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RETURN TO EPS SETTLEMENTS
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Transfer of Payee in Structured Settlement
IRS statement that the payee of a structured settlement which is transferred without consideration will not effect the favorable income tax treatment under IRC 104(a)(2), This technique, as explained in this attachment, can be useful in settlement negotiations and estate tax planning.
New York State trial court anti-factoring decision.
New York State Court rules that structured settlement cannot be factored due to “no-assignment” provision in the settlement contract.
A Cautionary Note Pertaining to Retention of Supplemental Security Benefits
In the drafting of settlement agreements and court orders, as well as in the administration of special needs trusts, it is necessary to consider the SSI rules so that the payments are not considered available income or available resources to the beneficiary.
SSI and Supplemental Needs Trusts.
Supplemental Needs Trusts and SSI POMs.
SSA Letter Re: Assignment of Payments to a Supplemental Needs Trust.
This letter is in response to our request for assurance that periodic payments irrevocably assigned to a special needs trust does not create any attribution of income to an SSI and/or Medicaid recipient. The cause for the need for assurance was that certain attorneys were erroneously claiming that periodic payments, even irrevocably assigned to an SNT, create SSI/Medicaid eligibility problems. Jay J. Sangerman has prepared a memorandum for Allstate on this issue.
Proper planning for a tort settlement and payments into an SNT is a well-planned allocation between a structured settlement and upfront cash. In order to accomplish the allocation, an analysis is necessary of the beneficiary’s immediate needs vs. long-term needs, as well as how the
trust, in the particular circumstances, would be best managed,
Special Needs Trusts as a useful tool in the settlement of cases.
This is a detailed outline for professionals.
Medicaid Liens: When, and under what circumstances, do they need to be repaid?
The attached outline explains the rules and procedures for considering
the effect of Medicaid liens.
Medicare Set-Aside Trusts
Supplemental Needs Trust for Tort Claims
Supplemental Needs Trusts for the Settlement of Tort Claims, Estate Planning and Protection of Inheritances
Negotiating and Settling the Medicaid Lien
Special Needs Trusts: A State to State Analysis
First Party Supplemental Needs Trusts - An Article from the New York Law Journal
Current Developments In Special Needs Trusts
Structuring of Attorney Fees
Medicaid Liens and Recoveries. Do Liens Need to be Settled Prior to the Establishment of the Supplemental Needs
Attorney's liability to reimburse Medicare for payments made on client's behalf
Supplemental Needs Trusts -Trusts for Disabled
This article is intended to be a brief description of the two basic types of Supplemental Needs Trusts.
Supplemental Needs Trusts for the Settlement of Tort Claims, Estate Planning and Protection of Inheritances.
This is an extensive outline intended for attorneys and other professionals. The article discusses the drafting of Supplemental Needs Trusts and the intricacies of settlement of personal injury and medical malpractice actions with the use of Supplemental Needs Trusts. The article also discusses the settlement of Medicaid liens.
New York State Medicaid Financial Threshold Checklist and Penalty Period Calculations
Jay J. Sangerman, Esq. is qualified by the State of New York to offer Continuing Legal Education in the use of Supplemental Needs Trusts and Special Needs Trusts by personal injury and medical malpractice attorneys. Mr. Sangerman is also qualified by the Department of Insurance of the State of New York to offer Continuing Education to the insurance industry.
Jay J. Sangerman, PLLC is not associated with the “Special Needs Alliance.”
RETURN TO EPS SETTLEMENTS
JAY J. SANGERMAN, ESQ.
Jay J. Sangerman, PLLC
60 East 42nd Street - Suite 650
New York, New York 10165
Telephone (212) 922-0711
Facsimile (212) 922-0709
4115 NW 60th Circle
Boca Raton, Florida 33496
561-989-9095
Jay J. Sangerman & Associates
Lanidex Executive Center
100 Misty Lane
Parsippany, New Jersey 07054
(973) 739-9055
TURN TO SANGERMAN INDEX FOR MORE ARTICLES
Last Updated: November 19, 2003
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