By Jason D. Lazarus Introduction Catastrophically injured individuals have unique needs when it comes time to settle their cases. A one-size-fits-all approach does not work given the complexities that are faced today upon resolution of a personal injury lawsuit. Consideration of how healthcare will be…
If you are confused by the myriad of government benefit programs that many clients receive as a result of being a personal injury victim, don’t worry as you are not alone. Most times personal injury victims are not sure either about the benefits they receive…
If your client is a minor, what happens after settlement can be just as important as what happened before. Several important decisions will need to be made in order to ensure the best outcome for the client. This article will take you through each step…
How to Close Cases Ethically & Compliantly for Disabled Clients Suffering even a moderate personal physical injury can create difficult challenges both financially and emotionally for even the strongest among us. However, what happens when someone suffers a serious or catastrophic personal physical injury causing…
How Settlement Trusts Protect Clients from Selling Structured Settlements for Pennies on the Dollar We’ve all seen the commercials. The ones with ear-worm jingles urging those with structured settlements not to wait for their money when they could have it all now! It sounds great…
Introduction The receipt of personal injury proceeds by someone who is disabled can cause ineligibility for means based tested government benefit programs. Medicaid[i] and SSI[ii] are two such programs. However, there are planning devices that can be utilized to preserve eligibility for those who have…
Introduction Some individuals are “dual eligible” meaning they qualify for both Medicaid and Medicare. In certain cases, a Medicare Set Aside/Special Needs Trust or Pooled Trust Sub-Account may be necessary to preserve the client’s dual eligibility. Medicare Set Asides are a device used to preserve…
There are two primary public benefit programs that are available to those that are injured and disabled. The first is the Medicaid program and the intertwined Supplemental Security Income benefit (“SSI”). The second is the Medicare program and the related Social Security Disability Income/Retirement benefit…
Cutting Through the Alphabet Soup of Public Benefits What happens when someone suffers a serious or catastrophic personal physical injury causing permanent disability? Do they get the proper counseling regarding the form of the settlement so as to protect their current assets, preserve public benefits…