As a trial attorney, you are likely to face this common scenario…
You're about to settle your client's personal injury case when suddenly other entities claim an interest in the settlement pie. You awake in a cold sweat at night wondering what other claims may surface and whether the settlement proceeds may unintentionally disqualify your client from public benefits he or she so desperately needs.
Attend this seminar to prevent sleepless nights. We'll cover a variety of issues impacting the settlement of a personal injury case, including a litigator's checklist of the pitfalls and land mines of liens, public benefits and private subrogation. Get ANSWERS to questions like: What claims are you required to address? Can you preserve some public benefits for your client and still accept the settlement? Stay up to date on recent developments involving workers' compensation, Medicare Set Asides, APIP and Medicaid, and how to address the restrictions imposed by various state and federal public benefit laws.
ALL IN AN EFFORT TO PRESCRIBE A REMEDY FOR SOUND SLEEP AFTER SETTLING YOUR PERSONAL INJURY CASE.
- Learn to anticipate, track down and prioritize liens that will affect the settlement.
- Analyze the difference between subrogation and liens, and what statutes of limitations exist for both.
- Follow practical fact patterns to better understand Medicare Set Asides.
- Delve deeper into the workers' compensation liens rules and find out how they affect your cases.
- Understand how settlement award monies can jeopardize the plaintiff's eligibility for government benefits and how to address it in settlement negotiations.
- Find out how supplemental needs trusts can help your clients keep the settlement award due to them.
- Gain practical tips for managing global vs. restricted settlements.
SSI, Medicaid and Supplemental Needs Trusts: A Recipe for Bad Dreams
9:00 - 10:00, Paul K. Isaac
- Eligibility for Medicaid, SSI and Public Benefits
- How to Avoid Unknowingly Disqualifying a Client
- What Expenses May be Legitimately Paid
Supplemental Needs Trusts: A Remedy to Avoid Bad Dreams
10:00 - 11:00, Edward V. Wilcenski
- Authority for Supplemental Needs Trusts
- Types of Supplemental Needs Trusts
- Payback vs. Nonpayback Special Needs Trusts
- Crafting an SNT and Implementing an SNT
- Pooled Trusts (When an SNT is not Practical)
Medicare Recovery Rights in Relation to Liability Insurance
11:15-12:30, Robert G. Trusiak
- Medicare Secondary Payor Statute (MSP)
- Right of Reimbursement Lien
- Double Damages and Penalties
- Ethical Concerns or Conflicts
- Sharing the Costs of the Tort Action
Medicare Set Asides: One Remedy to Avoid Nightmares
1:30 - 2:30, Paul K. Isaac
- To MSA or Not to MSA
- Practical Fact Patterns
- Rules and New Developments
- Avoid Client Headaches – The Professional Administration Option
Subrogation Versus Lien: No More Tossing and Turning
2:45 - 3:30, J. Michael Hayes
- Which Claims are Valid?
- Third-Party Recovery Rights and Intervention
- Attorney Fees and Ethical Considerations
- Reduced Recovery for the Client
- Status of Intervention
- Applicability of Statutes of Limitations
Global Versus Restricted Settlements: What Dreams May Come
3:30-4:30, J. Michael Hayes
- Pleadings and Notice to all Parties
- Application to all “Liens”