By Guest Author, Evelynn Passino, J.D. – Executive Director of Settlement Solutions National Pooled Trust If your client has public benefits, you have probably identified that there could be injury-related liens which must be addressed, or the need for a Medicare Set-Aside, but that is…
By Guest Author Rasa Fumagalli, J.D., MSCC, CMSP-F – Director of MSP Compliance Services Medicare Secondary Payer (MSP) compliance settlement terms utilized by defendants are often overly broad in nature. The recent opinion, Kupolati v. Village of Timber Creek Association, 2021 N.J. Super. Unpub. LEXIS…
By Guest Author, Anthony F. Prieto, CFP(R) President of Synergy Settlement Services Trial lawyers have been deferring fees into structured settlement products dating back to the early 1990s. The IRS challenged fee structure arrangements in Childs v. Commissioner.[1] In this seminal 1994 tax case, the…
By Guest Author, Evelynn Passino, J.D. – Executive Director of Settlement Solutions National Pooled Trust At its most basic, a Qualified Settlement Fund (“QSF” or “468B trust”) is a temporary holding tank for settlement funds. Its purpose is to allow both parties to wrap up…
By Guest Author Rasa Fumagalli, J.D., MSCC, CMSP-F – Director of MSP Compliance Services Medicare Secondary Payer compliance issues in workers’ compensation cases are generally straightforward when the parties seek review of the Workers’ Compensation Medicare Set-Aside (WCMSA) proposal and proposed settlement by the Centers…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services The dreaded ERISA lien. The vendors representing ERISA self-funded health plans’ interests certainly want you to believe that it must be reimbursed in full. They will cite the US Airways…
By Guest Author, Evelynn Passino, J.D. – Executive Director of Settlement Solutions National Pooled Trust If you have a client on government benefits, you probably already identified the need for a special needs trust (SNT), but helping your client translate that need into a solution…
By Guest Author, Evelynn Passino, J.D. – Executive Director of Settlement Solutions National Pooled Trust Clients with public benefits often face a conundrum as their case settles: after years of litigation, they are finally receiving funds which they desperately need, but receipt of those funds…
By Guest Author Rasa Fumagalli, J.D., MSCC, CMSP-F – Director of MSP Compliance Services Personal injury settlements involving Medicare beneficiaries will often have conditional payment claims by Medicare and/or Part C plan liens. Since accurate and complete information regarding Medicare’s payments may be unavailable during…
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC The following is adapted from The Art of Settlement. The Medicare program—and the related Social Security Disability Income/Retirement benefit (SSDI)—is one of the primary benefit programs available to those who are injured and disabled. Understanding the basics…
