Government Benefits Planning

Welcome to the Government Benefits Planning articles page. On this page, you can access different articles we’ve written about Government Benefits Planning.

ABLE Accounts: Another Option for Clients on Medicaid and SSI

The following article was published in the Fall 2016 Utah Trial Journal. Written by Greg Maxwell and Daniel Maxwell. ABLE Accounts - An Introduction As settlement planning attorneys, we are consistently asked how to handle small settlements for injured [...]

Why You Should Include a “No-1099” Provision in Settlement Agreements

Why You Should Include a “No-1099” Provision in Settlement Agreements At the recent annual conference of the Society of Settlement Planners, one of the presenters suggested adding a provision regarding Form 1099s to settlement agreements. Defendants or their insurers [...]

Why You Need a Settlement Planner

Over a thirty year legal career, the average lawyer is sued for malpractice three times[1].  Of the 40,000 claims for legal malpractice every year, 12,000 result in some recovery of money damages[2].  Between the last two studies performed by the ABA, [...]

Protecting the Settlement Recovery: Planning Options for Settlement Recipients and their Attorneys

Protecting the Settlement Recovery: Planning Options for Settlement Recipients and their Attorneys Greg B. Maxwell, Esq., CFP®, and Joseph W. Tombs, Esq., CFP® Note: This article was originally published in the Utah Trial Journal in the Spring / Summer [...]

What is Settlement Planning?

A settlement plan is a detailed, comprehensive look at a client's financial situation with specific recommendations designed to help a client be in the best possible financial position after receiving settlement proceeds. What is Settlement Planning? Settlement planning involves allocating [...]

Top Attorney Malpractice Pitfalls in Personal Injury Cases

There's a lot to remember when you're dealing with a personal injury case.  At Amicus, we see some of the common mistakes made by attorneys, and we want to help you avoid those same mistakes.  This articles lists some [...]

Settling Cases for Clients on Medicaid and SSI: A New Option to Preserve Needed Benefits

As attorneys representing injury victims, you know that many of your clients rely on needs-based government benefits such as Medicaid or SSI.  A net settlement of anything over $2,000 likely means your client will need to spend their settlement down in [...]

Settling Cases for Clients Receiving Medicaid or Other Needs-based Benefits

Plaintiff attorneys need to be aware that by disbursing settlement funds to their clients they could be jeopardizing their client’s current and future needs-based public benefits, and putting themselves at risk for malpractice claims.  Many injury victims arrive at the [...]

Utah State Bar Ethics Advisory Opinion Regarding Outsourcing Lien Resolution

Earlier this year, the Ethics Advisory Opinion Committee of the Utah State Bar issued Ethics Advisory Opinion Number 14-01 concerning a lawyer’s use of third party lien resolution companies and passing the cost of such service to the client.  [...]