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Vaccines & Litigation Issues - NEW RINGLER RADIO SHOW
APRIL 14, 2008 -- Vaccinations have been the first line of defense against illness for children. Now questions are being raised about complications resulting from vaccinations and a possible connection to autism. In fact, hundreds of lawsuits have been filed under the National Vaccine Injury Compensation Program. Join Ringler Radio host, Larry Cohen and co-host Dennis English from...
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*Structured Settlement Survey* new RINGLER RADIO SHOW
Knowledge is definitely power and the financial services industry needs to better educate consumers on the benefits and attributes of structured settlement products. Ringler Radio host, Larry Cohen, welcomes special guest, Bobby Steele, President of AIG American General Structured Settlements, as they look at the results...
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Employment Lawsuits - New RINGLER RADIO Show
March 31, 2008 -- As the landscape of employment has dramatically changed, so have the issues regarding employment lawsuits. Ringler Radio host, Larry Cohen, alongside co-host, Tony Robinson, from Ringler’s Seattle office, welcome special guest, Attorney Sheryl Willert, managing director at the firm of, Williams Kastner, to give us her insight into the world of Employment Law. Larry, Tony and...
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Personal Injury Victims as a Unique Investor Class Pt III - NEW RINGLER RADIO SHOW
March 17, 2008--How can the issues that arise in behavioral finance specifically and profoundly affect personal injury victims as members of that unique investor class? Join Ringler Radio host Larry Cohen and co-host, William D. Wakelee from the Ringler office in Philadelphia, as they come full circle in part three of this tremendous series on the unique investor class. Ringler Radio welcomes...
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New Rules for MSA's -- NEW RINGLER RADIO Show
March 3, 2008 -- New rules pertaining to the Medicare Set-Aside Secondary Payer issue will take effect on July 1, 2009, creating significant changes. Ringler Radio host, Larry Cohen welcomes colleague, Teddy Snyder, from the Ringler Associates’ Beverly Hills office and Attorney Nancy Adel, senior partner at Adel and Pollack, as they discuss the impact the new rules will have - how the new rules...
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Lawyer Marketing -- New RINGLER RADIO Show
Feb. 18, 2008 -- What can lawyers do to market themselves and how do they rise above the competition? Join Ringler Radio host Larry Cohen and co-host Ann Marie VonBank from the Ringler office in Minneapolis as they take a look into the competitive world of lawyer marketing. Ringler Radio welcomes expert Robert Beeson, President and Director of Sales for the legal marketing company...
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Behavioral Finance NEW RINGLER RADIO SHOW
Feb. 4, 2008 -- Behavioral finance deals with what academics have seen people do, instead of what people ought to do and is an area of finance that’s getting increasing attention among academics and practitioners. Join Ringler Radio host, Larry Cohen and co-host, William D. Wakelee, settlement annuity specialist in Ringler’s Philadelphia office, as they discuss the growing area of behavioral...
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Captive Insurance-- New RINGLER RADIO Show
January 21, 2007 -- Have you ever heard of the growing industry of captive insurance? Join Ringler Radio host, Larry Cohen , as he takes a look inside the captive insurance marketplace. Larry is joined by Dana Sheppard, Associate Commissioner of the District of Columbia's Department of Insurance, Securities and Banking, to discuss and define captives, see what's new in the captive insurance...
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Medical Settlement Planning - New RINGLER RADIO Show
January 8, 2007 --Want to know more about medical settlement planning for both workers' compensation and personal injury cases? Join Ringler Radio host, Larry Cohen and co-host Hugh G. Bingham, from the Ringler office in Denver, Colorado, as they take a look into the world of medical settlement planning. Ringler Radio welcomes expert, Thomas...
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Trusts and Structured Settlements - New RINGLER RADIO Show
November 10, 2007 -- What is a settlement trust and in what cases are they best used? Join Ringler Radio host, Larry Cohen and co-host, William D. Wakelee, settlement annuity specialist in Ringler’s Philadelphia office, as they raise the important questions pertaining to settlement trusts. Ringler Radio welcomes David J. Cover, Senior Vice President and Senior Settlement...
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HEALTHCARE and MEDICAL MALPRACTICE - RINGLER RADIO Show
NOV. 25, 2007 -- How is healthcare in the U.S. being affected by recent legislated limits in the area of medical malpractice litigation and settlements? Join Ringler Radio host, Larry Cohen and co-host, Kenneth R. Klapacz, Esq., Ringler settlement annuity specialist from Chicago, for the discussion with Attorney Jeffrey Goldberg, founder of Jeffrey M. Goldberg Law Offices located in Chicago. They...
