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COUNSELING SESSION WITH PLAINTIFFS AND FAMILIES AFTER A PERSONAL INJURY RECOVERY

by Thomas D. Begley, Jr., Esquire, CELA A counseling session should be held with all of the important players to identify immediate cash needs, develop a budget, design the plan of distribution, and begin the process of managing expectations. One of the most significant discussions will be how long the trust is expected to last….

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TYPICAL PROBLEMS WITH SPECIAL NEEDS AND SETTLEMENT PROTECTION TRUSTS

by Thomas D. Begley, Jr., Esquire, CELA             Frequently the proceeds of personal injury recoveries are placed in a Special Needs Trust (SNT) when the plaintiff is receiving means-tested public benefits or a Settlement Protection Trust (SPT) when the plaintiff is a minor, an incapacitated person or wants help in investing and managing money over…

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SIX THINGS PERSONAL INJURY ATTORNEYS DON’T WANT TO HEAR FROM PRIOR CLIENTS

by Thomas D. Begley, Jr., Esquire, CELA Personal Injury Attorneys work very hard and generally achieve excellent results for their clients.  However, post-settlement issues frequently arise that haunt the Personal Injury Attorney later, even occasionally resulting in malpractice cases. Medicaid Payback. “You told my father that he had to do a Medicaid Payback Special Needs…

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WHEN A SPECIAL NEEDS TRUST IS NOT THE ONLY ANSWER

by Thomas D. Begley, Jr., Esquire, CELA            Many personal injury cases involve plaintiffs with long-term disabilities.  This person may need a variety of supports throughout his or her lifetime including SSI, Medicaid, Federally-Assisted Housing, Energy Assistance, and Food Stamps.  Many of these programs are means-tested, and to be eligible the beneficiary may benefit from…

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