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Medicare Set-Aside FAQs

By Patrick C. Farber On April 26, 2017 · 9:47 AM · Add Comment

By far, the most complicated aspect of a structured settlement involves Medicare-Set-Asides (MSAs).

Atlas Settlement Group has compiled answers to a list of MSA questions frequently asked by clients. These 12 questions and answers provide a clear understanding of MSAs.

They start with the basic “Why are MSAs necessary?”

“The purpose of the Medicare Set-Aside arrangement (MSA) is to provide funds to the injured party [...]

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MetLife Introduces Periodic Payment Agreement for Non-Qualified Personal Injury Cases

By Patrick C. Farber On March 28, 2017 · 10:48 AM · Add Comment

Last year, MetLife introduced its new Periodic Payment Agreement (PPA). The PPA is a non-qualified product that enables the transfer of future periodic payments from physical injury cases that currently do not qualify under IRC Section 130, such as pre-1997 workers compensation settlements and the settlements of disability coverage disputes. The transfer is made to MetLife Tower Resources Group (MTRG), which functions as the owner.

[...]
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Help Is Here for Managing Medicare Set-Aside Funds | CareGuard

By Patrick C. Farber On February 21, 2017 · 5:17 PM · Add Comment
Medicare Set-Aside accounts (MSAs) have to pay medical expenses first and be depleted before Medicare pays for any expenses. Injured parties have choices, manage complicated MSA account compliance themselves or hire someone. The “Self-Administration Toolkit for Workers’ Compensation MSA Arrangements” alone, is 31 pages long. Improperly follow procedures and Medicare may deny coverage. The second choice —professionally managed MSA accounts.
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How Higher Interest Rates Can Be Factored Into Structured Settlement Payments

By Patrick C. Farber On February 2, 2017 · 3:43 PM · Add Comment

This week, the Federal Reserve decided not to raise short-term interest rates, but forecasters are expecting the Fed to boost rates two more times this year after already raising rates by 0.25 percent in December (only the second rate increase in a decade). Plaintiffs considering a structured settlement may be concerned they may miss out on higher returns on their settlement funds if [...]

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Structuring Non-Personal Injury Settlements through Liberty Life

By Patrick C. Farber On November 16, 2016 · 3:31 PM · Add Comment
Liberty Life Assurance Company of Boston (Liberty Life), based in Boston MA, developed its program to begin working with BARCO Assignments, Ltd. (BARCO). BARCO is a Foreign Financial Institution domiciled in St. Michael, Barbados. This exclusive partnership was formed when it was recognized that there are claimants with damages seeking to utilize structured settlements in disputes involving damages other than personal injury and workmen’s compensation. BARCO is not subject to the U.S. tax code and, pursuant to the U.S./Barbados tax treaty, may accept consideration for the assignment of taxable settlements without facing U.S. tax liability.
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Structuring a Catastrophic Injury Settlement

By Patrick C. Farber On October 13, 2016 · 9:30 PM · Add Comment
When someone suffers a minor physical injury and a settlement is reached, the settlement funds offer financial peace of mind until the injured individual can resume normal activities. When a catastrophic injury occurs – requiring medical and personal care – the settlement takes on a more vital role. Settlements must last a lifetime so that the injured individual receives medical treatment and can lead as normal a life as physically and emotionally possible. Each catastrophic-injury case is different, but there are similarities that are the basis for determining the type of structured settlement to create.
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Another Suddenly Wealthy Athlete Goes Bust

By Patrick C. Farber On October 13, 2016 · 9:01 AM · Add Comment
Trent Richardson had it all in 2012—third overall pick of the Cleveland Browns and a $20.5 million guaranteed contract. In four short years, he’s out of the NFL and leading a “humbling” life when it comes to his finances. Like many former NFL players who were suddenly flush with cash at the start of their careers, he soon found that friends, family and hangers-on sucked him dry.
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Structuring Non-Injury Settlements

By Patrick C. Farber On October 6, 2016 · 11:58 AM · Add Comment
When most people think of structured settlements, they think of physically injured individuals, limited or unable to work, who must make their settlement last for years or even a lifetime. While this is true with most structured settlements, there are scenarios where a structured settlement may make sense for non-physically injured individuals - and for the defense. Even when cases do not qualify for tax-exempt status, the tax-deferred and financial planning aspects of the settlements could still make them worthwhile.
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Keeping Government Benefits Intact When Structuring a Settlement

The Public Benefit Payment Puzzle | Keeping Government Benefits Intact When Structuring a Settlement

By Patrick C. Farber On October 4, 2016 · 11:47 AM · Add Comment
Settling a case can be a cumbersome and time-consuming experience for all parties. When the complexities of needs-based public benefit programs such as Medicaid and Supplemental Security Income (SSI) are added to the structured settlement mix, attorneys must be vigilant to ensure that the settlements they craft comply with all applicable laws while protecting their client’s current and future benefit eligibility. In addition, this is further complicated by dual-eligible clients with Medicaid and Medicare.
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Deciphering Special Needs Trust Eligibility Rules

By Patrick C. Farber On September 7, 2016 · 1:22 PM · Add Comment
Will Lindahl, Executive Director of CPT Special Needs Trusts, provides some clarification on Individual Special Needs Trusts and Pooled Special Needs Trusts. It’s a complex subject and this just scratches the surface, but I thought it might be helpful
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