My client received a personal injury settlement. Is an MSA required in third party liability cases?
The Medicare Secondary Payer Act (MSPA) was passed in 1980. The Act provides that Medicare is a secondary payer and makes a conditional payment if payment has not been made or cannot be expected to be made promptly by a group health plan, Workers’ Compensation (WC) plan, liability insurance, or no-fault insurance. Conditional payments are…
Critical Steps to Take Once a Will has been Probated
When a will is not “self-proving,” a witness who signed the will or a bystander witness — one who witnessed the decedent and two witnesses signing the will, but did not personally witness the original signing of the document — must be present to authenticate the will. A will is “self-proving” if the decedent and…
What other medical insurance options are available for my client after he has received a personal injury settlement?
The previous blog discussed the importance of ensuring that plaintiffs in personal injury lawsuits obtain the best possible medical coverage. This blog continues the discussion and focuses on other medical insurance that may be available. This includes: • Medicare. A person receiving SSDI for two years will receive Medicare. It is important to obtain a…
What are the statutory requirements for a Self-Settled Special Needs Trust?
A Self-Settled Special Needs Trust is a vehicle authorized by Congress under OBRA ’93. By utilizing this type of trust, a beneficiary can maintain eligibility for important public benefits, such as SSI and Medicaid, and enjoy the benefit of the personal injury settlement. In authorizing Self-Settled Special Needs Trusts, Congress imposed six conditions: • Assets…