Protecting And Maximizing Your Personal Injury Settlement
Who Are We
Begley Law Group has been active in protecting settlements for personal injury victims since President Clinton signed a law known as OBRA '93 on August 10, 1993. Our goal is to have each personal injury victim benefit from our team's expertise, maximizing the longevity of their settlement funds and enhancing their quality of life. This is a complex task involving the collaborative efforts and specialized skills of many professionals.
You Fight to Protect Others. Who's protecting you?
One of the most important considerations for settlement in a personal injury case is protection of public benefits. A Special Needs Trust allows an injured or disabled person to maintain public benefits following settlement. When injured parties receive assets, their entitlement to public resources, such as Supplemental Security Income (SSI) or Medicaid, may be lost or reduced. A Medicare Set-Aside Arrangement protects the Medicare eligibility of disabled or injured persons. At Begley Law Group, PC, we understand the stringent rules and regulations that have been imposed on individuals receiving public benefits and Special Needs Trusts by governmental agencies and will help you navigate the system for optimum client results. As a member of the national non-profit for special needs planning attorneys, the Special Needs Alliance, we are committed to assisting you, as a personal injury attorney, in resolving cases to enhance settlement results of your disabled clients and maintain the eligibility of your clients' public benefits.
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Our Services
The process of protecting and maximizing personal injury settlements:
1. Beginning the Process. Contact us! The process begins by Begley Law Group coordinating with the personal injury attorney to obtain the necessary background information about the personal injury victim and a discussion of what the plaintiff might need and how Begley Law Group can help.
2. Hopes & Dreams Consultation. At Begley Law Group, we will meet with the personal injury victim and any family members, along with their trusted personal injury attorney.
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- Together, we will discuss the hopes and dreams of the individual including any immediate needs and a monthly budget. Everyone wants the 3 Wishes... A Home, a New Car, and a Trip to Disney! We will also review how the settlement can meet their needs including maintaining eligibility for public benefits, if appropriate. We will collaborate with the personal injury attorney, the client, and the client's family to determine a strategy that best meets their needs, while maximizing their settlement and preserving their benefits.
Will the personal injury victim benefit from a Special Needs Trust or Settlement Protection Trust? The answer is not always yes. Trusts are likely to be required if the victim is a minor, is incapacitated, or is receiving means-tested public benefits. If a Trust is the best option, we will determine appropriate Trustee options.
3. Interview Trustee(s). If we have established the need for a Trust, we will coordinate a meeting with the potential Trustee and all parties involved. The Trustee will explain their role as Trustee. This will include the day-to-day operations of the Trust, how the Trust pays for every day needs as well as major expenditures of the Trust to enhance the quality of life of the beneficiary.
4. Coordination in Developing a Life Care Plan. The development of a Life Care Plan is a crucial part of determining the needs of the injured individual. This would include the condition of the plaintiff, his/her prognosis, services needed, who will provide these services, how much will these services cost, and payment of services.
Other considerations and services that may impact the client or the settlement:
- Estate Planning. Does the personal injury victim or a family members of the personal injury victim have appropriate estate planning documents in place? if not, this should be discussed. Estate planning documents typically include Wills, Living Trusts, Third Party Special Needs Trust, Living Wills or Durable Healthcare Powers of Attorney, financial powers of attorney, and more.
- Estate Administration. If there has been a wrongful death case, is estate administration underway? Who has the authority to bring the case? If this has not yet been determined, Begley Law Group can assist.
- Guardianships. Does the personal injury victim have capacity, or do they require a guardian to be appointed? Begley Law Group can assist in obtaining guardianship.
- Long-Term Care Planning. If the personal injury victim is receiving means-tested public benefits but is ineligible for various reason to establish a Self-Settled Special Needs Trust to preserve those benefits, are long-term care planning options available to preserve the person's assets? The answer is usually yes, and a meeting should be held to discuss those options. Begley Law Group can assist.
- Petitions. If the individual is a minor or incapacitated person, the settlement requires Court approval. If a Trust is established, the funding of the Trust will need to be approved by the Court as well. We specialize in a wide variety of other types of cases where petitioning the Court is necessary. Begley Law Group can assists with the filing of the Petition or Complaint.
- Medicaid Applications. Does the individual need to apply for Medicaid? if so, Begley Law Group can assist in the Medicaid application process.
- Benefits. Does the individual need to apply for Social Security benefits such as Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Childhood Disability Benefits (CDB) through Social Security. If so, Begley Law Group works with team members who provide this service.
- Qualified Settlement Funds (QSF). In mass tort cases, funds payable to multiple beneficiaries can be paid into a Qualified Settlement Fund. In most cases the funds are then allocated between the multiple plaintiffs and distributions are either made outright to the plaintiff or retained in Trust for the benefit of the plaintiff. Begley Law Group can assist in preparing the Qualified Settlement Fund document as well as serving as Trust administrator.
- Tax Planning. If there a a significant personal injury settlement, tax issues must be considered. Usually, the settlement is tax free, however, there are some exceptions to this rule. However, when the funds are invested, the interest, dividends, and capital gains are taxable. Federal and State income taxes must be considered. Begley Law Group can provide the necessary legal advice related to these issues.
Begley Law Group believes in a Team approach! We work with trusted professionals such as the Personal Injury Attorney, Trustee, Financial Advisor, Structure Settlement Broker, Social Security Appeal Attorneys, Life Care Planner, Care Manager, and Benefit Coordinator.
