PUBLIC BENEFITS CONSIDERATIONS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Personal Injury attorneys must inquire as to whether their clients are receiving public benefits. Certain benefits are means-tested, so that if the client receives money directly those benefits are reduced or lost completely. This article will outline the common public benefits and indicate whether the receipt of a personal…
USING SETTLEMENT PROTECTION TRUSTS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Settlement Protection Trusts can be very useful tools in the settlement of a personal injury case. A Settlement Protection Trust is very flexible. However, it cannot be used where an individual is receiving means-tested public benefits. A Settlement Protection Trust is essentially a Support Trust designed to provide for…
RESOLVING VICTIMS OF CRIME COMPENSATION, STATE WORKERS’ COMPENSATION CLAIMS, AND FEDERAL EMPLOYEE COMPENSATION ACT LIENS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Victims of Crime Compensation In New Jersey, certain victims of crime are entitled to compensation under the Criminal Injuries Compensation Act of 1971.[1] The Act covers individuals injured or killed by any act or omission of any other person, which is within the description of offenses listed within…
RESOLVING MEDICARE ADVANTAGE, PRESCRIPTION DRUG PLAN, VETERANS ADMINISTRATION, TRICARE AND WELFARE LIENS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Medicare Advantage and Prescription Drug Plans Medicare Part C, commonly known as Medicare Advantage, is a Medicare substitute program operated by private health insurance companies as a managed care plan. Medicare Part D similarly provides prescription coverage to eligible beneficiaries through private insurance plans. To the extent a reimbursement…