Liens - Information for Settlement Class Members
A Lien is a legal right through which someone claims a legal obligation to withhold payment from a Monetary Award, Supplemental Monetary Award, or Derivative Claimant Award (“Award”). The person or entity claiming the Lien is called a lienholder.
The Claims Administrator will pay the following kinds of Liens asserted by lienholders or identified by you in your Claim Package:
(a) Medical Liens
(b) Attorneys’ Liens
(c) Other Liens
A Medical Lien is the most likely type of Lien to be claimed against a Monetary Award or Derivative Claimant Award involving a personal injury. Medical Liens are sometimes called “healthcare liens.” A Medical Lien occurs when a healthcare insurer/payor (such as Medicare, Medicaid, the Department of Veterans Affairs, and/or others) pays for medical items, services, and/or prescription drugs related to your Qualifying Diagnosis. If you are then eligible to receive a Monetary Award because of your Qualifying Diagnosis, the healthcare insurer/payor may be entitled to reimbursement (that is, be paid back) for its payments out of your Monetary Award. However, please be advised that this right applies only to medical expenses or services related to your Qualifying Diagnosis. For example, if you received a Monetary Award for Alzheimer’s Disease, medical expenses for treating your Alzheimer’s Disease may be subject to a Medical Lien, but medical expenses for a sprained ankle would not.
There are many different types of Medical Liens, including those asserted by Medicare A/B, Medicare C/D, Medicaid, TRICARE, VA, Indian Health Services and Private Healthcare Insurers for certain plans where, under the Settlement Agreement, there needs to be a legal obligation to withhold payment.
An Attorney's Lien is a Lien for an attorney’s fees and costs for work that the lawyer did representing you individually in the NFL concussion litigation and/or in the Settlement Program. Attorneys’ Liens do not include claims for fees and costs by attorneys for work they did to help create and carry out the Settlement Program.
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Child Support Liens |
Liens from a federal or state child support agency for unpaid child support |
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Tax Liens |
Liens from a federal, state, or local tax agency for unpaid taxes and penalties |
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Judgment Liens |
Liens for a debt based on a contract, business, loan, or any other debt enforced in a final judgment entered by a federal or state court |
The Claims Administrator will not pay:
(a) Claims for debts owed by anyone other than the Settlement Class Member, including your lawyer.
(b) Claims based on a Settlement Class Member’s assignment of rights to or proceeds of an Award to a third party pursuant to the Court’s December 8, 2017 Explanation and Order Regarding Assignment of Monetary Claims to Third Parties (click here to read the Court’s Explanation and Order). However, if the third party is willing to accept the amount it paid to you in full satisfaction of the debt, the Claims Administrator will withhold that amount from your Award and return it to the third party.
Yes. The Claims Administrator is required to withhold some or all of your Award until the Medical Liens asserted against your Award have been resolved. The money withheld will be used to repay valid Liens and any amounts left over will be paid to you. To get that money, however, the Medical Liens against your Award have to be resolved first.
The Settlement Agreement authorizes the use of “holdbacks,” which provide two benefits:
1. More money can move while Liens get resolved. By setting aside a portion of your Award for the purpose of settling Liens, the Claims Administrator can release the rest of the Award to you. Otherwise, the entire Award would need to be withheld from you until the Lien is resolved. If any portion of the holdback is not needed to repay the Lien, it goes to you.
2. Your health care benefits are protected. Holdback amounts are carefully calculated to be as low as possible while setting aside enough money to resolve your Liens. The Lien Resolution Administrator calculates the amount to hold back based on several factors, including: (1) your Qualifying Diagnosis, (2) the type of Lien(s) being claimed, (3) the number of Liens and (4) the typical cost of treatment for someone with your diagnosis. You can rest assured that your Lien will be addressed.
Under the Settlement Agreement, a Medical Lien could be asserted against your Award by a governmental health plan, a Medicare Part C or Part D plan, or certain private health insurance plans where there is a legal obligation to withhold payment. Governmental health plans include Medicare Part A and Part B, Medicaid, the Veterans Administration, TRICARE, Indian Health Services and plans provided by other governmental agencies or the military.
The Lien Resolution Administrator will act on your behalf to resolve Liens asserted by governmental health plans or Medicare Part C or Part D plans.
