vendredi 1 février 2013

The Value of Using Structured Settlements When Addressing Medicare Set Asides


The Value of Using Structured Settlements When Addressing Medicare Set Asides

The Medicare Secondary Payer statute (MSP), 42 CFR 411, requires that primary payers (carriers, self-insured entities) protect Medicare’s future interest when settling the medical component of workers’ compensation claims. Medicare’s preferred method to protect their interests is to include a Medicare Set-Aside Allocation (MSA) as part of the settlement. The MSA serves as the mechanism to fund future Medicare allowable expenses for work related injuries that were included as part of the settlement.  

The MSP statute clearly delineates that Medicare is a “secondary payer” in situations where primary payers exist. If the primary payer (carrier, self-insured entity) settles future medicals and fails to protect Medicare’s interest, Medicare may deny coverage.  

Medicare Set Aside Ensures Compliance

To comply with the MSP requirements, insurers create a Medicare Set Aside (MSA) agreement (also referred to as a MSA) which estimates the future Medicare allowable expenses relative to the work-related injuries. In certain circumstances, the MSA is submitted to Medicare for their review and approval. If Medicare concludes the MSA amount to be adequate, the insurer proceeds with the settlement which includes the MSA amount. The MSA funds are paid as part of the settlement to the injured employee.

Regardless of the age of the injured party, future medical costs are often times very significant.  It is not uncommon that MSA costs adversely inhibit the primary payers ability to move forward with settlement. While many insurers and self-insured entities pay MSA funds by way of a lump sum, it is often much more advantageous for all parties involved to address the MSA with the use of a structured settlement.

Structured Settlement Offers Many Advantages

A structured settlement is an annuity purchased from a life insurer and established to make annual payments of the MSA amount over the life-time of the employee.

The structured settlement of the MSA provides several benefits including:

·         Establishes the distribution of periodic payments for the MSA funds and assists in avoiding both a premature exhaustion of funds and/or the inappropriate use of the funds

·         Offers cost-containment benefits as the cost of the annuity is less than paying funds out as a lump sum

·         Assists in facilitating settlement in situations where money is freed up by purchasing an annuity for the MSA and can be utilized for the indemnity component of the settlement if required


A Medicare Set Aside Structured Settlement Example:

To see how a structured settlement saves money, consider the following hypothetical example.  The injured employee is a former motel maid Jane Doe, age 45, who injured her back lifting a heavy bag of trash.  She is morbidly obese, has diabetes, hypertension and gout.  She has had 3 unsuccessful back surgeries and is expected to be permanently and totally disabled.  Due to her on-going pain management treatment, medical appointments and narcotics, it is estimated that her medical care over her 30 year rated life expectancy will be $10,000 per year or $300,000 in total. There are two ways to pay for the future medical care.  The first way is to write Ms. Doe a check for $300,000.

The second way to pay for the MSA is through a structured settlement.  We first obtain a rated age (based on comorbidity factors) and evaluate the structured settlement quotes. After parties agree to terms on the settlement (including the structured MSA) and CMS review is completed (if applicable), settlement funds are disbursed.  

By structuring the MSA in this scenario, the total cost of the annuity was $225,000 to the carrier or self-insured entity and the injured party reaped the benefits of the annuity payout of $300,000 (includes the CMS required two-years of seed money and periodic payments that will be paid over the life of the annuity).  

The potential hard-dollar savings in the above hypothetical example is $75,000.  As this is an example, the savings could be actually greater/less all depending on a number of factors – size of MSA, comorbidity factors for rated age purpose and  rates of return on the annuity (tax free interest earnings on the annuity).    

To learn more about utilizing structured settlements when addressing MSAs, please contact us.


Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact:RShafer@ReduceYourWorkersComp.com.

Editor Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.

Can a Structured Settlement Transfer be Blocked by the Court?



Can a Structured Settlement Transfer be Blocked by the Court?

Many people rightfully think that the decision of how to best use their resources, like money, is theirs to make. This is especially true of annuities and structured settlements, although that might not actually be true. Many states have laws in place dictating how structured settlements are dealt with, especially transfers or sales. Can a court really block the transfer of a structured settlement? The most honest reply to that question is yes, the court can deny the transfer of a settlement, but there’s a little more to it than that.

