Liens - Information for Lienholders
To provide notice of a valid Medical Lien, a lienholder must notify the Claims Administrator or the Lien Resolution Administrator by:
(a) Email to ClaimsAdministrator@NFLConcussionSettlement.com, using a secure and encrypted method, and include “ATTN: NFL Liens” in the subject line;
(b) Mail to NFL Concussion Settlement, Claims Administrator, P.O. Box 25369, Richmond, VA 23260, ATTN: NFL Liens;
(c) Delivery by overnight carrier to NFL Concussion Settlement, c/o BrownGreer PLC, 250 Rocketts Way, Richmond, VA 23231, ATTN: NFL Liens; or
(d) Fax to (804) 521-7299, ATTN: NFL Liens.
To assert an Attorneys’ Lien, attorneys are to submit an Attorneys’ Lien Assertion Form (Notice of Attorneys’ Lien) on their Portal. Click
here for the Attorneys’ Lien Assertion Form (Notice of Attorneys’ Lien). 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 provide notice of a valid, Child Support Lien, Tax Lien, or Judgment Lien, a lienholder must notify the Claims Administrator by:
(b) Mail to NFL Concussion Settlement, Claims Administrator, P.O. Box 25369, Richmond, VA 23260, ATTN: NFL Liens;
(c) Delivery by overnight carrier to NFL Concussion Settlement, c/o BrownGreer PLC, 250 Rocketts Way, Richmond, VA 23231, ATTN: NFL Liens; or
(d) Fax to (804) 521-7299, ATTN: NFL Liens.
Child support agencies can provide a mass Income Withholding Order to the Claims Administrator, accompanied by a data file with the name and tax identification number of the persons who owe child support debts in the respective state to provide notice of Child Support Liens.
If you are the 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.
The Lien Resolution Administrator sends information about Settlement Class Members to governmental health insurers to identify governmental Medical Liens as required by the Settlement Agreement. If you are a governmental health insurer and have questions about this process, please contact the Lien Resolution Administrator by calling 1-855-887-3485 or emailing NFLLiens@epiqglobal.com.
A private healthcare insurer must submit the following information to the Claims Administrator or Lien Resolution Administrator:
(a) Information to identify the Retired NFL Football Player or Derivative Claimant who is alleged to owe the Lien (such as Settlement Class Member’s full name, Social Security Number, or Settlement Program ID);
(b) Health plan name;
(c) Health plan type; and
(d) Complete list of claims and payments comprising the alleged Lien.
The next step in the process will depend on the nature of the repayment obligation, if any, under the plan documents.
A lienholder must submit the following information to the Claims Administrator:
(a) Information to identify the Retired NFL Football Player or Derivative Claimant who is alleged to owe the debt (such as the Settlement Class Member’s full name, date of birth, Social Security Number, Taxpayer Identification Number, Foreign Identification Number, or Settlement Program ID);
(b) The amount or percentage of attorneys' fees asserted by the lienholder;
(c) The dollar amount of the lawyer's costs if the lawyer is seeking reimbursement of costs;
(d) A copy of the lienholder's retainer agreement signed by the Settlement Class Member;
(e) 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
(f) Proof of that the lienholder has paid the costs for all costs exceeding $50, such as paid receipts, invoices, or cancelled checks.
The Claims Administrator will issue a notice to the lienholder's Portal to acknowledge receipt of the assertion and inform the lienholder if it needs further information or documentation about the Lien.
To honor the Lien, the Claims Administrator must receive complete claimant-identifying information and documentary proof before it begins the process to pay the affected Settlement Class Member.
The attorney lienholder must file the Notice of Attorneys’ Lien before the date the disbursement list containing the Settlement Class Member’s Award is finalized and sent to the NFL Parties for approval. Failure to submit the Notice before this deadline will result in the waiver of the Attorney Lienholder’s right to assert an Attorneys’ Lien or seek costs against that Settlement Class Member’s award. Liens that were previously asserted on the Court’s MDL docket will satisfy this Rule if they complied with the procedure in place when filed.
