By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC Imagine you just settled a personal injury case for John Doe, who is married to Jane. John has a significant brain injury and there are questions of competency. John was injured on the job but had a…
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6 Real-World Considerations for Advanced Settlement Planning
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC The following is adapted from The Art of Settlement. Jan Smith was the victim of medical malpractice at a hospital. Jan was in her early forties when she decided to have elective surgery on her back for…
Liability Medicare Set-Asides: Where are we today?
By Guest Author Rasa Fumagalli, J.D., MSCC, CMSP-F – Director of MSP Compliance Services The Centers for Medicare and Medicaid Services (CMS) has been slow in providing detailed guidance in the area of liability settlements that include compensation for future medicals. To date, the guidance…
What is a Medical Management Trust and Why Would my Client Want One?
By Guest Author, Evelynn Passino, J.D. – Executive Director of Pooled Trust Services Helping a client plan for their post-settlement life can be complicated, especially if they have significant future medical expenses. Whether your client struggles with managing money or just wants the peace of…
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Discussing the Workers’ Compensation Medicare Set-Aside with your Client
By Guest Author Rasa Fumagalli, J.D., MSCC, CMSP-F – Director of MSP Compliance Services By now, most workers’ compensation practitioners are familiar with the Centers for Medicare & Medicaid Services (CMS) voluntary review process involving Workers’ Compensation Medicare Set-Aside Arrangements (WCMSA). CMS is currently willing…
How to Use a Special Needs Trust to Preserve Benefits Eligibility for Disabled Injury Victims
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC The following is adapted from The Art of Settlement. John Doe was a laborer since age eighteen, but when he was thirty, he was severely injured and became paralyzed. John didn’t have health insurance at the time…
What is a Medicare Set-Aside?
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC The following is adapted from The Art of Settlement. For many years, personal injury cases have been resolved without consideration of Medicare’s secondary payer status even though since 1980 all forms of liability insurance have been primary…
Of Interest
What Happens When Someone Dies In A Detroit Car Accident?
When someone dies in a Detroit car accident, survivor’s loss benefits under Michigan’s auto No-Fault insurance law will provide financial support for the person’s surviving family and dependents. Pain and suffering damages and other economics damages may also be sought in a wrongful death lawsuit…
Shutdown Boredom? Do Some Good!
Coronavirus numbers are spiking, as predicted, and a new round of shutdowns is spreading across the country. Most of us are going to again find some extra time on our hands. Without football or basketball games, movies or concerts, hell, without our commute, there’s spare…
Are Aerosols Prime Driver of COVID Spread?
It may be difficult to remember a time before wearing masks became our new normal. More than six months into life with Covid-19, we have been conditioned to see masks and social distancing as our best defense. Study after study has found the combination to…
