Summarized below, are services which Jay J. Sangerman, PLLC provides to plaintiff and defense attorneys to assist in the completion of their matters:
1. Participation in settlement conferences: we explain the Medicaid and Supplemental Security Income (SSI) implications of the proposed settlement. Whether on the plaintiff or defense side, we can assist in explaining to the plaintiffs the use of a special needs trust for the placement of the settlement proceeds and the interaction between the special needs trust and the structured settlement. Our participation can assist in case settlement, as well as expediting the settlement.
2. Evaluation of the Medicaid and Medicare liens: we help obtain the amount of the liens and analyze those items which may not be properly subject to a lien, as well as assist in negotiation of the liens. As to Medicare, we also help determine whether there is a need for a Medicare Set-Aside arrangement.
3. After the settlement, meeting with plaintiffs and their attorney to explain the special needs trust and to help understand the clients understand the use of the structured settlement, if there is to be one, and the benefits of the special needs trust.
4. Assisting attorneys in developing a plan for the placement of the settlement proceeds. Evaluating whether there should be a special needs trust and whether there should be a structured settlement.
5. Drafting, or reviewing, of the infant’s compromise order to assure compliance with IRC 104 (a)(2) and 130 (c), as well as the Medicaid and SSI rules.
6. Drafting of the supplemental/special needs trust and having it approved by the appropriate Medicaid agency, as well as the Social Security Administration, if the plaintiff is a recipient of Supplemental Security Income.
7. Representation for the appointment of a guardian pursuant to Article 81 of the Mental Hygiene Law or Article 17 or 17A of the Surrogate’s Court Procedure Act.
8. Drafting of Wrongful Death petitions and representation in court for the approval of the settlement, as well as representation for the entire estate proceeding.
9. When a corporate fiduciary (trustee or guardian) is appropriate, we assist in the selection of such corporate fiduciary and introduce the plaintiffs to appropriate trust officers.
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