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Dealing with Medicare and Medicaid Liens in 3rd Party and General Liability Cases
We had the honor of attending the 2016 Michigan Association of Justice (MAJ) annual convention last Friday (4/15/16) at the beautiful Book Cadillac hotel in the "D"!
The presentation by attorney Donna MacKenzie of the firm Olsman, MacKenzei and Wallace on "Dealing with Medicare and Medicaid Liens in 3rd Party and General Liability Cases" was especially informative.
We have been in the structured settlement business for over 15 years and we have been talking about this subject for about 10 years!
Based on Ms. MacKenzie's presentation I am HAPPY TO REPORT that there is STILL NO BASIS for a Medicare set aside in 3rd Party and General Liability Cases. A Medicare Set Aside is when part of the recovery in a physical injury case is "set aside" and can only be used to pay for future medical expenses, which are a result of the injury, that Medicare would normally cover. Medicare does not even have any mechanism or structure to process set asides in liability cases at this time! However, Ms. MacKenzie also stressed that this doesn't mean they won't require a set aside in the future.
Ms. MacKenzie recommended obtaining a letter from a physician if future medical expenses will not be needed for the claimant.
We often hear from our plaintiff attorney clients that their clients should not use a structured settlement annuity due to the current low interest rate environment. Their thought is that their clients can do better in other financial instruments such as the stock market. This logic fails to take into the consideration one of the best features of a structured settlement annuity which is its income tax FREE GUARANTEED payments. I am a financial adviser and Certified Financial Planner with over 20 years of experience who can advise clients regarding ALL financial options and not simply limited to Structured Settlement Annuities. I have witnessed MANY high and low interest rate environments and MANY claimants who were going to "get a higher rate of return" outside of a structured settlement annuity who are now OUT OF MONEY! Remember, it doesn't matter what rate of return you are getting if the balance of your investments is ZERO! But don't just take my word for i
Please watch this excellent video where e xperienced and successful personal injury attorney, Thomas M. Bond from the firm of Kaplan/Bond in Boston tells you why a structured settlement is the best choice for the longterm financial security for you and your family when your lawsuit settles for a large sum. Hear how one man made the wrong choice and tragically lost everything. www.whitehousellc.com