In re MARRIAGE OF CHRISTOPHER WASHKOWIAK – Is an MSA a marital asset subject to division? Apparently yes in Illinois
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Wife awarded 17.5% of funds set aside in a WCMSA as part of a marital dissolution upheld by Illinois appellate court.
Wife awarded 17.5% of funds set aside in a WCMSA as part of a marital dissolution upheld by Illinois appellate court.
Smith involves the approval of a Medicare set aside in a Longshore/Jones Act matter. It is another in the line of orders that seemingly presume that MSAs are required in settlements pursuant to the MSP. It is an important decision because it provides a path to total MSP compliance when CMS has refused to review a proposed MSA.
When a Medicare Set Aside is implemented, there are different options as far as how they are administered. The injury victim can self administer the set aside. In the alternative, a professional administrator can be hired. This may be through a custodial arrangement or a trust.