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ERISA Subrogation, Health Care, Long Term Disability and Other ERISA Benefits Workshop


Presented by
Eric Buchanan, Eric Buchanan & Associates, PLLC, Chattanooga, Tennessee
David H. Abney II, Attorney at Law, Frankfort, Kentucky

Friday, May 3, 2019
Embassy Suites, 1040 "P" St., Lincoln

Approved for Nebraska & Iowa MCLE Credit, 5.25 hours including 1 hour of ethics.
Nebraska Activity # 173146; Iowa Activity #317839

Program Co-chairs:

Rod Rehm, Rehm, Bennett, Moore, Rehm & Ockander, PC, LLO, Lincoln
Brock Wurl, Paloucek, Herman & Wurl Law Office, North Platte


7: 45 a.m.               
Registration. Continental Breakfast


8:15 – 8:30 a.m.   
Opening Remarks
Rod Rehm, Rehm, Bennett, Moore, Rehm & Ockander, PC, LLO, Lincoln
Brock Wurl, Paloucek, Herman & Wurl, North Platte

8:30 – 9:45 a.m.             
Introduction, Overview & Update of ERISA Subrogation/Reimbursement in the Supreme Court and Under Federal Law

9:45 – 10:30 a.m.      
How to Find Out the Rules of the Game in an ERISA Subrogation Claim

10:30 – 10:45 a.m.      

10:45 – 11:30 a.m.    
Introduction to ERISA Long Term Disability Claims and Other ERISA Welfare Benefits: How to Fight to Get Your Client the Benefits Owed

11:30 a.m. – Noon        
ERISA Preemption: So How Do You Tell if Your Client’s Insurance Policy is Really Preempted by ERISA?

Noon – 1:00 p.m.
LUNCH on Your Own


1:00 – 2:00             
Update on ERISA Claims Regulations That Apply to ERISA Benefits Such as Long Term Disability, Life Insurance, and Health Insurance Claims.  What Rules Do the Insurance Companies Need to Follow?

2:00 – 3:00             
The Fundamental Rules & Ethics of ERISA Subrogation & Reimbursement Claims

Bonus Paper Included in Materials: A Step-By-Step Approach to ERISA Subrogation and Top 10 Mistakes Personal Injury Attorneys Make Dealing with ERISA Subrogation Claims


Eric Buchanan, Eric Buchanan & Associates, PLLC, Chattanooga, Tennessee, represents disabled people and other policyholders across the United States in both ERISA and non-ERISA disputes, focusing primarily in the areas of disability, life, and health insurance. He regularly teaches other attorneys about ERISA, disability law, social security law, and similar types of insurance law, and has spoken at numerous national conferences, including the American Association for Justice conventions, the National Organization of Social Security Representatives, National Disability Conference, the national  AAJ Social Security Disability Conference, and the American Conference Institute annual disability insurance seminar.  Mr. Buchanan is a leader in the disability and insurance trial bar. He served as President of the Tennessee Association for Justice,  2015 – 2016. He is also past-chair of the AAJ Social Security Disability Section and the AAJ ERISA Health and Disability Litigation Group. Mr. Buchanan has been chair of the Tennessee Bar Association’s Disability Section, and is a past-president of the Chattanooga Trial Lawyers. In 2007, he was Certified as a Social Security Disability Specialist by the National Board of Trial Advocates.  He represents disabled people before the Social Security Administration, having represented approximately 1,150 people in Social Security hearings, and represented hundreds of people in federal court lawsuits involving Social Security and ERISA disputes.

David H. Abney II, Attorney at Law, Frankfort, Kentucky, built his law practice on the philosophy that tort victim’s settlement proceeds should not be eaten up by healthcare subrogation and reimbursement claims.  He has resolved thousands of subrogation claims over the past decade cultivating extensive experience with ERISA, Medicare and Medicaid reimbursement claims in all federal circuits, enabling him to establish a nationwide client base. Before establishing his own practice, he served as associate general counsel to the largest post-payment healthcare recovery vendor in the United States.  Mr. Abney has written numerous articles and lectured extensively on the topics of ERISA, Medicare, Medicaid, and other types of healthcare subrogation and reimbursement issues and contributed to the 2005, 2006, and 2007 versions of The National Subrogation Law Manual. He Is a member of the American Association of Justice and the Kentucky Justice Association where he serves on the Board of Governors.


The registration fee is $250.00 for non-members. The discounted registration fee for NATA members is $195.00.  The seminar registration fee includes electronic course materials and all lectures, continental breakfast, breaks, and payment for registrants’ Nebraska MCLE credit. 

SEMINAR MATERIALS: The written materials for NATA’s seminar will be in electronic format, and will be available on NATA’s website prior to the seminar.  A link to the materials will be e mailed 3-4 days in advance of the seminar to all those who pre-registered.   In addition, the materials will be distributed to registrants on flash drives at the seminar.  Wireless Internet is available at the seminar so that materials can be viewed online.  We encourage registrants to bring their laptops or iPads.

MANDATORY CLE: NATA is an accredited sponsor under the regulations of the Nebraska, Iowa and Colorado Supreme Court Boards of Continuing Legal Education.  This seminar has been approved for Nebraska and Iowa MCLE credit for 5.25 hours of MCLE credit, including 1 hour of ethics. Nebraska Activity #.  Iowa Activity #317839

TAX DEDUCTION: Educational expenses, including registration fees, hotel and travel expenses are deductible if the course aids or improves in maintaining educational skills. (See Treasury reg. 1-162-5)


Join NATA now and pay a special new member seminar registration fee of $170.00. Dues paid now apply to a full year of membership. Join Now







Embassy Suites Downtown Lincoln

The Embassy Suites is located on the corner of 10th & P Streets.  From I-80: Take the downtown exit onto I-180 South. Proceed to P Street and turn left. (East). From Highway 77N: Make a right on Capitol Pkwy, which becomes K street. Turn left onto 10th street and proceed 5 blocks down. From Highway 77S: Turn right onto Cornhusker HWY. Make a left onto 27th. Head South on 27th to O Street and make a right. Make a right on 10th street and proceed until you reach P Street.



A block of rooms has been reserved at the Embassy Suites for Thursday night, May 2, 2019. The special room rate of $134 per night will be available until April 11th or until the group block is sold-out, whichever comes first. Reservations can be made by calling the Embassy Suites at (402) 474-1111. Please ask for the 2019 NATA Seminar block.  The group code is ATA. Reservations can be made online at http://embassysuites.hilton.com/en/es/groups/personalized/L/LNKESES-ATA-20190502/index.jhtml


Summit Structured Settlements

The Centers
Cancellation Policy


Refunds in full will be made if cancellations are received by April 26, 2019. After that date there will be an administrative fee charged for late cancellation.