Providing for a Disabled Claimant’s Future

The cost of a client losing government benefits can be very high, often in the hundreds of thousands or even millions of dollars. From a risk management standpoint, it is wise to ensure that all possible options for settlement distribution as well as the implications of a plaintiff accepting a cash settlement are examined up […]

Settlement Options for Minors: Case Examples

When handling a minor’s case, contact Traci Kaas early in the process to explore the settlement options. Courts favor a conservative approach that protects the funds until the minor reaches the age of majority. Because a minor cannot own an investment, traditional financial vehicles such as 529 plans and mutual fund accounts are off the […]

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 […]

Are You Failing to Retain your Own Settlement Planning Expert?

When it comes to settlement, each side should engage their own experts. The claimant is entitled to representation by a plaintiff-loyal settlement professional, rather than relying solely on a defense broker engaged by the liability insurer or self-insured defendant. Most defense brokers have alliances with the liability insurer, meaning they have a conflict of interest […]

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 […]

The Top 5 Reasons to Consider a Structured Settlement

It can be overwhelming to accept settlement proceeds as the result of a personal injury, workers’ compensation, or wrongful death case. The money is often more than most people have handled at one time and in many cases, the claimant may not know what to do with it. It is important to work with a […]

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 […]