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A Trial Lawyer Finds His Soul - RINGLER RADIO SHHOW
NOV 12, 2007 -- Long hours, and the stress of the work, can take a toll on a lawyer’s professional and personal life. Join Ringler Radio host, Larry Cohen as he talks to Gary Gwilliam, consumer trial attorney from Gwilliam, Ivary, Chiosso, Cavalli & Brewer and author of Getting A Winning Verdict in My Personal Life, A Trial Lawyer Finds His Soul, about the highs and lows of life as...
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Special Needs Trusts - NEW RINGER RADIO SHOW
October 30, 2007 --There are some common misunderstandings when it comes to the complicated area of special needs trusts. However, a special needs trust can help a disabled person preserve their wealth and maximize their care and support. Join Ringler Radio host, Larry Cohen and co-host,...
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Legal Accountability - RINGLER RADIO SHOW
October 15, 2007 -- Catastrophic injury and wrongful death cases, construction negligence and medical malpractice are some key areas where litigation is intended to assign accountability for wrongdoing or negligence. But there are also times when those boundaries are stretched. Join Ringler...
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Michigan Trial Lawyers -- NEW RINGLER RADIO SHOW
October 2, 2007 -- There have been many challenges when it comes to the law in the state of Michigan. On Ringler Radio, we will discuss the Michigan Association for Justice, the challenges that lawyers face in the state of Michigan , the birth injury arena and the importance of focus groups to a case. Join Ringler Radio host, Larry Cohen and co-host Rachel Grant, settlement annuity specialist for...
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WHISTLEBLOWERS NEW RINGLER RADIO SHOW
Sept. 17, 2007 -- Medicare and medicaid fraud make up the biggest category of Qui Tam cases which are about whistleblowing on companies that are ripping off the federal...
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Issues in Medical Malpractice - NEW RINGLER RADIO SHOW
September 5, 2007 -- Caps on non-economic damages in wrongful death and no expert discovery in Oregon makes it hard to win medical malpractice...
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BIRTH INJURIES - NEW RINGLER RADIO SHOW
AUGUST 27 -- A birth injury is any sort of injury that a child sustains, or suffers, during the process of birth often resulting...
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MSA & Compliance: Secondary Payer Statute -- NEW RINGLER RADIO SHOW
August 7, 2007 -- Medicare set asides, in compliance with the MSP, have become a hot topic in the area of workers compensation settlements with a wide range of approaches and interpretations. Join Ringler Radio host, Larry Cohen and two expert guests to help sort this all out: Ken Paradis, CEO of Crowe Paradis Services Corp., and Rob Lewis, Chief Legal Officer...
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The Structured Settlement View from Canada - NEW RINGLER RADIO SHOW
July 25, 2007 -- There are some major differences between how structured settlements are handled in Canada compared to the States. Join Ringler Radio host, Larry Cohen with co–host and Ringler Associate, Mark R. Vogel, from the Grand Rapid’s Michigan office, as they report from the 2007 NSSTA Annual Meeting and Conference in Toronto. Ringler Radio welcomes, Bob Baxter, principal at Baxter...
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Managing Drug Costs in Workers' Comp Cases - RINGLER RADIO SHOW
JULY 9, 2007 -- Medical care and pharmaceutical costs can get very complicated for an injured party in a lawsuit, particularly workers comp cases. Join Ringler Radio host, Larry Cohen with co–host and Ringler Associate, Bill Mathews , who heads the St. Petersburg office as they report from the 2007 NSSTA Annual Meeting and Conference in Toronto. Ringler Radio welcomes, Lisa M. Datelle, Executive Vice...
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Economics of Personal Injury Cases - New RINGLER RADIO Show
JUNE 26, 2007 -- Economics in the courtroom and in a settlement can be very different from what we think of in terms of economics. Join Ringler Radio host, Larry Cohen with special guest Dr....
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An Accident Victim's Inspirational Story -- NEW RINGLER RADIO SHOW
JUNE 12, 2007 - Ringler Radio’s special guest is Megan O’Neil , project manager for the World Institute on Disability’s “Access...
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Economics of Personal Injury Cases - New RINGLER RADIO Show
JUNE 26, 2007 -- Economics in the courtroom and in a settlement can be very different from what we think of in terms of economics. Join Ringler Radio host, Larry Cohen with special guest Dr....
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Litigation in Brain Injury Cases -- New RINGLER RADIO Show
May 15, 2007 -- A lawsuit involving a person with a traumatic brain injury can be very complex as can be the injury itself. And the problems associated with brain injuries are life-long. Join Ringler Radio host, Larry Cohen from Ringler Associates with two very special guests who are experts on the topic; Boston attorney and well known litigator, Ken Kolpan who has vast experience in brain injury...
