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Settling Cases for Clients on Government Programs

Key Takeaways

  • Advise clients on the impact of a settlement on their government benefits and preservation options (Medicaid, SSI/SSDI, food and housing assistance).
  • Provide written guidance on the pros and cons of settlement structures including cash, structured settlement annuities, and Special Needs Trusts to protect benefits.
  • Address Medicare compliance, including conditional Medicare liens and necessary Medicare Set Asides, during settlement planning.
  • Outsource complex government benefits and lien resolution tasks to reduce internal liability and improve outcomes.

Meet the Author

Greg Maxwell, Esq. CFP®

Greg Maxwell is an attorney, Certified Financial Planner, and settlement planner. He specializes in settlement tax planning, government benefits planning, and financial planning for plaintiffs and plaintiff attorneys.

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In speaking with many attorneys each week, among the issues that seem the most frustrating to you as you settle cases are the following:

  1. How to best handle Medicare compliance (conditional Medicare liens and necessity of establishing an MSA)?
  2. How to protect your clients’ government benefits after settlement (Medicaid, SSI, Food Assistance, Housing Assistance)?
  3. How to financially protect clients after settlement, and how to advise clients regarding the most effective ‘form of settlement’ (cash, structured settlements, trusts)?

Our firm was designed to assist injury victims with the legal and financial needs they face as they settle personal injury cases.

If you or your firm is trying to handle these issues in-house, you’re taking on unnecessary liability and your clients may be missing opportunities to retain needed government benefits or maximize their settlement proceeds.

There is a much better way!

For a flat fee, which is generally billed as a case expense, our attorneys will meet with, educate, and advise your clients in writing regarding the following:

  • The impact a settlement will have on their government benefits (Medicaid, SSI or SSDI, Food Assistance, Housing etc.)
  • The options available to preserve government benefits after settlement
  • The pros and cons of all settlement options (Cash, Structured Settlement Annuities, Special Needs Trusts)
  • The tax consequences of settlement
  • Their obligation to protect Medicare’s interest in the settlement (Medicare conditional lien)

Our attorneys can also handle the Medicare compliance issues you face when settling a case for a client on Medicare, or a client who will soon be eligible for Medicare.  We will come in-house to train your staff about how to most effectively handle Medicare liens, or we can discuss how to outsource your firm’s Medicare compliance completely.

Many attorneys are starting to realize that resolving a Medicare lien may be a separate engagement from resolving the claim against the defendant.  If this is the case, then paying their own staff out of their own pockets to resolve Medicare’s lien isn’t fair.  Many attorneys now outsource lien resolution—this important work that they view as a headache from their office completely and bill the Medicare compliance to the client as a cost of the case.

We know you and your staff hate dealing with these matters.  Let us help take the headache out of settling your PI cases.

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