by Thomas D. Begley, Jr., CELA For many years a debate has raged as to whether Medicare’s interests must be considered with respect to future medical payments in the context of a third party liability settlement (“TPLS”). The issue is…
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MEDICARE SET-ASIDE ARRANGEMENTS IN SPECIAL NEEDS TRUSTS
by Thomas D. Begley, Jr., CELA Countable Asset for SSI and Medicaid A question arises as to whether assets held in an MSA are countable for SSI and Medicaid purposes. This has been addressed by CMS in the WC…
ADVANTAGES AND DISADVANTAGES OF STRUCTURED SETTLEMENTS
by Thomas D. Begley, Jr., Esquire, CELA Advantages of Structured Settlements There are a number of potential benefits to an injured plaintiff in utilizing a structured settlement: Fiscal Restraint. The structured settlement prevents the injured plaintiff from squandering the settlement.…
WHAT IS A SPECIAL NEEDS TRUST? WHEN IS IT NEEDED IN A PERSONAL INJURY CASE AND HOW DOES IT OPERATE?
Frequently, in the settlement of a personal injury case the plaintiff is receiving a large settlement. Often, the same plaintiff has significant financial and medical needs that can be met through public benefits. The purpose of a Special Needs Trust…
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