There also may be private health insurers who seek reimbursement for expenses they have paid on your behalf. Under the Settlement Agreement, you can choose to resolve private health insurance plan claims where there is no legal obligation to withhold these payments either by doing so yourself (or, if you are represented, through your lawyer), or by hiring the Lien Resolution Administrator or another lien resolution company to resolve them for you.
If Medical Liens are not properly resolved, your health plan could stop paying for your medical bills or stop providing you with other benefits. An insurer’s right to place a Lien on your Award may be protected by law. This obligates you to work with the insurers to resolve any Liens claimed against your Award.
The settlement administrators have the responsibility to identify and resolve certain Medical Liens and lienholders are on notice that they should tell the settlement administrators of any Liens against Settlement Class Members. The Settlement Program will issue a notice about certain kinds of Liens as they are relevant to you.
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Kind of Lien |
Notice Type |
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1. |
Medical Liens |
The Lien Resolution Administrator will send you specific notices depending on the Lien type. These notices will identify the lienholder and what options are available to verify and resolve the Lien. Where the notice involves a private payor, it will also provide you with the option to hire the Lien Resolution Administrator to resolve the Lien or identify that you will resolve it yourself. |
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2. |
Attorneys’ Liens |
The Claims Administrator will send you a Notice of Lien about each Lien asserted against your Award along with copies of the supporting documents from the lienholder after you submit a Claim Package. You will be asked to respond to the notice either to consent to or dispute the Lien. Note for Attorneys: If you are a Settlement Class Member’s current lawyer and believe that Lien payments may interfere with recovery of your attorney’s fees and costs, you must assert a Lien for attorney’s fees and costs before the Claims Administrator begins the process to pay the affected Settlement Class Member. |
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3. |
Other Liens |
Additionally, the attachment to your Award notice will list all Liens received as of the date of the notice where funds have been deducted or held back from your Award, the lienholder’s name and the amount deducted or held back for the Lien. You will receive a notice including any additional amount deducted or held back from your Award for Liens asserted after the date of your Award notice.
A “Deduction for Finalized Lien” shows you the amount of money that the Claims Administrator will pay to the lienholder for a Lien that has been resolved. The amount the Claims Administrator has to deduct from your Award to pay an Attorneys' Lien is based on the contract or agreement you sign with that lawyer and any orders of the Court that affect attorneys’ fees and costs in this Settlement Program.
A “Holdback for Pending Lien” shows you the amount of money the Claims Administrator is holding back from your payment for a Lien that has not been resolved. After Liens with holdback amounts are resolved, the Claims Administrator will pay the lienholder the final Lien amount and pay any remaining funds that were held back to you. The amount the Claims Administrator has to deduct from your Award to pay an Attorney's Lien is based on the contract or agreement you sign with that lawyer and any orders of the Court that affect attorneys’ fees and costs in this Settlement Program.
Keep in mind that a holdback amount for Medical Liens does not necessarily mean that a valid Lien exists. The Lien Resolution Administrator is responsible for verifying whether you are or were entitled to benefits under certain health insurance programs such as the Medicare Program and the Medicaid Program.
The Claims Administrator will ask you (or, if you are represented, your lawyer) to provide information and documentation about the Lien so it can contact the lienholder for updated information and treat it like any other Lien. If you do not provide the Claims Administrator with enough information to contact the lienholder or the lienholder does not provide the Claims Administrator with the information it needs, you are responsible for resolving the Lien.
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Kind of Lien
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How to Respond
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1.
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Medical Liens
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Depending on the Lien type, the notices sent by the Lien Resolution Administrator will provide instructions on how to respond, including whether or not your response is required. Any responses can be sent to the Lien Resolution Administrator by e-mail or mail.
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2.
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Attorneys’ Liens
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The Notice of Lien requires that you tell the Claims Administrator whether you consent to or dispute the Lien by uploading your response in the Attorney Lien Dispute section on you online Portal. If you do not have access to the online Portal, you must mail or deliver your response to the Claims Administrator. You have 20 days to consent to or dispute the Attorneys’ Lien. If you do not respond by the deadline listed at the top of the Notice of Lien, the Claims Administrator will treat it as a disputed Lien.
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3.
