Does an attorney have the same duties to inform an ERISA plan of a potential lien?
Each ERISA plan is different. In the Plan document and Summary Plan Description an attorney should be able to find all of the beneficiaries rights and duties as well as the plan’s actual right to fully recover their lien, if at all. back to questions My client is a 52 year old Quadrapalegic who just won 2.5 million dollars in a lawsuit. It was a third party non-workers comp case. She just qualified for SSDI. Her husband is gainfully employed and BCBS provides all her health benefits. When Medicare is available in two years it will still be secondary to BCBS. Do I need to consider a set-aside? Section 1862(b)(2)(A)(ii) of the Social Security Act precludes Medicare payment for services to the extent that payment has been made or can reasonably be expected to be made promptly under liability insurance. 42 CFR 411.50 defines liability insurance. Anytime a settlement, judgment or award provides funds for future medical services, it can reasonably be expected that those funds are available t
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