The Settlement Alliance

Categories

Latest Blog Posts By Category

Attorney Fee Deferral

Answers to Your Top Attorney Fee Deferral Questions Dec 4, 2017

As 2017 comes to an end, we’ve rounded up our most frequently asked questions about attorney fee deferrals. From choosing a payee to determining the tax consequences, here is everything you need to know to take advantage of a financial opportunity ...

Claimants’ Top 3 Settlement Questions, Answered May 19, 2017

Depending on the complexity of a claimant’s case, attorneys sometimes spend years working to achieve a positive outcome. While settlement represents the closure of one chapter, it can also bring up a host of concerns for the claimant. Here are three ...

Attorneys: Are You Minimizing Your Tax Obligations? Apr 17, 2017

Today is the deadline to file 2016 tax returns and once again, you may have found yourself stuck with a large tax obligation. Every year, thousands of attorneys pay more in taxes than they need to because they haven’t explored all of their tax ...

If an Attorney Wants to Structure Fees, Does the Claimant Also Have to Structure? Mar 28, 2017

Structured attorney fees can be an excellent strategy for an attorney who wants to spread out their tax burden over time or add a stable source of reliable income to a retirement portfolio. The ability to structure fees must be included in the ...

Government Benefit Protection

Are You Failing to Retain your Own Settlement Planning Expert? Jan 19, 2018

When it comes to settlement, each side should engage their own experts. The claimant is entitled to representation by a plaintiff-loyal settlement professional, rather than relying solely on a defense broker engaged by the liability insurer or ...

Protecting Government Benefits with a Pooled Trust Dec 28, 2017

Disabled individuals who are awarded injury settlements under $500,000 may experience financial consequences with lifelong implications. Those who receive needs-based government benefits (e.g., Medicaid, SSI) will likely lose benefit eligibility if ...

What are ‘Entitlement Benefits’—and Will a Settlement Recovery Impact Eligibility? Dec 1, 2017

There is considerable misinformation about what the word “entitlement” means in the context of government benefits and how a settlement will impact those benefits. The following is a quick breakdown of which programs qualify as “entitlement benefits” ...

The New Liability MSA Policy: What You Need to Know Sep 20, 2017

For years, plaintiff attorneys and settlement planning professionals have operated under a set of unclear assumptions when it came to liability settlements and future medicals for Medicare beneficiaries. While the rules are still unclear, the Centers ...

Lien Resolution & Medicare

Qualified Settlement Funds: A Favorable Option for Both Sides Jan 12, 2018

Qualified Settlement Funds (also referred to as “QSFs” or 468B trusts ) are often the preferred option for resolving settlements involving multiple claimants. While QSFs provide many benefits for claimants, there are also certain characteristics that ...

The New Liability MSA Policy: What You Need to Know Sep 20, 2017

For years, plaintiff attorneys and settlement planning professionals have operated under a set of unclear assumptions when it came to liability settlements and future medicals for Medicare beneficiaries. While the rules are still unclear, the Centers ...

Is a Settlement Planner Necessary When Your Client Doesn’t Want to Structure? Aug 4, 2017

A commonly held belief in the legal community is that settlement planners only provide structured settlement services. Unfortunately, subscribing to that misconception may result in missed opportunities to resolve your client’s settlement in a manner ...

Why is it Advantageous to Fund an MSA with a Structured Settlement? Aug 3, 2017

When a Medicare beneficiary anticipates receiving a settlement including funds for future medical costs, their first question is typically: how will the settlement affect my Medicare eligibility ? Because Medicare is an entitlement benefit (i.e. it ...

Mass Tort Settlement

What is the Difference Between a Mass Tort and a Class Action? Dec 20, 2016

When a large number of individuals (claimants) experience physical or financial harm resulting from the actions of the same defendant(s), it may make sense to group all of their lawsuits together. Mass torts and class action lawsuits are two of the ...

What Should You Expect From a Qualified Settlement Fund Administrator? Jun 8, 2015

Once a settlement is reached, it is important that each claimant has the time to make well-informed decisions about how to handle their portion of the recovery. In order for that to occur, neither the plaintiff law firm(s) nor the claimant(s) can ...

What Do My Mass Tort Clients Need to Consider? Nov 6, 2014

Mass tort cases can involve hundreds, sometimes thousands of claimants. Some claimants may have minor injuries, while others may have experienced life-altering injuries or the death of a loved one. For those receiving a settlement as the result of a ...