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Other Liens
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The Notice of Lien requires that you tell the Claims Administrator whether you consent to or dispute the Lien by email, mail, overnight delivery, or fax. If you do not respond by the deadline listed at the top of the Notice of Lien, the Claims Administrator will treat it as a disputed Lien.
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If you have not previously provided the notice with your Claim Form, then you should provide that information, along with your Settlement Program ID, name and contact information by mail to:
NFL Concussion Settlement
Claims Administrator
P.O. Box 25369
Richmond, VA 23260
No. The Lien Resolution Administrator is already working with lienholders in the most efficient manner possible. Contacting a lienholder regarding a Medical Lien may result in multiple recovery attempts, which can significantly delay processing time.
The Lien Resolution Administrator is already working directly with Medicare to resolve Medicare Part A and Part B Liens. When you qualify for an Award, the Lien Resolution Administrator determines if you are (or ever were) a Medicare beneficiary. If so, the Lien Resolution Administrator calculates a holdback amount and automatically resolves any Medicare Liens for you.
If the Lien Resolution Administrator needs anything from you to resolve a Medicare Lien, it will contact you. If you (or, if you are represented, your lawyer) receive any type of correspondence from Medicare regarding a Lien, forward it to the Claims Administrator as soon as possible. In the meantime, you do not need to do anything about Medicare.
If you currently receive benefits through Medicare Part C or Part D* or have received such benefits in the past, you must identify the Part C or Part D Program Sponsor on your Claim Form. The Lien Resolution Administrator will use this information to resolve any Liens that may be claimed by the Part C or Part D Program Sponsor in connection with your Award.
If you receive notice of a potential Lien from a Medicare Part C or Part D Program Sponsor, forward it to the Claims Administrator as soon as possible. The notice will help the Lien Resolution Administrator address your Lien.
Reminder: Medicare Part C Program Sponsors (also known as “Medicare Advantage Plans”) are private health insurers that contract with Medicare to provide the same services as traditional Medicare Parts A and B. Medicare Part D Program Sponsors are private health insurers that contract with Medicare to provide supplemental prescription drug coverage.
The Lien Resolution Administrator has reached agreements with most state Medicaid* agencies to resolve Medicaid Liens. This is a multi-step process. First, the Lien Resolution Administrator verifies whether you are or were a Medicaid beneficiary in the state(s) of residency listed on your Claim Form. Then the Lien Resolution Administrator determines if Medicaid has paid for any treatments related to your Qualifying Diagnosis. Next, the Lien Resolution Administrator reviews Medicaid’s expenses to make sure they apply only to those treatments and nothing else. When the Lien Resolution Administrator determines the final Lien amount, it is paid to the agency from your holdback.
You must identify all your states of residence on your Claim Form. If the Lien Resolution Administrator needs anything else from you to resolve a Medicaid Lien, it will contact you.
Reminder: Medicaid provides medical coverage for individuals and families with limited resources. Each state and territory has its own Medicaid Program and each one is different. If you have lived in more than one state, it is possible that you have received benefits from more than one Medicaid agency. If so, each state’s agency must be contacted to determine if you are or have been a Medicaid beneficiary in that state.
If you have or had medical coverage through either TRICARE or the Department of Veterans Affairs* (“VA”), and if the agency paid for or provided treatment related to your Qualifying Diagnosis, then the agency may have a right to be reimbursed for the payments it made.
You must include all TRICARE or VA coverage information on your Claim Form. The Lien Resolution Administrator will use this information to resolve any Lien that may be claimed by TRICARE or the VA in connection with your Award. If the Lien Resolution Administrator needs anything else from you to resolve a military Lien, it will contact you.
Reminder: TRICARE and the VA are governmental benefit programs that provide medical coverage or treatment for eligible members of the military and their families.
If you have or had medical coverage through Indian Health Services* (“IHS”), and if IHS paid for treatment related to your Qualifying Diagnosis, then the agency may have a right to be reimbursed for the payments it made.
You must include all IHS coverage on your Claim Form. The Lien Resolution Administrator will use this information to resolve any Lien that may be claimed by IHS in connection with your Award. If the Lien Resolution Administrator needs anything else from you to resolve an IHS Lien, it will contact you.
Reminder: IHS is a federal agency that provides medical services for American Indians and Alaska Natives.
