One of the most important considerations for settlement in a personal injury case is protection of public benefits, but how best to achieve that can be complex.
When injured parties receive assets, their entitlement to public resources, such as Supplemental Security Income (SSI) or Medicaid, may be lost or reduced. A special needs trust allows an injured or disabled person to maintain public benefits following settlement. A Medicare Set-Aside Arrangement protects the Medicare eligibility of disabled or injured persons, but it may also be considered a receipt of assets that causes a loss of public resources if not handled appropriately.
Before limiting my practice to elder law and special needs planning, I was a workers compensation attorney. I started my legal career with McAnany, Van Cleave & Phillips, P.A., and was assigned the task of being the firm’s resource for Medicare Set-Aside (MSA) arrangements. Later, I became a claimant’s attorney. Comfortable with MSA’s, I frequently used them in settling workers compensation cases.
Today, I draw upon that background along with my understanding of public benefit programs like SSI and Medicaid to help other personal injury attorneys protect and preserve settlement proceeds. Please give me a call if you are interested in discussing how I may be able to help you handle these obscure issues and allow you to focus on what you enjoy about your practice.