Minors' Settlements

Are Structured Settlements Beneficial for Claimants of Any Age? Feb 1, 2018

Structured settlements are an excellent tool for preserving settlement proceeds in a tax-favored financial vehicle. With their flexible design, the injured claimant can select a plan to provide monthly, quarterly, semi-annual or annual payments, and ...

Are Structured Settlements a Good Option for Minor’s Cases? Sep 7, 2017

When it comes to minors’ cases , courts have strict requirements about how to handle settlement proceeds. Registries of the court, surrogate bank accounts, and blocked savings accounts are among the most popular options for protecting a minor’s ...

Read This Before Settling Your Next Minor’s Case May 12, 2017

One of our attorney clients recently expressed frustration that for minors’ cases, a registry of the court seemed like the only viable option for settlement. Registries of the court, surrogate bank accounts, and blocked savings accounts are all safe ...

Minors and Structured Settlements Mar 10, 2017

Injury cases involving minors often involve the strictest settlement requirements. Because minors are considered unable to make their own financial decisions, courts typically lean towards conservative financial approaches. One of the most common ...

Qualified Settlement Funds

Qualified Settlement Funds: A Favorable Option for Both Sides Jan 12, 2018

Qualified Settlement Funds (also referred to as “QSFs” or 468B trusts ) are often the preferred option for resolving settlements involving multiple claimants. While QSFs provide many benefits for claimants, there are also certain characteristics that ...

What is a Qualified Settlement Fund and Why is it Useful? Dec 18, 2017

Each individual involved in a multi-claimant case has unique medical needs, financial circumstances, and issues that could potentially delay the resolution of the settlement. A qualified settlement fund (QSF) is a financial tool that provides a ...

The Rita’s Cool Alerts Settlement: Choosing the Wrong Claims Administrator Can Cost You Sep 25, 2017

The decision to choose a claims administrator to manage a mass tort or a class action settlement may seem routine, but as is the case with any other line of business, the service quality differs with each company. As attorneys in Pennsylvania ...

What is the Difference Between a Mass Tort and a Class Action? Dec 20, 2016

When a large number of individuals (claimants) experience physical or financial harm resulting from the actions of the same defendant(s), it may make sense to group all of their lawsuits together. Mass torts and class action lawsuits are two of the ...

Recent Legal Rulings

Big News for Liability Medicare Set-Asides (LMSAs) May 5, 2017

Over the past several years, requirements for Workers’ Compensation Medicare Set-Asides (WCMSAs) have been somewhat well-established. The Centers for Medicare and Medicaid Services (CMS) now routinely update their WCMSA Reference Guide , providing ...

CFPB Releases Warning on Factoring Transactions Apr 10, 2017

On April 9, 2017, the Consumer Financial Protection Bureau (CFPB) released a letter warning consumers about the dangers of factoring transactions. The warning, in part, states: You could receive much less cash than your settlement is worth. Dealing ...

Think Your Constitutional Rights are Guaranteed? Think Again. Jan 27, 2015

For more than 200 years, the Seventh Amendment has given ordinary citizens the right to a jury trial, even when facing the most formidable of opponents. In the eyes of the courts, a young mother fighting for her child injured during delivery is ...

The New IRS Private Letter Ruling: What Does it Mean for Claimants Who Want to Structure? Sep 16, 2014

Last week, the IRS released a Private Letter Ruling that included a section regarding the entrance of an annuity provider (presumably) into the secondary structured settlement market. This section reads, Separate from the Qualified Assignment and ...

Settlement Planning

Why Structuring SMALL Settlements Can Mean BIG Benefits: Case Examples Feb 23, 2018

It is understood that structured settlements are a safe financial vehicle widely used for injury victims receiving large settlements. As settlement planners, we are frequently asked if it is also appropriate to structure smaller settlements. The ...

Are You Failing to Retain your Own Settlement Planning Expert? Jan 19, 2018

When it comes to settlement, each side should engage their own experts. The claimant is entitled to representation by a plaintiff-loyal settlement professional, rather than relying solely on a defense broker engaged by the liability insurer or ...

Settlement Planner Spotlight: Claudine Homolash, Esq. Jan 4, 2018

Primary Office Location: Philadelphia, PA What line of work were you in before you became a settlement planner? I was a practicing attorney in the field of plaintiffs’ product liability and personal injury litigation. What do you enjoy most about ...

Protecting Government Benefits with a Pooled Trust Dec 28, 2017

Disabled individuals who are awarded injury settlements under $500,000 may experience financial consequences with lifelong implications. Those who receive needs-based government benefits (e.g., Medicaid, SSI) will likely lose benefit eligibility if ...

