Medicare Set Aside requirements have become a consistent source of speculation and anxiety among plaintiff attorneys across the country.

Although CMS currently has given limited guidance on MSAs for general liability settlements, the original act, the Medicare Secondary Payer of 1980 (MSP), requires Medicare’s interests be considered when settling a general liability case. Furthermore, under Section 111, there is now a reporting requirement of that settlement by the liable party (defendant/insurer).

The most important thing to keep in mind is that although Section 111 does not require liability MSAs, protecting Medicare’s interest under the MSP statute still applies. There are several options available to consider, one of which is a liability MSA. The entire issue of general liability MSAs is a gray area and the best solution is to create thorough documentation to support whichever position one might take.

If you have any question about Medicare Set Aside requirements for structured settlements, contact us at (877) 926-4287 or email us. We’re here to help.

This is a post from Medicare Set Asides…Factual Concern or Urban Myth is a post from: Settlement Planning Resources

Not all structured settlement brokers have the interest of your client in mind. It’s not at all uncommon for the defense to argue to have their own Structured Settlement Planner handling the settlement. Not surprisingly, these arrangements often favor the interest of the defense over the interest of your client. (See our article, “Three Cases Every Plaintiff Attorney Should Know” for details.)

Moreover, these arrangements result in significantly greater long-term liability for plaintiff attorneys. The following questions will help attorneys assess their own long term risk:

1. Are you failing to retain your own financial expert?

2. Are you neglecting Medicare Set Aside Accounts?

3. Are you releasing your client’s medical records to defendants

without consideration of HIPAA requirements?

4. Are you inviting taxable confidentiality clauses into settlement

agreements?

5. Are you unaware of tax consequences in taxable damage

cases?

If you answered, “Yes” to any of these questions, give us a call for a free consultation. (877) 926-4287. Call today to find out how we can help you and your clients.

This is a post from Five Questions You Should Ask Before Consulting a Settlement Planner is a post from: Settlement Planning Resources

As a personal injury attorney, you are already familiar with the benefits that a structured settlement provides your clients. Periodic payments under a qualified structured settlement ensure that money your client needs to meet ongoing expenses is available when it’s needed.But did you know that structured settlements may offer you a similar advantage?

Create A Supplemental Retirement Income Stream:

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This is a post from The Advantages of Structured Attorney Fees is a post from: Settlement Planning Resources

Surprising Statistics of Malpractice Lawsuits

As an attorney, you are no stranger to legal risk. Every day, you are reminded of the consequences that face business owners who are either negligent or uninformed. Unfortunately, plaintiff attorneys are often the ideal target for litigation.

Some of the statistics associated with malpractice lawsuits are surprising. Some are patently disturbing. But understanding them are the best way to protect yourself.

Here are some of the statistics every plaintiff attorney should know: MORE

Read Complete Article Here

This is a post from The Most Serious Risks…..You Don’t See Coming. is a post from: Settlement Planning Resources