What is a Trigger Trust: and Why Should Some Claimants Consider One?

When settling a personal injury case, it is not uncommon for the claimant to have unclear expectations of the true impact that an injury will have on their long-term physical and financial well-being. Claimants who aren’t currently receiving needs-based government benefits may find themselves in need of financial assistance in the future—and out of luck…

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Is it Wise to Structure Non-Injury Settlements?

Structured settlements are typically associated with personal injury, wrongful death, and workers’ compensation settlements. The federal tax code permits income tax exclusion for structured settlements used in injury cases, but when it comes to non-injury settlements, are structures still a favorable option? Qualified Assignments vs. Non-Qualified Assignments When a claimant elects to place settlement proceeds…

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Can Structured Settlements Stand Up Against Traditional Investments?

There is a gross misconception that structured settlements offer rates of return well below market standards, precluding them from serving as a viable settlement option. In reality, rates of return on structured settlements are very much in line with rates offered by other fixed income investments. Structured settlements produce returns that are net of income…

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Does a Settlement Impact Disability Benefits?

  Disabled claimants may run into benefit issues when accepting proceeds from a personal injury settlement. The acceptance of a lump sum may render an individual ineligible for needs-based government benefits, while entitlement benefits remain intact. When it comes to disability benefits, which is which—and how can a claimant protect their eligibility? SSDI vs. SSI:…

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What is a Pooled Special Needs Trust- and is it the Right Option for Your Client?

If you are an attorney working with a disabled claimant, you’ll want to bring in a settlement planner to review your client’s options. When a disabled individual anticipates accepting proceeds from an injury settlement, certain steps must be taken to help the claimant maintain eligibility for needs-based government benefits (e.g., Medi-Cal, SSI) and preserve their…

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The New Liability MSA Policy: What You Need to Know

For years, plaintiff attorneys and settlement planning professionals have operated under a set of unclear assumptions when it came to liability settlements and future medicals for Medicare beneficiaries.  While the rules are still unclear, the Centers for Medicare and Medicaid Services (CMS) indicated that they are set to make some changes to Liability Medicare Set-Asides…

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Funding an MSA with a Structured Settlement: Here’s Why it’s a Smart Option

There are two main funding options when it comes to Medicare Set-Asides: funding with a lump sum or utilizing a structured settlement. A structured settlement can offer a financial advantage over a lump sum. Keep reading to learn why your clients may want to consider funding their Medicare Set-Asides with structured settlements. Settlements and Medicare…

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Is a Settlement Planner Necessary When Your Client Doesn’t Want to Structure?

A commonly held belief in the legal community is that settlement planners only provide structured settlement services. Unfortunately, that misconception can lead to missed opportunities to protect claimants’ long-term financial security. While we believe that structures are a valuable financial option for most personal injury settlements, not all cases will be the right fit for…

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