Merschbrock Law

Services

Lien Resolution

At The Lien Resolution Firm we offer comprehensive lien processing and resolution services for all types of liens.

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.