About The Firm » What is Special Needs Settlement Planning?
Special Needs Settlement Planning is a niche practice focusing exclusively on the services a trial lawyer and injury victim may need at settlement of a complex case. It includes traditional advisement regarding needs based public benefit programs and the techniques to protect eligibility for those programs using special needs trusts ("SNT"). However, it also involves problem solving techniques for the increasingly complex issues faced at settlement. This includes advisement regarding compliance with the Medicare Secondary Payer Act ("MSP") and the potential creation of a Medicare Set Aside ("MSA"). Settlement planning issues are also explored including allocation of funds between different settlement vehicles; creation of settlement trusts and advisement regarding compliance with state and federal law regarding payee and beneficiary designations. Finally, it entails assisting with the court approval process and obtaining court approval of trusts established at settlement. The settlement of an injury case oftentimes leads to complex lien resolution issues which are another practice area for the firm.