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 the myriad of public benefit liens, probate court involvement, present and future public benefit eligibility, life care planning, and settlement management planning. Resolving these issues can be as time consuming and difficult for the personal injury attorney as obtaining the actual settlement.
For over 30 years, Moschella & Winston has specialized in elder, disability, and special needs law. 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. Our lawyers have the experience and knowledge to 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. At Moschella & Winston, 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) and CommonHealth, Medicare, Veteran's benefits, and 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.
The government agencies have developed more comprehensive systems for medical benefit recovery and are now continuously expanding prospective recovery programs for future benefits. 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.
Because of our highly specialized expertise, 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. We will help ensure that injured parties receive a settlement that is structured to meet their current needs and is managed to protect their future well-being. When necessary, we can serve as trustees or co-Trustees, Trust Protector, or as trust administrators for family fiduciaries.
Let Moschella & Winston facilitate and safeguard your settlement proceedings and ensure the best outcome for all involved. No matter where you are in the process, we have the proven ability to protect you, your clients, and their families. You can trust us to sort out the settlement details so you can focus on your case, and we will provide peace-of-mind every step of the way. To learn more about our personal injury settlement support services, please contact us. We look forward to working with you proactively and creatively to give your clients the greatest advantage from their settlement or award.