A Little Investigating

You have to know about the history of the structured settlement brokerage industry to really know what’s going on. The predatory nature of some companies has caused many states and consumer advocates to hold a low opinion of structured settlement transfers. Preying on the desperate and needy, these companies convince them that the best option for their financial situation is selling their structured settlements.

Most states, however, now have laws on the books to protect consumers from these types of predatory companies. One of the immediate benefits of this is that all transfers or sales must go before a judge, who will determine if the transfer is in the payee’s best interests. In many cases, the judge denies the transfer, not allowing the sale to take place.

The Criteria for Denying a Transfer

The reasons for denying the sale or transfer of a structured settlement are many and varied. One of the most common reasons is that allowing the sale or transfer is “not in the payee’s best interests”. This can mean virtually anything, although there does seem to be mitigating factors. For example, there’s a good chance that the court will reject the transfer if the funding firm recommends that the payee seek legal counsel before entering into a transfer arrangement. The proposal will then be rejected if the court does not find proof of a real financial need on behalf of the payee.

Additionally, if the transfer is not deemed “fair and reasonable” the court may reject it. For example, chances are very good that they will not approve of the proposal if the funding firm offers a payout of only 50% of the total payments for the life of the settlement.

It is easy to see that there are many factors that could lead a court to reject the transfer of a structured settlement. Showing a real financial need, and working with a firm that’s offering fair terms, is your best defense against a court denying your sale.

personal injury lawsuit



If you were awarded monetary compensation from a personal injury lawsuit, it is likely in the form of a structured settlement. Unlike a lump sum payout that involves a one-time large payment, a structured settlement consists of much smaller payments that are made over the years. A structured settlement may also be referred to as an annuity. Although an annuity also refers to a policy that some people invest in for the future and for retirement, it is also used to pay structured settlement recipients. The way it works is this: When you are awarded financial damages, the insurance company that owes you the money purchases a policy from another insurance company, and that policy—which is an annuity—is what you actually receive your structured settlement payments from. If the long-term payments from your annuity are no longer enough to pay for the things you need to pay for, we can help. We purchased structured settlement annuity payments from people that would prefer to see their money in one lump sum installment. Unlike a loan, there is never any money to pay back because you are selling the rights to your future payments.

Are you interested in learning more about how an annuity buyout transaction can help? If you’d like to learn more about the settlement funding process or have any questions, please feel free to reach out us. Contact Peachtree Settlement Funding today to learn more about an annuity buyout transaction can get you the cash you need now.

You may be an annuitant if:

You purchased an annuity policy for retirement

You inherited an annuity policy from a loved one

You are the recipient of structured settlement payments
 
If the idea of selling all of your annuity payments doesn’t sit well with you, but you still need cash now, we can still be of assistance. Peachtree Settlement Funding can purchase just a portion of your annuity payments so that you receive the cash you need now without selling your entire payment stream. By doing this, you will still retain some of your future payments.

Are you the recipient of long-term annuity payments, but you need cash now? We can help! At Peachtree Settlement Funding, we can tailor an annuity buyout transaction that will suit your financial needs and get you the money you need as soon as possible. Contact us today for more information and to receive your free quote.

A lump sum option from Peachtree Settlement Funding



A lump sum option from Peachtree Settlement Funding gives you the ability to sell future payments and get the upfront payout you need now. Even though a long-term payment stream may have been the right choice initially, things in life can change. There are times you may need money to deal with an unforeseen situation that could not have been anticipated at the time you were awarded a structured settlement. However, that does not mean you are stuck receiving structured settlement payments. If you need money now to make a large purchase, Peachtree Settlement Funding can help by purchasing some or all of your periodic payments for a lump sum cash payout.
Are you interested in selling some or all of your structured settlement payments in order to make a large purchase, such as a home or car?  We can help! At Peachtree Settlement Funding, we purchase structured settlement payments from recipients that would prefer to receive their settlement in one lump sum. Contact us today to learn how you can receive the money you need to make a large purchase!

