Blog

Comparing the Advantages: ABLE Accounts vs. Special Needs Trusts

The COVID-19 pandemic and near zero long term Treasury rates have required both structured settlement professionals and settlement planners to re-think how they market and how they sell structured settlement annuities. Serena Fitchard, nicely summarized a more expansive structured settlement sales approach during a recent National Structured Settlement Trade Association (NSSTA) webinar: “structured settlements serve a greater...

Defining Income: IRC vs. SSA

IRC vs. SSA Every structured settlement and settlement planning professional is presumably well-familiar with the Internal Revenue Code definition of Gross Income in IRC 61 as well as the exclusion for periodic payments in IRC 104(a)(1) and (2), plus many other Internal Revenue Code Sections (130; 468B; 5891) and tax concepts (constructive receipt; economic benefit) that have become the foundation...

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...

Revisiting the Grillo Case

Revisiting the Grillo Case The Christina Grillo medical malpractice case reached a $2,500,000 settlement in Texas in 1990 – thirty years ago. Why is the case still important today? And why, like two other historical industry events which occurred in 1990 (the Uniform Periodic Payment of Judgments Act and the Americans with Disabilities Act),  is it worth revisiting? Most structured...

Case Study: Medical Malpractice

Medical Malpractice A regional hospital was handling a challenging medical malpractice claim involving a child diagnosed with cerebral palsy, epilepsy and significant developmental delays. Due to the nature of the claim, the life expectancy, medical cost projections, and valuation ranges were each hotly contested items. The Challenge As a result of years of low interest...