Stay Informed: MSAs for Liability and Workers’ Comp Cases

Medicare Set-Asides serve as a glaring reminder that the legal sector must remain vigilant in its awareness and understanding of evolving government benefit guidelines. The following article discusses the current status of the Liability Medicare Set-Aside process and offers insight into existing Workers’ Compensation Medicare Set-Aside procedures. Current Status of Liability Medicare Set-Asides In 2017,…

Is a First Party Special Needs Trust Right for Your Client?

Disabled individuals who expect to receive settlement proceeds may need to consider placing the proceeds into a trust account to preserve assets, protect government benefit eligibility, and help ensure that their needs are being met. A First-Party Special Needs Trust (sometimes referred to as a “d4A trust,” as a nod to the section of federal…

Lump Sum vs. Structured Settlement: What’s the Better Choice?

  Claimants involved in personal injury, wrongful death, and workers’ compensation cases have multiple options for handling their proceeds. While some may believe that a lump sum cash payment is the ideal method of accepting the proceeds, it may be more beneficial to place all or a portion of the proceeds in a structured settlement…

Entitlement Benefits: What are They and Will a Settlement Impact Eligibility?

There is substantial confusion about what the word “entitlement” means in the context of government benefits. The following post breaks down which programs qualify as “entitlement benefits.” We’ll also examine the impact of a settlement on entitlement benefits. What do the words “entitlement benefit” mean? The word “entitlement,” when used to describe a certain group…

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…

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:…

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…

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…