You may be a structured settlement recipient if you received monetary compensation resulting from any of the following types of lawsuits:

Personal injury

Medical malpractice

Premises liability

Wrongful death
Since 1996, Peachtree Settlement Funding has helped thousands of people nationwide with the sale of their structured settlement payment stream. Many people who come to us wanting to sell their long-term payments do so because they want to make a large purchase. Examples of large purchases that can be made with your lump sum payout include a home or a car. Additionally, you can use your cash to take care of debt, pay off medical bills, start a new business, pay for college, and so much more. If you’d like to experience more financial freedom by receiving some or all of your money upfront instead of waiting for it to trickle in periodically, contact Peachtree today.

  Are you receiving long-term payments from a structured settlement and you’d like cash now to make a large purchase? Peachtree Settlement Funding can help! Contact us today to find out how the settlement funding process can help you make the purchase of your dreams, and to receive your completely free, no-obligation quote

mercredi 19 décembre 2012

Lump Sum Benefits With Structured Settlements



If you’re attributable to begin receiving <b><a href= “http://www.sovereignfunding.com/about-us/”>lump sum cash settlement</a></b> over an extended amount of your time, likelihood is that you’d otherwise be paid out all quickly. In a very heap of cases, an individual United Nations agency receives a settlement supply in a very claims case or personal injury suit is banking on the cash awarded in court to offset their medical, legal, and typically mental state bills. A structured settlement disbursement merely isn’t AN choice for many recipients that area unit beneath the gun to hide such overpriced prices right away once they’ve skillful a fashionable legal battle for his or her winnings.

In these cases, there are unit nice choices to <b><a href= “http://www.sovereignfunding.com/services/sell-your-structured-settlement/”>sell my structured settlement</a></b> awards to money establishments and insurance corporations that modify payment payouts for settlements. Once commerce your structured settlement, the primary issue to understand is that you just can solely receive most of your settlement supply in a very payment payout. the client can charge the settlement recipient a fee for exchanging their cash along with your disbursement (which could last months or years), that means they’ll got to offset the value of this delayed investment by holding onto a number of the funds you have been awarded.

<b>Long Term Security, With No Surprises</b>

To recipient, United Nations agency could expire is that the long run financial gain supply which will not bring any quite surprises to you. Payments could return monthly throughout time period of an inspiration. A solely risk is that company that has to do payments could become bankrupt. Profit depends on time, whereas you’ll purchase the structured settlement. As settlements area unit the investment instruments like alternative, general economic scenario could have an effect on greatly on costs. In case, you’ll be able to purchase that as discount, then it’s one good buy.

<b>How Payments area unit Calculate?<b>

As said, area unit whole supported court call and just in case, reason is compensating many injury that somebody has caused to a different, target is paying for future injury care. Remunerator is usually the no depository financial institution. In these cases, there are unit nice choices to sell awards to money establishments and insurance corporations that modify payment payouts for settlements. In these cases, there are unit nice choices to sell awards to money establishments and insurance corporations that modify <b><a href= “http://www.sovereignfunding.com/about-us/”>lump sum cash settlement</a></b>. Once commerce your structured settlement, the primary issue to understand is that you just can solely receive most of your settlement supply in a very payment payout. the client can charge the settlement recipient a fee for exchanging their cash along with your disbursement (which could last months or years), that means they’ll got to offset the value of this delayed investment by holding onto a number of the funds you have been awarded

Advantages of Buying Structured Settlement Annuities Straight through Unique Annuitant Advantages of Buying through Annuitant


Anytime a person annuitant, who’s getting regular obligations below the Structured Settlement, wants to sell a few or even all their long term obligations for any group amount of cash, the actual cash moves can be purchased in a low cost as a swap for that group amount repayment. This particular reduced Structured Settlement is actually after that on sale towards the Customer. This fashion associated with acquiring the actual repayment channels in a low cost straight in the vendor is actually the way the Customer obtains really advantageous produces. This particular deal is usually caused with a monetary agent with respect to the vendor (or annuitant) and also the customer.