The Lien Resolution Administrator has contacted Medicare to address Medicare A / B reimbursement claims and has: (a) secured a global agreement for Monetary Awards for Level 1.5 Neurocognitive Impairment and Level 2 Neurocognitive Impairment; and (b) secured a “no interest” statement from Medicare for those Settlement Class Members whose last Eligible Season ended before December 5, 1980, and who are scheduled to receive Monetary Awards. These agreements result in a fixed, predictable and streamlined payment process that covers past and future injury-related medical care. The Lien Resolution Administrator will handle all other Qualifying Diagnoses that trigger Medicare reimbursement obligations through Medicare’s traditional claims process.
Also, the Lien Resolution Administrator has reached agreement with more than 45 of 52 Medicaid agencies, which apply offsets and caps to the audited Medicaid lien amounts, resulting in significant savings to Settlement Class Members.
Private insurance plans do not usually carry an obligation to withhold payment of settlement funds, like Awards. However, most private insurance* plan documents (such as a contract or a plan booklet) contain provisions that require you to notify the insurer of any illness or injury that can be attributed to a third party. When this happens, and if you receive compensation from the third party, then the insurer may demand repayment from that compensation. If you fail to comply with these provisions in your insurance plan, the company can take action against you later or deny future benefits.
You can include private insurance coverage on your Claim Form. If you do so, the Lien Resolution Administrator will send you information explaining your options for resolving the potential Lien.
Reminder: Private health insurance coverage is offered through private, non-governmental entities. Private insurance policies are commonly referred to as insurance “plans.” Examples of private healthcare insurance include coverage provided by your (or a family member’s) employer or that you purchased from an insurance company. Private insurance plans often refer to the policy holder as a “subscriber” or “plan member.”
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Kind of Lien |
How to Dispute |
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1. |
Medical Liens |
The Lien Resolution Administrator will send you a notice when it determines the final repayment amount needed to satisfy Medical Liens against your Award. The notice will include instructions about how to resolve the dispute. |
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2. |
Attorneys’ Liens |
The Claims Administrator will send you a Notice of Duty to Resolve Lien Dispute with instructions about how to resolve the dispute. The notice will explain that the Claims Administrator will withhold enough money to pay the Lien, to the extent funds are available, until the dispute is resolved. If you cannot reach an agreement, the Claims Administrator will refer the dispute to the Special Master for resolution pursuant to a dispute resolution process approved by the Court on September 27, 2023. Click here for FAQs on the Attorneys' Liens dispute resolution process.
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3. |
Other Liens |
The Claims Administrator will send you a Notice of Duty to Resolve Lien Dispute with instructions about how to resolve the dispute. You are responsible for contacting the lienholder directly to resolve the dispute. The notice will explain that the Claims Administrator will withhold enough money to pay the Lien, to the extent funds are available, until the dispute is resolved. |
A Dispute over an Attorneys’ Lien is any disagreement between you and an attorney lienholder(s) over the reasonableness and amount of the fees and/or costs sought by the attorney lienholder(s). The resolution of the Dispute will also take into account any other matter relating to attorney’s fees and costs the Court determines are necessary to ensure that your rights and the attorney lienholder’s rights are protected, including the extent of any other attorney’s fees and costs to be paid out of your Award.
The Court entered a September 21, 2023 Order referring attorney lien disputes to the Special Masters and a September 27, 2023 Order adopting the Rules Governing Attorneys’ Liens, which you can find on the official website at
www.NFLConcussionSettlement.com under the Documents menu option, Governing Rules. Click
here to view the Rules Governing Attorneys’ Liens.
If you do not consent to an Attorney’s’ Lien, the Claims Administrator will issue to the Parties a Notice of Duty to Resolve Lien Dispute. This Notice is intended to prompt discussions between the Parties in the hope they will reach their own resolution. If the Parties do not reach an agreement to resolve the lien dispute, the Claims Administrator will refer the Dispute to Professor David Hoffman, or another Special Master, pursuant to the Court’s September 21, 2021 Order.
The Parties to an Attorneys’ Lien Dispute are your lawyer or you, if you are unrepresented, and any attorney lienholder(s). The Claims Administrator is not a Party to the Dispute.