A lienholder must submit the following information to the Claims Administrator:
(a) Information to identify the Retired NFL Football Player or Derivative Claimant who is alleged to owe the debt (such as the Settlement Class Member’s full name, date of birth, Social Security Number, Taxpayer Identification Number, Foreign Identification Number, or Settlement Program ID);
(b) The amount of the debt; and
(c) Documents establishing that there is a legal obligation to withhold payment of all or part of a Monetary Award, Supplemental Monetary Award, or Derivative Claimant Award to a Settlement Class Member under applicable federal or state law. The required documents vary depending on the type of Lien:
(1) Child Support Liens: An individual Income Withholding Order, a Notice of Income Assignment, or a substantially similar document from the appropriate federal or state child support agency or court establishing the current child support debt.
(2) Tax Liens: A Notice of Levy, a Notice of Freeze, or a substantially similar document from the federal, state, or local tax agency establishing the current amount of the tax debt.
(3) Judgment Liens: A copy of a file-stamped final judgment establishing the debt under applicable federal or state law.
The Claims Administrator will review the information and send the lienholder an email or a letter to acknowledge receipt of the assertion, confirm the lienholder’s contact information and inform the lienholder if it needs further information or documentation about the Lien.
To honor the Lien, the Claims Administrator must receive complete claimant-identifying information and documentary proof before it begins the process to pay the affected Settlement Class Member.
The Claims Administrator will place a hold on an appropriate portion of any payment(s) that may be made to the affected Settlement Class Member.
Depending on the Lien type, the Settlement Class Member (or, if represented, his or her lawyer) may have the option to challenge the proposed Medical Lien amount and seek to reduce it. If the Settlement Class Member disputes a Medical Lien, the Lien Resolution Administrator will attempt to resolve the Lien with the lienholder.
In addition, the Lien Resolution Administrator will instruct the Claims Administrator to withhold an amount sufficient to satisfy the Medical Lien, to the extent funds are available, until the Claims Administrator receives either (1) confirmation of Lien resolution from the Lien Resolution Administrator or (2) similar documentation from the lienholder.
If the Lien Resolution Administrator is not able to resolve the dispute with the lienholder, it may seek additional assistance from the Court.
If the Settlement Class Member disputes or fails to consent to an Attorney’s’ Lien, when the Settlement Class Member becomes eligible for an award, the Claims Administrator will issue a Notice of Duty to Resolve Lien Dispute to the Settlement Class Member and the attorney lienholder. 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 Claims Administrator will withhold adequate funds from the SCM’s Award to pay the unresolved lien, as well as the fees and/or costs of any current attorney, in accordance with the Presumptive Fee Cap, to the extent funds are available, and until the Dispute is resolved.
If the Settlement Class Member disputes or fails to consent to a Child Support Lien, Tax Lien, or Judgment Lien, the Claims Administrator withholds an amount sufficient to satisfy the Other Lien, to the extent funds are available, until receiving either: (1) notice of satisfaction and discharge of the Lien from the lienholder; (2) a written agreement signed by both parties specifying the distribution of the withheld funds; or (3) a copy of a final decision from the applicable federal or state agency or court determining the amount, if any, to be paid to the lienholder.
A Dispute over an Attorneys’ Lien is any disagreement between the current attorney on behalf of the represented Settlement Class Member or an unrepresented Settlement Class Member on his or her own behalf, and any 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 the Settlement Class Member’s and the attorney lienholder’s rights are protected, including the extent of any other attorney’s fees and costs to be paid out of the 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 Governing Documents menu option, Governing Rules. Click
here to view the Rules Governing Attorneys’ Liens.
If a Settlement Class Member disputes or fails to 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 the current attorney on behalf of the represented Settlement Class Member or an unrepresented Settlement Class Member on his or her own behalf, 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 and 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 the Parties, 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 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.
As an attorney lienholder, your Statement of Dispute must include:
(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 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 cost, the name of the provider, the date the costs were incurred, and proof that the attorney has 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. This statement must be signed by you and declares 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.
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. The statement must be signed by you and declares 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.
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 positions 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 or 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 and the date each was incurred, 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 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.