 42 C.F.R. § 411.37
- Handling waiver, compromise, and appeal requests
Delays or errors can result in interest accrual or Treasury referrals. Proper navigation protects both client funds and attorney liability.
Medicare Advantage & Supplemental Plans
These plans, though private, may assert rights similar to traditional Medicare. However, enforcement and reductions vary significantly.
We provide:
- Verification of plan status
- Review of subrogation rights
- Dispute of unauthorized or inflated demands
Given their complex status under federal and state law, having a knowledgeable advocate can significantly impact the final lien amount.
Medicaid Lien Resolution
Medicaid is a state-administered program governed by federal rules. Each state has its own lien enforcement procedures.
We consider:
- State-specific Medicaid statutes and procedures
- Key Supreme Court decisions like Ahlborn, Wos, and Gallardo
- Opportunities for proportional reductions based on limited recoveries
Understanding the interplay between federal authority and state practice is critical for proper lien resolution.
FEHBA (Federal Employee Health Benefits Act)
FEHBA plans often assert reimbursement rights through their federal status. These liens can be difficult to challenge and are often aggressively pursued.
We evaluate:
- Plan documents and preemption claims
- Whether reductions or waivers may apply
- The proper interpretation of federal case law impacting lien validity
An experienced approach can ensure fair resolution and prevent overpayment.
VA / TRICARE Lien Resolution
Military healthcare liens, including VA and TRICARE, require special attention:
- The VA must issue billing before negotiation can begin
- Information requests often require extended follow-up
- TRICARE subrogation is handled through private vendors under complex federal authority
We identify coverage early, request beneficiary details, and allow sufficient time for resolution. These claims demand compliance, patience, and precision.
Hospital Liens
Hospital liens are often asserted for emergency services and are governed by state-specific statutes.
We evaluate:
- Whether the lien has been properly perfected
- Statutory caps and procedural errors
- Opportunities to dispute or reduce based on unrelated or inflated charges.
Quick identification and validation of hospital liens protect client recoveries and streamline settlement disbursement.
Outstanding Provider Bills
Not all providers assert formal liens, but unpaid balances can complicate settlements.
We assist by:
- Verifying treatment relevance
- Reviewing bills for accuracy
- Negotiating directly with providers to reduce balances
Even informal claims can significantly impact your client’s net recovery—early review makes a difference.
Workers' Compensation Liens
When workers’ compensation benefits are paid, the carrier may assert a lien under state law or contract.
We assist with:
- Reviewing statutory lien rights
- Confirming net recovery rules
- Evaluating settlement allocations (e.g., wage loss vs. medical)
Every state handles WC liens differently—ensure your client’s rights are preserved and lien obligations are properly satisfied.
Short-Term Disability Liens
Disability carriers may seek reimbursement from settlements for previously paid benefits.
We help:
- Verify contract terms and enforceability
- Evaluate whether the plan allows for subrogation
- Negotiate reductions or waivers where appropriate
Proper analysis helps prevent unnecessary repayment and maximizes your client’s final recovery.
Mass Tort Lien Resolution
Large-scale litigation (e.g., opioids, defective products, pharmaceuticals) involves multiple lienholders, including government programs, private insurers, and group plans.
We support firms by:
- Managing lien resolution across multiple claimants
- Streamlining communication with lienholders and administrators
- Ensuring compliance with global resolution programs and settlement protocols
Merschbrock Law’s experience in mass torts ensures efficient administration and maximized client outcomes.