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A person who has both Medicare and Medicaid is commonly referred to as being “dual-eligible.” If you have a client who is dual-eligible, there are special planning considerations which may need to be addressed to preserve all of their benefits post-settlement.
Medicare
Medicare is a benefit administered by the Centers for Medicare and Medicaid Services (CMS) to provide health insurance

May 6, 2021
Evelynn Passino, J.D.
Personal injury cases involving minors can be the most heartbreaking and presents difficult decisions about what to do with the settlement money. Unlike settlements involving adults, who have many choices when it comes to how and when they receive their money, minors do not have the same options.
 
Issues with Minor’s Settlements
Because

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 not where the inquiry ends. Closing out a personal injury case ethically and compliantly includes an analysis of the client’s benefits eligibility. This article will cover five things you should

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 the settlement at the speed that works for them while taking advantage of certain tax benefits.
Timing Benefits
When a case is settled, the defendant may want to issue payment

February 1, 2021
Helping Your Client Select a Special Needs 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 that will work for them long-term can be tricky. Not all trusts and trustees are cut from the

January 12, 2021
Evelynn Passino, J.D.
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 will cause them to lose public benefits which they also need. This is because some benefits, such as Supplemental Security Income (SSI), Medicaid, Supplemental

November 3, 2020
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 mind that funds are set-aside for their medical needs, a medical management trust can help them sleep better at night knowing money will be available

October 6, 2020
A Special Needs Trust (SNT) is a type of trust for people with disabilities which is authorized by federal law (42 USC § 1396(d)(4)(a-c)) to be exempt from being counted as a resource by Social Security, Medicaid, and other agencies which administer means-tested benefits. These trusts are often funded by personal injury recoveries, and in these situations

September 1, 2020
As a case comes to a close, personal injury victims often have plans for their settlement recovery. They might want to pay bills accumulated throughout the case, reimburse family members who helped them after their accident, seek additional medical treatment and therapies, travel, buy a home, buy a car…the list goes on. From time to time, our