These types of structured settlements usually generate a lot more than twice the actual annual prices associated with City and county or even Business Provides, Financial institution Released Records associated with Down payment (CD), or even Federal government Released Treasury Investments. Traders can easily buy a good annuity straight through a good insurance provider, however these types of Immediate Annuity Opportunities tend to be supported through the exact same insurance providers since the Structured Negotiations organized with a agent, plus they are usually came from along with big product sales costs or even profits, and gives considerably reduce produces.

The actual main advantages of buying these types of structured settlement annuities tend to be:

1. Customer gets considerably greater produces compared to Customer may safe through equivalent set price opportunities.

two. Customer gets a set earnings on the described time period, in line with the particular guidelines from the bought Structured Settlement.

3. Customers may obtain this particular resource to improve the actual produces within individual holdings, to maximise earnings from pension, in order to protect primary money for hard times. They may be bought through people, pension programs, business organizations, fundamentals, trusts, via expense night clubs, or even team expense company accounts.

four. The actual Structured Settlement is actually supported or even backed through annuity agreements released with a ranked insurance company. The actual insurance company which released the actual annuity agreement is actually condition controlled and can usually possess a Regular & Bad credit score in between “A-” via “AAA”.

5. Customer offers manage through the expense procedure; Customer gets task from the Structured Settlement repayment privileges straight in the vendor with an authorized courtroom authorization procedure, and also the Customer gets the near future cash moves straight in the ranked insurance provider that’s required to create the actual obligations. Never throughout the lifecycle from the resource if the agent possess ownership, or even manage, from the Customer cash.

Factors of buying through Annuitant

1. The actual deal procedure allows for the courtroom purchase from the resource straight in the Vendor towards the Customer. The actual agent doesn’t personal the actual Structured Settlement repayment privileges, and really should not really obtain, maintain, or even pay the buyer cash. This isn’t the account, and also the Structured Settlement obligations are created straight to the actual Customer in the insurance coverage organization.

lundi 10 décembre 2012

Peachtree Settlement Funding Purchases Long-term Payments from Structured Settlements



If you are receiving long-term payments from a structured settlement, you are likely familiar with how it can sometimes be frustrating when you are unable to access all of your money. The steady stream of payments might have been sufficient for a while, but perhaps an emergency has come up that has resulted in the need to tap into that money sooner, rather than later. Or maybe you don’t want your money now for anything other than the fact that you’d like to make a large purchase—such as a home or car. That is how Peachtree Settlement Funding can help you. We purchase structured settlement payment streams from people that need a larger lump sum payout and need cash to take care of things for which the smaller, periodic payments are often not enough.
Would you like to find out more about how you can sell the payments you’re receiving from a structured settlement? We can help! At Peachtree Settlement Funding, we have completed thousands of settlement funding transactions nationwide, by purchasing long-term payments from structured settlements and providing people with the lump sum payout they need now. Contact us today to learn more and to receive your completely free quote!
 
Pending court approval, the lump sum payout you receive from Peachtree Settlement Funding can be used for a number of things, including, but not limited to:

Large purchases, such as a home or car

Retiring early or taking a vacation

Taking care of daily expenditures that have accumulated as a result of a job loss and/or accident

Paying for expenses, such as bills, debt, loans, mortgages, car payments, and medical costs

Peachtree Settlement Funding purchases periodic payments from structured settlements in different ways. In other words, although you can sell all of your long-term payments to receive you cash now, you don’t have to. You have the option of selling as much—or as little—of your payment stream as you wish. It is ultimately up to you and how much you would like to receive now versus how much you would prefer to save for the future. At Peachtree Settlement Funding, we can explore the various settlement funding options that are available to you and help you decide the ideal course of action for you to take, based on your payment stream and your financial needs.
Do you need additional information about the sale of a structured settlement payment stream? We have over 16 years of experience in purchasing long-term payments from structured settlements for a lump sum of cash. Contact Peachtree Settlement Funding today to find out more about selling some or all of your structured settlement payments for a lump sum cash payment.