If the Parties do not reach an agreement to resolve the dispute, the Attorneys’ Lien Dispute will be referred to Professor David Hoffman, or another Special Master, who will prepare a Report an Recommendation for the Court. The Special Master may order a hearing. The District Judge will enter a final decision based on the Report and Recommendation from the Special Master and any objections from the Parties.
Yes. The Claims Administrator will send a Notice of Duty to Resolve Lien Dispute to you and the attorney lienholder, and this Notice is intended to prompt discussions between the Parties in the hope they will reach their own resolution. The Special Master is available if the Parties want to participate in voluntary mediation. If the Parties reach an agreement before a Report and Recommendation is filed, they may “withdraw” their dispute by submitting a Withdrawal Form to the Claims Administrator. Click
here for the FAQ on how to withdraw a Dispute from the Attorneys’ Liens dispute resolution process.
All Parties who have access to the Portal must upload their submissions to the Portal, by clicking the Upload feature located under the Attorneys’ Lien Dispute section on the home screen of their online Portal. Anyone who does not use the Portal must submit their Notice of Attorneys’ Lien through hard copy by mail or delivery to the following addresses:
(a) Mail to NFL Concussion Settlement, Claims Administrator, P.O. Box 25369, Richmond,
VA 23260, ATTN: NFL Liens; or
(b) Delivery by overnight carrier to NFL Concussion Settlement, c/o BrownGreer PLC, 250 Rocketts Way, Richmond, VA 23231, ATTN: NFL Liens.
To safeguard confidentiality, materials may not be submitted by email.
If the Parties reach a resolution of their lien dispute before the Special Master has filed a Report and Recommendation, they may submit a Withdrawal of Attorneys’ Lien Dispute form (“Withdrawal”), and the dispute process will have concluded. Click
here for the FAQ on how to withdraw a Dispute from the Attorneys’ Liens dispute resolution process.
If the Parties do not submit a Withdrawal, you will need to submit a Statement of Dispute and a Response Memorandum as discussed below. The Claims Administrator will send you a Schedule of Document Submissions setting deadlines for the submissions.
A Party who is an attorney must submit a retainer agreement signed by the Settlement Class Member and a Statement of Attorneys’ Fees and Costs. Click
here for the Statement of Attorneys’ Fees and Costs.
Any Party who is an attorney asserting a claim for the reimbursement of litigation costs advanced by the attorney must submit an itemized statement of the costs and proof they have paid any costs exceeding $50, such as paid receipts, invoices, or canceled checks.
A Statement of Dispute is the written information about the Dispute submitted by each Party. Each Party must submit a Statement of Dispute within 30 days after the date of the Schedule of Document Submissions.
If you are represented, your current lawyer must submit a Statement of Dispute that includes:
(a) A statement of all issues in dispute;
(b) A statement of which state’s substantive lien law should apply to this dispute and why, and how that state’s substantive lien law applies to the issues in the dispute;
(c) A statement explaining why the amounts of the asserted costs are reasonable and how such costs directly supported the Qualifying Diagnosis;
(d) A statement describing the quality of the attorney’s work for the Settlement Class Member and how the attorney’s efforts substantially contributed to the Monetary Award;
(e) A chronology of the tasks performed by the attorney, the date each task was performed, and the time spent on each task;
(f) An itemized list of costs incurred on behalf of the Settlement Class Member along with a detailed explanation of the purpose of incurring these costs, the name of the provider, the date the costs were incurred, and proof that the attorney paid these costs;
(g) The relief sought;
(h) Any exhibits;
(i) A copy of his or her retainer agreement signed by the Settlement Class Member;
(j) Any modifications to that agreement;
(k) A signed copy of the Statement of Fees and Costs; (click here for the Statement of Attorneys’ Fees and Costs); and
(l) A Sworn Statement: Attorneys’ Lien Statement of Dispute Verification Form, signed by your lawyer declaring under penalty of perjury pursuant to 28 U.S.C. § 1746 that the information submitted in the Statement of Dispute is true and accurate to the best of your knowledge and that you understand that false statements made in connection with this process may result in fines, sanctions, and/or any other remedy available by law. Click here for the Sworn Statement: Attorneys' Lien Statement of Dispute Verification Form.
