By Thomas D. Begley, Jr., CELA This is the second in a series of articles dealing with lien resolution in personal injury cases. Medicare Advantage and Prescription Drug Plans Medicare Part C. commonly known as Medicare Advantage, is a Medicare substitute program…
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Qualified Settlement Funds
By Thomas D. Begley, Jr. WHAT IS A QUALIFIED SETTLEMENT FUND? 468B of the Internal Revenue Code[1] authorizes the establishment of Designated Settlement Funds or Qualified Settlement Funds. These funds are usually collectively referred to as Qualified Settlement Funds (QSFs).…
RESOLVING ERISA LIENS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Generally, employer-sponsored benefits plans are governed by the Employee Retirement Income Security Act of 1974, commonly referred to as ERISA.[1] However, certain employers and their benefits plans are not subject to ERISA. These include…
SETTLEMENT ALLOCATION IN NEW JERSEY WRONGFUL DEATH CASES
by Thomas D. Begley, Jr., Esquire, CELA When a defendant causes the death of another individual by a wrongful act or negligence, that person shall be liable for damages. There are two components of the claim. One is a Survival…
Tagged with: ERISA, Medicare, New Jersey, New Jersey Intestacy, New Jersey Intestate, Survival Claim, Wrongful Death Claim
PROTECTING YOUR ASSETS FROM CREDITORS: ARE YOU BULLET-PROOF? PART 1
[This article was originally printed in the Barrister, a publication of the Camden County Bar Association in November, 2014.] Many business and professional people, including lawyers, have worked a long time and accumulated significant assets. There is an old saying:…
Tagged with: ERISA, Federal Bankruptcy Act, INSURANCE, IRA, Limited Liability Partnerships, LLC, Off Shore Trusts
DON’T LET LIENS UPSET YOUR PERSONAL INJURY SETTLEMENT
Article by Thomas D. Begley Jr. Unfortunately, many personal injury settlements come undone when liens have been discovered after the settlement has been agreed upon. Sometimes this is fixable, but often it is not. Here are some of the common…
The ACA and a Unique Interpretation of How ERISA May Apply
Recently, Employee Benefit News published an article by Craig J. Davidson, CEBS on how reducing employee hours may create an ERISA problem for employers. Essentially his argument states that employers will be reducing employees hours to to avoid setting up…
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