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Important News About LMSAs

Important News About Liability Medicare Set-Asides

By Patrick C. Farber On August 28, 2018 · 6:14 AM · Add Comment

Medicare Set-Asides (MSAs) are often an important element in structured settlement planning. The purpose of MSAs is to “set aside” funds from the structured settlement so the injured party can pay for current or future medical expenses that would otherwise be covered by Medicare. Medicare is the secondary payer for injury-related medical expenses—after a defendant or the defendant’s insurance carrier. Once the MSA funds are [...]

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The role of structured settlement advice before, during and after mediation

The Role of Structured Settlement Advice Before, During and After Mediation

By Ali Mendiola On August 28, 2018 · 6:08 AM · Add Comment
Bringing two parties to the mediation table in a personal injury case is often a substantial feat. It shows a willingness to negotiate and even to compromise on both sides. Much discussion and agreement needs to happen before reaching the “demands and offers” and eventual settlement phase. Knowing in advance how much an injured client
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Tax-Free Status of Physical and Emotional Injury Settlements—Timing Is Everything To The IRS

Tax-Free Status of Physical and Emotional Injury Settlements—Timing Is Everything To The IRS

By Patrick C. Farber On August 6, 2018 · 1:21 PM · Add Comment

When someone is physically injured on the job, shouldn’t the IRS consider the entire settlement proceeds as non-taxable income? The answer is complicated.

Tax attorney Robert Wood explains how timing and semantics play a role in the tax status of physical (and emotional) damage settlement proceeds in his piece “Emotional Distress Damages Are Taxable, Physical Sickness Damages Are Not, How Come?” Robert says that [...]

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A Balanced Structured Settlement Protects Clients From Their Worst Financial Instincts

A Balanced Structured Settlement Protects Clients From Their Worst Financial Instincts

By Patrick C. Farber On July 9, 2018 · 2:23 PM · Add Comment

Greed, fear and plain old bad decisions can derail even the best investment plan. This holds particularly true when a personal injury client receives a large lump sum settlement and decides to make his or her own financial decisions with little or no investing experience or fails to heed sound financial advice. The results are predictably bad–settlement funds disappear long before expected and instead of [...]

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Spring/Summer Atlas Report on Medicare Benefits & Medicare Set-Asides

New Spring/Summer Atlas Report on Medicare Benefits & Medicare Set-Asides

By Patrick C. Farber On June 11, 2018 · 12:39 PM · Add Comment

Every quarter, Atlas Structured Settlements releases its report on Medicare issues including Medicare Set-Asides. The Spring/Summer report is out. Topics include:

CMS Moves to Medicare Beneficiary Identifier Version 2.7 of the WCMSA Reference Guide Published WCMSA Submission Guidelines: A Refresher Budget Act of 2018 Limits Medicaid Third-Party Recovery Rights New Commercial Repayment Center (CRC) Contractor Takes the Reins New Workers’ Compensation Review Contractor [...]
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Alimony, Child Support And Structures

Alimony, Child Support And Structures

By Patrick C. Farber On April 30, 2018 · 7:14 AM · Add Comment

Structured settlements, while normally associated with personal injury or workers’ comp cases, are being used in divorce proceedings with increasing regularity.

During negotiations, a settlement amount is agreed upon upfront. The amount is then placed in an annuity. A payment schedule is created so the recipient spouse receives payments from the annuity pursuant to the schedule. The schedule may call for payments to be made [...]

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Planning For College With A Structured Settlement

Planning For College With A Structured Settlement

By Patrick C. Farber On March 26, 2018 · 12:47 PM · Add Comment

Parents want the best for their kids and that includes giving their children the opportunity to attend college. When a parent is seriously injured and no longer able to work, hopes of providing a college education for their children can be dashed. Funds from a structured settlement due to an injury, however, can be designated for children’s college tuition and other educational expenses.

How Much [...]

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Triumph Foundation: Helping People Conquer Life-Changing Adversity After A Spinal Cord Injury

Triumph Foundation: Helping People Conquer Life-Changing Adversity After A Spinal Cord Injury

By Patrick C. Farber On February 19, 2018 · 1:03 PM · Add Comment

As a structured settlement broker, I meet many individuals who have suffered major spinal cord injuries. Life after their injury is filled with challenges that, at times, feel insurmountable.

Thankfully, those with spinal cord injuries have a strong advocate in their corner. It’s Triumph Foundation, a nonprofit group dedicated to inspiring and motivating people with spinal cord injuries to get better every day and [...]

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Passing on a structure to a structured settlement beneficiary

Passing Your Structured Settlement to a Beneficiary – Things to Know

By Patrick C. Farber On January 18, 2018 · 1:27 PM · Add Comment

Injured individuals often want to know what will happen to their structured settlement after they pass away. Structured settlements are usually set up so payments are made for the life of the injured party—with a guaranteed minimum number of years. If the claimant dies before the guaranteed minimum number of years is reached, the remaining guaranteed settlement portion can go to a structured settlement beneficiary. [...]

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Misconceptions About Annuities

By Patrick C. Farber On December 14, 2017 · 1:56 PM · Add Comment
Purchasing an annuity as part of a structured settlement should be based on sound financial and tax analysis. That's not always the case, this article discusses some of the emotional factors and misconceptions that come into play when considering an annuity purchase.
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Recent Posts

  • Advantages Of Qualified Settlement Funds

    Advantages Of Qualified Settlement Funds

    December 30, 2025
    Attorneys Robert Wood and Alex Brown recently wrote an article …Read More »
  • Job Openings Decline: Making The Case For Structured Settlement Income Security

    Job Openings Decline: Making The Case For Structured Settlement Income Security

    November 6, 2025
    The job site Indeed just released its Job Postings Index. As …Read More »
  • Medi-Cal Reinstates $130,000 Asset Limit

    Medi-Cal Reinstates $130,000 Asset Limit

    October 10, 2025
    Starting January 1, 2026, California will reinstate a $130,000 Medi-Cal …Read More »

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Important News About Liability Medicare Set-Asides
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