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CLAIMS ASSASSINS

ANALYSIS  |  April 2026

Attorney-Signed IDR vs. Billing Department: Why the Distinction Matters

By Eliott Dear, Esq.

There is a difference between a billing department sending a form and an attorney signing a petition. Both challenge an insurance payment determination. But the weight is different.

What a Billing Department Does

A billing department fills out forms. They submit what they are told to submit, using templates and standard codes. The dispute goes into the system as one of thousands, processed at volume.

There is no legal analysis of the plan. No classification of whether the plan is fully insured or self-funded under ERISA. No jurisdictional benchmarking. No strategic positioning based on precedent.

What an Attorney-Signed Filing Does

An attorney-signed IDR filing begins with legal analysis. The plan document is reviewed to determine regulatory jurisdiction—is this a fully insured plan subject to state law, or a self-funded ERISA plan subject to federal law? The answer determines which forum, which benchmarks, and which procedural rules apply.

The filing includes jurisdictional benchmarking. In New York, that means FAIR Health 80th percentile data. In New Jersey, it means positioning against the 5.7x market rate settlement pattern. In Texas, it means the dual benchmark of 80th percentile billed charges plus 50th percentile allowed amounts.

The filing is signed by a licensed attorney who is accountable for its contents. This is not a form letter. It is a legal petition.

Why It Matters for Five and Six-Figure Claims

For routine office visits, the distinction may not move the needle. But for non-participating surgeons disputing five-figure and six-figure claims, the quality of the filing directly affects the outcome.

An arbitrator reviewing a dispute sees two submissions. One is a standard form with CPT codes and billed amounts. The other includes legal analysis of plan classification, state-specific benchmark data, and an attorney attestation. The second submission gets different treatment.

The Claims Assassins Approach

Every IDR filing from Claims Assassins is attorney-signed. Every filing includes plan classification analysis, ERISA screening, state benchmark data, and strategic positioning. The fee is 10% of the improvement—not 10% of the total, 10% of the delta between what the insurer offered and what the IDR awards.

No improvement means no fee. That is accountability built into the economics.

Test it with one claim.

Send one EOB from a fully insured plan. No contract required.

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Eliott Dear is a New York-licensed attorney and CEO of Claims Assassins. Fordham Law School. Formerly Clifford Chance LLP.