Special Needs Trusts

Are You Failing to Retain your Own Settlement Planning Expert? Jan 19, 2018

When it comes to settlement, each side should engage their own experts. The claimant is entitled to representation by a plaintiff-loyal settlement professional, rather than relying solely on a defense broker engaged by the liability insurer or ...

Qualified Settlement Funds: A Favorable Option for Both Sides Jan 12, 2018

Qualified Settlement Funds (also referred to as “QSFs” or 468B trusts ) are often the preferred option for resolving settlements involving multiple claimants. While QSFs provide many benefits for claimants, there are also certain characteristics that ...

Protecting Government Benefits with a Pooled Trust Dec 28, 2017

Disabled individuals who are awarded injury settlements under $500,000 may experience financial consequences with lifelong implications. Those who receive needs-based government benefits (e.g., Medicaid, SSI) will likely lose benefit eligibility if ...

Is a Settlement Planner Necessary When Your Client Doesn’t Want to Structure? Aug 4, 2017

A commonly held belief in the legal community is that settlement planners only provide structured settlement services. Unfortunately, subscribing to that misconception may result in missed opportunities to resolve your client’s settlement in a manner ...

Spend Down

Will a Spend Down Save Your Client's Benefits? Aug 1, 2016

People who rely on public benefits to meet their medical needs can run into trouble if they receive a settlement. When determining eligibility for basic Medicaid and/or Supplemental Security Income (SSI), assets are typically limited to $2,000 for ...

Structured Settlements

Why Structuring SMALL Settlements Can Mean BIG Benefits: Case Examples Feb 23, 2018

It is understood that structured settlements are a safe financial vehicle widely used for injury victims receiving large settlements. As settlement planners, we are frequently asked if it is also appropriate to structure smaller settlements. The ...

Are Structured Settlements Beneficial for Claimants of Any Age? Feb 1, 2018

Structured settlements are an excellent tool for preserving settlement proceeds in a tax-favored financial vehicle. With their flexible design, the injured claimant can select a plan to provide monthly, quarterly, semi-annual or annual payments, and ...

Are You Failing to Retain your Own Settlement Planning Expert? Jan 19, 2018

When it comes to settlement, each side should engage their own experts. The claimant is entitled to representation by a plaintiff-loyal settlement professional, rather than relying solely on a defense broker engaged by the liability insurer or ...

Qualified Settlement Funds: A Favorable Option for Both Sides Jan 12, 2018

Qualified Settlement Funds (also referred to as “QSFs” or 468B trusts ) are often the preferred option for resolving settlements involving multiple claimants. While QSFs provide many benefits for claimants, there are also certain characteristics that ...

Trusts and Wealth Management

What is a Pooled Trust Account? Feb 15, 2017

If you have a loved one with a disability, you may have heard of special needs trusts (SNTs). When a disabled individual who is on needs-based benefits (e.g. SSI, Medicaid, etc.) receives an injury settlement, a special needs trust can help preserve ...

What Happens to Trusts for Minors? Dec 14, 2016

When money is reserved for a minor—whether as the result of a settlement or an inheritance—the primary goal is to make sure that they money is there when it’s needed. A trust is one of the best ways to protect funds for a minor. Here are the basics ...

The 3 Types of Special Needs Trusts You Should Understand Aug 3, 2016

A disabled individual who receives a settlement may face certain consequences if the settlement is accepted as a lump sum. First Party Special Needs Trusts A first party special needs trust (sometimes referred to as a “(d)(4)(a) trust” ) is funded ...

Which Type of SNT is Right for Your Disabled Client? Sep 14, 2015

An individual who receives money from a personal injury settlement has a number of important considerations when it comes to how the funds will be distributed. For those on needs-based government benefits such as Medicaid and SSI, the additional ...

Uncategorized

Probate and Settlement: Is Your Client Legally Authorized to Participate? Feb 28, 2017

There are a number of issues that can arise during settlement, not the least of which is matters surrounding probate . Probate laws vary by state and within each state, county probate courts have their own sets of rules and procedures. Settlements ...

We are proud to partner with the highest rated structured settlement providers in the industry:

  • American general Life Companies
  • Berkshire Hathaway Structured Settlements
  • Liberty Life Assurance Company of Boston
  • MetLife
  • Mutual of Omaha
  • New York Life
  • Pacific Life
  • Prudential