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Liability Medicare Set-Aside Arrangements

Introduction and Background Unlike Workers Compensation Medicare Set-Aside (WCMSA) Arrangements, which Independent Life has written about in two prior articles (Part 1) and (Part 2), almost no regulatory authority exists for Medicare set-aside arrangements (MSAs) in third party liability settlements. The Medicare Secondary Payer (MSP) Act, enacted in 1980, requires certain insurers, including liability, automobile,...

Workers Compensation Medicare Set Aside Arrangements – Part 2

Introduction Medicare Secondary Payer experts, including structured settlement and settlement planning professionals whose practice regularly focuses on Medicare Set Aside (MSA) Arrangements, have spent the past couple of weeks analyzing how a recent announcement by the Centers for Medicare and Medicaid Services (CMS) will impact liability MSAs. On October 13, 2022, without explanation, CMS withdrew...

PFAS Litigation and Settlements – A Structured Settlement Opportunity?

PFAS chemicals, litigation and settlements have received considerable attention during the past several years – everywhere it seems except within the structured settlement and settlement planning markets. What are PFAS chemicals and why should they matter to members of NSSTA, AASC and SSP?  Per- and polyfluoroalkyl substances (PFASs), also known as “forever chemicals”, are a...

Re-cycled Structured Settlement Payment Rights

Historically, most investors who purchase structured settlement payment rights from factoring companies are sophisticated investors, wealthy individuals or financial institutions. Ironically, some of these investors are life insurance companies who also sell structured settlement annuities. Typically, these investors are taxed on the income generated by these investments even when the claimant who originally owned the...

ABLE Accounts + Structured Settlements, Now a Possibility?

Since The ABLE Act created IRC 529A in 2014, ABLE accounts have become popular financial and settlement planning tools for qualifying disabled individuals. The ABLE Act allows states to create tax-advantaged savings programs for eligible people with disabilities that began prior to age 26. Funds from these 529A ABLE accounts can help designated beneficiaries pay for qualified disability expenses. Distributions are...

Case Study: Wrongful Termination

Case Study: Wrongful Termination A 50-year-old black male truck driver filed a wrongful termination and discrimination case against his employer citing the reasons for his firing were unlawful. In addition, his employer, the trucking company, attempted to classify him as a 1099 independent contractor when he should have been classified as a W-2 employee.  ...