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I can't Stand Negotiating Liens Anymore
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I work for a small PI firm. I'm the only associate attorney. I'm at a point now where almost all lien negotiations are my responsibility, and I'm getting sick of it. I understand it's part of the job. But I spend all day on the phone with subro companies and staff at medical offices who are clueless and also have to deal with borderline impossible tasks, i.e. case settled for $100k, health ins. alone is asserting a $70K lien (oh and it's an ERISA plan), but we need to make sure the client nets X amount. BRO HOW? I'm also forced to sideline other ACTUAL LEGAL WORK (trying to get a MedMal case into arbitration and haven't had the time to review/revise the Stipulation) I'm handling because my boss wants to disburse on these other cases ASAP.

So I'm curious, are any of you are tasked with the same thing at your firm? If not, who handles the lien negotiations at your firm?

Again, I know this is part of the job. You also don't bite the hand that feeds you. I've been handling the liens at this office for three years now and this is the first time I've felt like posting and asking about this issue because I'm getting tired of spending hours on the phone and confirming amounts and settling liens only to have one randomly pop up months later because absolutely nothing about the medical billing system in this county is clear and/or simple. I'm just getting annoyed, and so I'm trying to gauge if I need to just suck it up and push forward, or if I'm justified in my frustration.

I don't know. Tell me I'm wrong, tell me I'm right, tell me I need to stfu and deal with it, I don't know. Just looking to see what the differences/similarities are for my fellow colleges in this industry.

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NEVER agree to settle without working those arrangements out first! I've had many self-funded ERISA plans talk a huge game about taking all my client's net, only to fold like a cheap suit when I tell them that we're just going to abandon the claim completely unless they accept a reasonable distribution of funds.

Remember that those plans usually have no standing to seek reimbursement on their own, so that's a pretty potent threat. Those plans also tend to cheap out on lawyers and resources to actually pursue remedies in court, and will often back down if they believe you're going to fight.

But none of that matters at all once you have funds in trust. Courts have basically let those plans do whatever the fuck they want with reimbursement language, so you can't rely on legally-mandated discounts after the fact.

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8 months ago