If you are not represented, you must submit to the Claims Administrator a Statement of Dispute that:
(a) Explains your best understanding of the issues;
(b) Includes any information that you believe would be useful to the Special Master about the work performed by the attorney lienholder, any suggested resolution, and any documents or exhibits you want the Special Master to consider; and
(c) Includes a Sworn Statement: Verification Form for Unrepresented Players Submitting an Attorneys’ Lien Statement of Dispute, signed by you declaring under penalty of perjury that the information submitted in the Statement of Dispute is true and accurate to the best of your knowledge and that you understand that false statements may result in fines, sanctions, and/or any other remedy available by law. Click here for the Sworn Statement: Verification Form for Unrepresented Players Submitting an Attorneys’ Lien Statement of Dispute.
A Response Memorandum is each Party’s written submission responding to the opposing Party’s Statement of Dispute. Each Party may submit a Response Memorandum within 15 days after the date the Claims Administrator notifies them the other Party has submitted a Statement of Dispute. After a Response Memorandum has been submitted, a Party may not provide any further submissions unless requested by or approved by the Special Master. A request to include supplemental submissions in the Dispute Record must be made in writing to the Claims Administrator.
Your Response Memorandum must contain a Sworn Statement: Attorneys’ Lien Statement of Dispute Verification Form if you are represented or a Sworn Statement: Verification Form for Unrepresented Players Submitting an Attorneys’ Lien Statement of Dispute if you are not represented, signed by you or your attorney declaring under penalty of perjury pursuant to 28 U.S.C. § 1746 that the information submitted in the Response Memorandum is true and accurate to the best of your knowledge and that you understand that false statements made in connection with this process may result in fines, sanctions, and/or any other remedy available by law. Click here for the Sworn Statement: Attorneys’ Lien Statement of Dispute Verification Form and here for the Sworn Statement: Verification Form for Unrepresented Players Submitting an Attorneys’ Lien Statement of Dispute.
If the opposing Party fails to submit a Statement of Dispute, you may not file a Response Memorandum unless the Special Master requests it.
Any deadline imposed by these Rules may be extended (1) by the Special Master in his or her discretion or (2) by the agreement of the Parties to the Dispute, if approved by the Special Master. Any party seeking an extension of time from the Special Master must:
(a) Make the extension request before the deadline for any filing or response expires. However, requests made after the deadline may be considered for extenuating circumstances that may merit post-facto extensions at the discretion of the Claims Administrator, and the Parties will have an opportunity to provide their position on whether the specific factual circumstances merit such an extension;
(b) Notify the other Parties to the Dispute of the extension requested and determine if they consent or object to the request;
(c) Make the request to the Claims Administrator, stating;
(1) the deadline for which an extension is requested;
(2) the duration of the extension requested;
(3) the deadline date before any extension and the extended deadline date requested;
(4) that the requesting party has conferred with the other Parties to the Dispute and whether they consent of object to the request; and
(5) the grounds for the request.
If an extension is granted, further extensions to the same party for the same deadline and/or on the same issue are not likely to be granted. The fact that another party has been granted an extension is not alone sufficient grounds for an extension for other parties.
The Special Master may order a hearing if he believes it would aid his decision making. If the Special Master orders a hearing, he will determine if the hearing will be in-person, by video conference, or by telephone conference.
The Claims Administrator will notify you if the Special Master orders a hearing and will provide you a Hearing Schedule.
Yes. If you or your lawyer, if you are represented, reach an agreement with the attorney lienholder at any time before the Special Master has filed a Report and Recommendation, you may withdraw the Dispute from this process. Click
here for the Withdrawal of Attorneys’ Lien Dispute form.
If the Parties reach an agreement to resolve the Dispute before the Special Master has filed a Report and Recommendation, they must submit a Withdrawal of Attorneys’ Lien Dispute Form to the Claims Administrator. All Parties to the Dispute must sign and submit the Withdrawal Form, which includes the following:
(a) A statement of the allocation of the attorneys’ fees and reasonable costs between the Parties, which must be consistent with the Presumptive Fee Cap unless a Petition for Deviation upward was timely filed;
(b) An itemized statement of reasonable costs from the current attorney for the Settlement Class Member, if represented, with an itemized list of those costs including a brief explanation of the date of the costs and their purpose, the date the cost was incurred, and the name of the provider, and proof of payment for all costs exceeding $50;
(c) A statement of the attorney lienholder’s reasonable costs, if costs were asserted as part of the Lien, with an itemized list of those costs including a brief explanation of the purpose of incurring the costs, the date the cost was incurred, and the name of the provider, and proof of payment for all costs exceeding $50;
(d) A statement of how each Party will allocate responsibility for the 1% deduction for common benefit fees, and a statement allocating any potential future refund of common benefit fees between the Parties; and
(e) The signature of all Parties submitting the Withdrawal, using an original wet ink signature, a PDF or other electronic image of an actual signature, or an electronic signature. The current attorney may sign on behalf of the Settlement Class Member
Click
here for a Withdrawal of Attorneys’ Lien Dispute form to be completed by all Parties.
