Settlement Support Services
At Moschella & Winston, we work with personal injury attorneys and other professionals in maximizing the value of the settlement or judgment for the injured, disabled, and their families. Personal injury cases are complex and many components have a major impact on the outcome for the client, including:
- Public benefit liens
- Probate court involvement
- Present and future public benefit eligibility
- Life care planning
- Settlement management planning
Resolving these issues can be as time consuming and difficult for the personal injury attorney as obtaining the actual settlement. Our attorneys are experts in public benefits eligibility, special needs planning, special needs trusts, tax issues, probate, and supporting trial-court and worker's compensation settlement approval. We ensure that entitlement and needs-based public benefits are protected and any claims against the settlement are resolved so that when the personal injury attorney closes the file, it stays closed.
Many lien, public benefit, and management factors need to be addressed at the time of settlement and often should be considered at the onset of the case. We consult with attorneys, the injured, and their families to make these decisions and can follow the case from beginning to end. We can advise you on how to minimize liens and use the best methods to structure a settlement or jury award. When the client is incompetent and requires court approval for settlements and trust creation, we prepare or assist in preparing the necessary documents.
The centerpiece of settlement planning is often a special or supplemental needs trusts, but the programs and trust models can vary from case to case. Our services go far beyond document drafting. We provide a detailed summary of government benefits currently received, benefits not utilized, and the impact the settlement will have on eligibility, potential liens, and future care. We can explain the various care plan options to your clients and their family and ensure their settlement monies are used to meet their special needs for housing and care services.
Government benefit program requirements are not coordinated, and certain programs differ from state to state. We regularly work with individuals who receive:
- Supplemental Security Income (SSI)
- Social Security Disability Insurance (SSDI)
- MassHealth (Medicaid)
- CommonHealth
- Medicare
- Veteran's benefits
- Public housing subsidies
Aside from ongoing and potential eligibility when a settlement is received, both Medicaid and Medicare have third-party payor recovery rules, and Medicare is expanding its current prospective benefit Set Aside Arrangements for Worker’s Compensation cases to include third-party liability settlements.
It is necessary to protect the government’s interest in a third-party recovery, and this duty carries ongoing personal liability not only for the injured who receives the benefits, but also for the personal injury attorney, insurer, and even medical providers who receive reimbursement. By properly managing the settlement for your client, we protect you in the process.
We are often called upon to serve as expert witnesses in cases involving trusts and estates. We also coordinate with a network of service providers, including accountants, financial planners, care managers, home health aids, and social workers, which allows your clients to manage all of their needs in one place. When necessary, we can serve as Trustees or co-Trustees, Trust Protector, or as trust administrators for family fiduciaries.
To learn more about our personal injury settlement support services, please