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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.
I hope that you are doing well! We just FINALLY completed the settlement of a case for a minor (age 17) that we were initially engaged by our plaintiff attorney client in February 2021, to provide structured settlement annuity quotes! Although the claimant was very close to the age of majority the key to the case was not giving him all of the settlement proceeds, which was over $120,000, at age 18. Having been in this business for over 20 years I cannot tell you the number of sad cases we have witnessed where the young claimant receives their settlement proceeds at age 18 only to blow through all the funds before anyone can blink and make bad decisions with the proceeds! This case involved two liability insurance carriers Liberty Mutual and Member Select. We coordinated multiple rounds of document revisions and had to have a separate set of different documents for each insurance carrier. In addition, one of the carriers would not fund the annuity until we had a fully executed court ord
We recently were engaged by the Guardian Ad Litem (GAL) in the case of an 11 year old boy who was struck by a care while riding his bike. The father of the boy settled the case directly with the liability auto insurance carrier pre-suit and the GAL contacted us to ensure that the boy's settlement funds were handled appropriately. The case settled for a total of $65,000 and $59,000 was being allocated to the structured settlement annuity for the boy as follows: $5,000 paid immediately upon settlement $10,000 at age 18 $20,000 at age 21 $25,000 at age 25 $35,718 at age 30 this is total benefits of $95,718! The annuity was placed with a large life insurance company rated A+ by the A.M. Best rating agency and provided the family and GAL with the peace of mind that the young man would not receive the entire amount at age 18. In addition, due to the use of the structured settlement annuity, all of the interest gained during the payout period ($31,718 to be exact) is INCOME TAX FREE! T
Here is our research department's Weekly Market Performance analysis. If you have questions or need anything else please contact me at (734) 272-4322 or firstname.lastname@example.org U.S. and International Equities Markets Mixed The major markets ended mixed this week as the utilities and consumer discretionary sectors led while information technology lagged following Apple’s challenges in China. Developed international equities posted solid gains this week as European stocks have witnessed their largest gain in six months after the European Central Bank (ECB) signaled an end to its hawkish monetary policy. Next Wednesday, the Federal Reserve meets concerning monetary policy and interest rates. We believe the Federal Reserve should highlight underlying improvements within the inflation dynamic. In addition, we believe the Fed will not likely declare victory but will probably highlight the risks to growth and inflation are getting into balance. According to the AAII Sentiment