Special Needs Settlement Planning
When a family member becomes disabled as a result of injury or medical malpractice, dealing with the associated health, financial and legal issues can be overwhelming. Often, a lawsuit is filed seeking compensation for the injury. A large financial settlement may bring relief, but can also create additional challenges. Depending on the size of the award, it could disqualify your loved one from receiving need-based government benefits such as Medicaid and Supplemental Security Income (SSI).
At Falcon + Singer, we understand that your family member's quality of life is at stake, and you can count on our experience and compassion to guide you through the entire process of special needs settlement planning.
We assist plaintiff personal injury and medical malpractice attorneys, their clients, and structured settlement advisors in utilizing trusts to preserve need-based benefits.
Our services include:
- Preparation of an appropriate Special Needs Trust
- Preparation of necessary court pleadings seeking court approval of the Special Needs Trust as a repository for settlement or award proceeds
- motion papers
- affidavits
- briefs
- Appearance in court in support of request for use of Special Needs Trust, where requested by counsel or required by the court
- Consideration of factors that must be considered prior to completing the funding of Special Needs Trust and payment of attorney fees
- Guidance regarding compliance with Medicaid liens, Medicare liens, Medicare Set-Aside accounts and Qualified Settlement Accounts