Types of Trusts
Not all Trusts are the same! At Begley Law Group, we are able to analyze which type of Trust is appropriate to preserve the settlement. Different types of Trusts can be utilized depending on the client’s needs and goals.
1. Self-Settled Special Needs Trust. A Self-Settled Special Needs Trusts is required to protect the plaintiff’s means-tested public benefits, such as
Supplemental Security Income (SSI), Medicaid, Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, federally assisted
housing, known as Section 8 under HUD, etc. A Self-Settled Special Needs Trust would enable the plaintiff to preserve those benefits while enjoying the
personal injury recovery. To be eligible for a Self-Settled Special Needs Trust:
a. The Trust must be established by the parent, grandparent, legal guardian, a court or the disabled beneficiary;
b. The beneficiary must be under age 65;
c. The beneficiary must be disabled within the meaning of the Social Security Act;
d. The Trust must be for the sole benefit of the individual with disabilities;
e. The Trust must contain a payback to Medicaid upon the death of the disabled beneficiary.
2. Settlement Protection Trust.
a. Minor Children – If a client is a minor, a Settlement Protection Trust can be utilized. If assets of a minor are not placed in a Trust, it is most likely the assets will need to be placed in the Surrogate Court. Accounts held in Surrogate Court are restricted, requiring court petitions for each distribution, and offer limited investment or growth options. In a Settlement Protection Trust, the Trustee invests the money and makes distributions for the health, education maintenance and support of the minor.
b. Vulnerable Adults – These Trusts are also useful if the plaintiff needs help with investment management and especially if there are concerns about
squandering the money. Professional Trustees able to properly administer the Trust are often helpful in making the funds last and protecting the
beneficiary.
3. Settlement Protection Trust with Special Needs Provisions. There are cases where Settlement Protection Trusts may be useful for the current circumstances, but conversion to a Special Needs Trust may be necessary in the future. For example, in certain family situations the income and assets of the parents are deemed to a child under 18. Additionally, an adult individual may not currently be receiving benefits but may be in need of such benefits in the future based upon their disability. In those situations, a Settlement Protection Trust might be established that converts to a Special Needs Trust to enable the individual to receive those benefits upon attaining age 18 or when needed in the future. There are many other situations where a Settlement Protection Trust with Special Needs Provisions is a useful tool in preserving settlement proceeds.
4. Self-Settled Special Needs Trusts with Medicare Set-Aside Provisions. This Trust is utilized where the plaintiff is receiving means-tested public benefits but also must set aside funds in a Medicare Set-Aside arrangement to cover future medical needs that may not be covered by Medicare.
5. Settlement Protection Trust with Special Needs and Medicare Set-Aside Provisions. These Trusts are used for the individuals not currently eligible for means-tested public benefits but may become eligible in the future and where a Medicare Se-Aside is also required.
6. Pooled Special Needs Trusts. If the individual is disabled and the settlement is relatively small, a Pooled Trust may be the most cost-effective way to protect the individual’s public benefits. The Pooled Trusts are usually small, and the money of many beneficiaries is invested to receive a better return on investments. Each beneficiary has an individual sub-account and receives an individual statement.
Public Benefits
Common Public Benefits.
The most common public benefits we see by personal injury plaintiffs are:
a. Supplemental Security Income (SSI). This is a cash assistance paid by Social Security to an individual with disabilities. For 2025, the maximum SSI payment is $967 per month. Many states have a supplement. The New Jersey supplement is $31.25 in 2025. The individual must receive a disability determination from the Social Security Administration to be eligible for SSI.
b. Medicaid. Individuals receiving SSI automatically receive SSI-linked Medicaid. In addition to SSI-linked Medicaid there are more than 20 other Medicaid programs which may benefit the plaintiff. Some Medicaid programs are income-tested and asset-tested, while others are only income-based.
c. Social Security Disability Income (SSDI). SSDI is based on how much a disabled worker has paid into the Social Security system. The rules are complex.
d. Medicare. Medicare is a medical insurance program which has its advantages and disadvantages over Medicaid. Sometimes an individual is eligible for both SSI, SSDI, Medicaid and Medicare.
e. Federally Assisted Housing. There are a number federally assisted housing programs that individuals with disabilities and/or low-income households can utilize. The largest of these programs is called Section 8.
f. Supplemental Nutritional Assistance Program (SNAP). This program was formally called food stamps. It provides cash assistance to individuals who qualify. This program is income-tested and asset-tested.
g. Low Income Heating and Energy Assistance Program (LIHEAP). This program provides assistance to individuals in conjunction with payment of their utility bills. This program is income-tested.
The Team
Begley Law Group has assembled a team of experts who can assist in various stages of the post-settlement personal injury process. These include the follwing:
- Trustees
- Financial Advisor
- Structured Settlement Brokers
- Life Care Planner
- Social Security Appeal Attorneys
- Care Managers
- Benefits Coordinator
Settle On Us For Your Next Case.
As you prepare to take on a new case, imagine how our services could facilitate and safeguard the settlement proceedings. Consider including Begley Law Group, PC in your next case from the beginning, or connect with us when you need assistance finalizing the details of your client's settlement. If you're interested in learning more about our personal injury consulting services, please give us a call. We look forward to winning and maximizing settlements together.