The Claims Administrator will provide you with a copy of the Report and Recommendation.
Yes. You or the lienholder may file an objection within 20 days, and the other party may file a reply to an objection within 20 days thereafter. Objections and replies are limited to 10 pages in length.
The Claims Administrator will transmit the complete record to the Court for a final decision after the deadline to submit an objection or reply objection has passed, and the Court will make the final decision.
Yes. Any Party may appeal the final decision.
After any timely appeals are resolved, the Claims Administrator will disburse the withheld funds in accordance with the final decision, the provisions of the Settlement Agreement, and prior Court orders regarding implementation.
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Kind of Lien |
Lien Payment |
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1. |
Medical Liens |
If you consent to the final Lien amount, or the Lien cannot be disputed*, the Lien Resolution Administrator will pay the final Lien amount to the lienholder out of your Award.
If you dispute the final Lien amount, payment will not be requested by the Lien Resolution Administrator until the dispute is resolved either by the Lien Resolution Administrator or by you (or, if you are represented, your lawyer) if you chose to resolve the Medical Lien yourself.
*Note: Medicare A/B Liens against Level 1.5 Neurocognitive Impairment and Level 2 Neurocognitive Impairment Monetary Awards (both of which are subject to a pre-negotiated global repayment amount) cannot be disputed. |
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2. |
Attorneys’ Liens |
If you consent to the Lien, the Claims Administrator will deduct the Lien amount from your Award. The amount the Claims Administrator has to deduct from your Award to pay an Attorney's' Lien is based on the contract or agreement you signed with that lawyer and any orders of the Court that affect attorneys’ fees and costs in this Settlement Program.
If you dispute the Lien, the Claims Administrator will hold the Lien amount until one of the following things happens:
(1) The Parties submit a Withdrawal of Attorney’s’ Lien Dispute form signed by both the Settlement Class Member and the attorney lienholder specifying the distribution of the withheld funds; or
(2) The Court overseeing the Settlement Program enters a final decision determining the amount, if any, to be paid to the attorney lienholder. |
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3. |
Other Liens |
If you consent to the Lien, the Claims Administrator will deduct the Lien amount from your Award and will pay the Lien amount to the lienholder.
If you dispute the Lien, the Claims Administrator will hold the Lien amount until one of the following things happens:
(1) The lienholder tells the Claims Administrator that you no longer owe the money;
(2) You and the lienholder send the Claims Administrator a signed, written agreement telling the Claims Administrator how to pay the withheld money; or
(3) The Claims Administrator receives a copy of a final decision from the applicable federal or state agency or court determining the current amount of the Lien to be paid. |
If the Award amount is not enough to pay all Liens in full, Liens will be paid in this order until the Award amount is used up, unless in a particular claim a different resolution method is agreed upon:
1. Medicare Program (Parts A / B) and Medicare Part C and Part D Program Sponsors;
2. Other Governmental Payor Liens, such as the Department of Veterans Affairs (“VA”) TRICARE and Indian Health Services (“IHS");
3. Medicaid;
4. Self-funded ERISA plans; and
5. Attorneys’ Liens; and then
6. Other Liens and private healthcare insurer Liens according to a “first in time, first in right” policy in the date order in which the debt was perfected with, or recognized by, the applicable court or agency.
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Kind of Lien |
Notice |
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1. |
Medical Liens |
The Lien Resolution Administrator will issue a payment report to the Claims Administrator. |
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2. |
Attorneys’ Liens |
The Claims Administrator will issue a Notice of Lien Payment to you. The notice will include the date of the Lien payment, the lienholder and the amount of the payment. |
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3. |
Other Liens |