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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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PERSONAL INJURY SETTLEMENTS – PLAINTIFFS AGE 65 OR OVER

by Thomas D. Begley, Jr., CELA               Many plaintiffs in personal injury actions are receiving means-tested public benefits such as Supplemental Security Income (SSI), Medicaid, Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps), Federally-Assisted Housing, Adoption Assistance, Temporary Assistance for Needy Families (TANF), and Low-Income Home Energy Assistance Program (LIHEAP).  These benefits are means-tested. …

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MEDICARE SET-ASIDE ARRANGEMENTS

by Thomas D. Begley, Jr., Esquire, CELA In addition to any claim for reimbursement for the conditional payment of past medical expenses, Medicare also has a right to consideration for the Medicare beneficiary’s future medical expenses.  Unless adequate funds are set-aside in a suitable arrangement, Medicare will not pay that person’s future medical bills.  A…

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