The
Special Needs Trust
Preserving
S.S.I. and Medicaid Eligibility in Personal Injury Settlements
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Your
client's settlement can terminate their S.S.I. and Medicaid eligibility.*
When...
- A
lump sum cash settlement exceeds $2,000
- A
structured settlement monthly payment exceeds $545 per month
- A
spousal cash settlement or structured settlement exceeds $2,000
or $545 paid monthly
- A
minor dependent's cash settlement or structured settlement exceeds
$2,000 or $545 paid monthly
- A
future distribution by a bank or personal trustee is non-compliant
under 42 U.S.C. 1396p(d)(4)(A)
Permanent
disqualification...
- An
annuity or U.S. Treasury security funded structured settlement
can terminate your client's eligibility to receive S.S.I. And
Medicaid benefits for the rest of their life!
How
to avoid the pitfalls...
- The
SPECIAL NEEDS TRUST, established under U.S.C. 1396p(d)(4)(A),
is one means by which your client can maintain their S.S.I. And
Medicaid eligibility
- The
annuity or U.S. Treasury security structure, when properly blended
with the Special Needs Trust, is another
- Plaintiff
counsel should consult with an OBRA qualified consultant before
entering settlement negotiations. The wrong settlement terms can
terminate the plaintiff's S.S.I. And Medicaid eligibility for
life
*
Amount may vary depending on state venue and financial profile
Your
obligation and S.S.I. And Medicaid Eligibility
The
obligation to inform...
- At
the time of settlement when the plaintiff is then receiving S.S.I.
And Medicaid benefits, legal counsel has an obligation to inform
their client about how the settlement will affect the client's
right to continue receiving S.S.I. And Medicaid benefits
- At
the time of settlement when the plaintiff is not then receiving
S.S.I. And Medicaid benefits, counsel has an obligation to inform
their client about how the settlement will affect their client's
right to later apply for and receive future S.S.I. And Medicaid
benefits
Termination
of S.S.I. And Medicaid eligibility...
- Failure
by legal counsel to properly inform their client how the settlement
will affect the client's S.S.I. And Medicaid eligibility, both
today and/or in the future, is considered grounds for a malpractice
complaint
A
serious issue...
- The
loss of S.S.I. And Medicaid benefits for some plaintiffs is the
loss of a significant financial resource. In some cases, the loss
can be catastrophic in amount
Call
Summit Structured Settlements before entering into settlement negotiations
Why
call Summit Structured Settlements...
- Summit
Structured Settlements is your access to a qualified OBRA expert
for technical and procedural information
- Summit
Structured Settlements associates are long experienced advisors
in personal injury settlement negotiations where S.S.I. And Medicaid
issues are involved
- Summit
Structured Settlements will deliver all the required legal and
trust services and will arrange the installation of the SPECIAL
NEEDS TRUST on your client's behalf
Why
retain Summit Structured Settlements...
- When
you retain Summit Structured Settlements, it is our position as
your supporting expert that protects you from due diligence issues
AVOID
THE PITFALLS
Call
your consultant at Summit Structured Settlements to review your
case before entering settlement negotiations.
There
is no charge for a pre-settlement case assessment.
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