Structural Changes – Structured Settlement Alert
Amy Fisch Solomon, an attorney with Girardi & Keese, and I published an article, "Structural Changes," in the June issue of the American Association for Justice's Trial magazine.
Structural Changes [Trial Magazine – June 2011]
Structured settlements and the laws governing them are ever-changing. Issues like how they are taxed, when they can be used, and whether they can be sold seem to be in a near constant state of flux. For plaintiff trial lawyers who are charged with properly advising their clients regarding settlement of their cases, this instability can be disconcerting, to say the least. "For 30 years, structured settlements have provided injured people with long-term financial security and special tax benefits. How these settlements are used and funded is constantly evolving. Make sure you know all the options so you can build the best structure for your client."
ALERT: Expect New Delays from Medicare!
In case you haven’t heard, last week the Medicare Secondary Payer Recovery Contractor (MSPRC) posted a notice on its website indicating that it had temporarily stopped issuing Rights and Responsibilities Letters and Demand Letters until further notice. It has now indicated that review of the Rights and Responsibilities Letter is complete, and these letters should resume issuance by June 10th. Demand Letters, however, remain suspended until further notice. Click here and scroll down to “News and Updates” for the notice.
Big R Towing – Court Determines Medicare Set-Aside in Liability Settlement
Being creative is always an asset when it comes to liability settlements--cautiously creative that is. Such was the case with Big R Towing v. Benoit, 2011 WL 43219 (January 6, 2011, W.D.La.). Both sides took into account the future medical expenses of the alleged injured party, keeping in mind Medicare's interests according to the Medicare Secondary Payer Act, 22 U.S.C. 1395y.
New California Appeals Court Opinion Addresses Alleged Violations of Structured Settlement Protection Act
In Ceron, the California appeals court upheld the dismissal of a would-be class action lawsuit that alleged, in part, that Wentworth violated the California SSPA's requirements concerning advice to the structured settlement payee, while also reversing the dismissal of one count where the plaintiff, Raul Ceron, sought injunctive relief against what he alleged to be ongoing and continuing SSPA violations that also constitute unfair business practices.
“Medicare Set-Asides–How To Keep Them From Jeopardizing Your Settlement”
The ASCDC's 50th Annual Seminar, March 10-11 at the Millennium Biltmore Hotel in Los Angeles, will feature a panel on Medicare Set-Asides and compliance issues involving structured settlements. Joining me on the panel will be Jon Gunter, executive vice-president at MEDVAL.
How to Preserve the Elder Plaintiff’s SSI and Medi-Cal
Recently, I co-wrote an article on the subject for CAOC's Forum with Kevin Urbatsch and William Lindahl. The article discusses: --Avoiding Loss of Needs-Based Public Benefits --How and When to Use Pooled Special Needs Trusts (SNTs) --How to Select a Pooled SNT
Welcome to PatrickFarber.com
We work with clients and attorneys in California and around the country in creating structured settlements for medical malpractice, personal injury, product liability, workers’ compensation, mass torts and construction defect cases as well as for non-physical injury cases and attorney fees–all at no cost to the client.
Welcome to PatrickFarber.com
We work with clients and attorneys in California and around the country in creating structured settlements for medical malpractice, personal injury, product liability, workers’ compensation, mass torts and construction defect cases as well as for non-physical injury cases and attorney fees–all at no cost to the client.
New California Law Increases Coverage Limits for Structured Settlements
California Senate Bill 1408, known as the California Life and Health Insurance Guarantee Association Act, makes significant coverage changes for structured settlements and annuities.