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Structured Settlements, SSI Income and DRA Annuities: Building a Durable Federal Framework

I. Introduction: From System Shifts to Strategic Opportunity This article is the fifth installment in our six-part series on how structured settlements interact with public benefit planning. Article 1 and Article 2 explored system-wide shifts; the One Big Beautiful Bill’s (OBBB) expansion of state authority over Medicaid and the Social Security Administration’s (SSA’s) 2025 reforms...

Structured Settlements and Public Benefits: How We Got Here And Why It Matters Now

By Patrick Hindert and George Luecke Introduction: Understanding the Path to Today’s Challenges This article is the fourth in a six-part series examining how structured settlements interact with public benefit programs in an era of rapid legislative, judicial, and administrative change. As a reminder: Article 1 introduced the One Big Beautiful Bill Act (OBBB), explaining...

Structured Settlements and Medicaid: Building the Legal Framework for Benefit Protection

By Patrick Hindert & George Luecke I. Introduction: A Growing Market Meets a Shifting Regulatory Landscape In 2024, the structured settlement market reached a historic milestone, generating $9.5 billion in annuity premium, the highest annual volume to date. Some industry experts have suggested the industry could reach an aspirational goal of $15 billion in annual...

Jury Verdicts and the Evolving Role of Punitive Damages 

Introduction Historically rare, punitive damages are intended to punish egregious misconduct and deter future wrongdoing. Recently, however, jury verdicts—including both compensatory and punitive damages—have garnered significant public attention, indicating a possible shift in jury attitudes and expectations. Although punitive damages traditionally appear in only 2–5% of civil jury trials, recent verdicts suggest juries increasingly seek...

The Patel Memo – Twenty Years Later

Daniel Anders, President of the National MSP Network (NMSP) sent a newsletter last week alerting this writer and other NMSP members of an historic settlement planning anniversary. On July 23, 2001, the Centers for Medicare & Medicaid Services (CMS) released, under the name of Parashar B. Patel, Deputy Director, Purchasing Policy Group for CMS, what...

Case Study: Catastrophic Injury

Catastrophic Injury A mother and her five-year-old son were in a car accident in 2018 and both suffered extensive injuries. The mother sustained multiple broken bones, including several ribs. The child was in critical condition with injuries that required him to be placed into a medically-induced coma. Ultimately the five-year-old needed multiple surgeries to correct...

Case Study: Medicare Set-Asides

Medicare Set-Asides A self-insured municipality referred a case involving a 54-year old police officer who sustained catastrophic injuries attempting to take a suspect into custody.   The Case The police officer received conservative treatment initially and eventually underwent multiple surgeries to aid his recovery. After his surgeries, complications arose, and he was living in constant...