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Congresswoman Stephanie Tubbs Jones Discusses Factoring - NEW RINGLER RADIO SHOW
May 29, 2007 - Please join Ringler Radio host, Larry Cohen as he reports from the 2007 NSSTA Annual Meeting and Conference in Toronto. Ringler Radio’s special guest is Congresswoman Stephanie Tubbs Jones, the first African-American woman elected to the United States House of Representatives from Ohio. In this show, Congresswoman Tubbs...
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Productivity for Lawyers -- New RINGLER RADIO Show
April 30, 2007 -- Lawyers are understandably focused on winning their cases in court or in settlement. But often they don't focus on the elements of running their business efficiently. Join Ringler Radio host, Larry Cohen and co-host Brian Fillion, both of whom are experienced structured settlement brokers at Ringler Associates for a discussion with a well known business consulting expert, Guy...
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Sudden Wealth/Affluenza -- NEW RINGLER RADIO Show
April 16, 2007 -- Managing a sudden, large amount of money received by legal clients in a lawsuit or settlement award can be a daunting task. And studies show that most plaintiffs are not ready for it. Join Ringler Radio host, Larry Cohen and co-host, Steve Cochran, both of whom are from Ringler Associates for this discussion with one of the country’s preeminent experts on the topic, Dr. Roni...
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RINGLER RADIO - NEW SHOW - STRUCTURED SETTLEMENT: HOW IT WORKS
APRIL 2, 2007 --This Ringler Radio show is a comprehensive and convenient one-stop for information about how a structured settlement works. Please join Ringler Radio host, Larry Cohen and his co-host, Jim Early, both of whom are from the New England operation of Ringler Associates and both of whom have over 25 years experience each, in the industry. Our special guest is Patricia J. Fairhurst,...
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Alternate Dispute Resolution - NEW RINGLER RADIO SHOW
MARCH 21, 2007 -- About 98% of all claims never make it to the courtroom. So the means by which they are settled can take many forms of alternate dispute resolution. Join us on this program with our very special guest, Attorney Tom Rutter, CEO of ADR Options in Philadelphia. He is a lawyer who has practiced law for over 40 years and specializes in complex cases of alternate dispute resolution....
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Structured Settlements in Workers Comp Cases NEW RINGLER RADIO SHOW
March 5, 2007 -- Sweeping changes in the law affecting workers’ compensation cases in California have taken effect over the past two years. Join Ringler Radio host, Larry Cohen from Ringler Associates in Boston and Mike Zea, co-host from Ringler Associates in Newport Beach, CA with special guest, Attorney Nathan G. Halprin, managing partner at the Orange County law office of Tobin Lucks....
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Remembering Attorney Jay BloomBecker NEW RINGLER RADIO SHOW
February 5, 2007 -- Last year, workers comp attorney, Jay BloomBecker from Santa Cruz, California, was tragically gunned down in his office by a disgruntled client. The client had been upset with the settlement he received from his workers' comp claim. Today on Ringler Radio , we...
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STRUCTURED SALES - NEW RINGLER RADIO SHOW
JANUARY 17, 2007 -- A structured sale, which is becoming very popular with baby boomers and retirees, is essentially a financial planning strategy in which an annuity is structured for sellers of appreciated businesses and real estate. How does it work and for whom is a structured sale best suited? Find out all the details on this Ringler Radio show, hosted by Larry Cohen of RINGLER ASSOCIATES, with...
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Structured Settlements and Financial Planning
January 3, 2007 -- You may not think of it at first, but a structured settlement broker and a financial planner can meet the needs of many clients who find themselves in the position of a large monetary award in a lawsuit. Designing a structured settlement and long-term financial planning can address both short-term financial needs and long-term investments collaboratively. Join Ringler Radio...
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Washington State Trial Lawyers - Role Model -- New RINGLER RADIO Show
November 27, 2006 -- The issues and challenges facing trial lawyers nationwide point many to look at WSTLA as a role model, defeating Initiative 330, which would have placed caps on medical malpractice and would have limited attorneys fees. Join Ringler Radio host, Larry Cohen and co-host Allen H. Robinson, both from Ringler Associates with special guest, former WSTLA president Jack Connelly as...
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Supplemental Security Income & CMS - NEW RINGLER RADIO INTERNET SHOW
November 13, 2006-- Ongoing developments with SSI (Supplemental Security Income) and CMS (the Center for Medicare and Medicaid Services) are important for any attorney to know about in cases that may be settled. Join Ringler Radio host, Larry Cohen and his co-host Tom Murray both from Ringler Associates as they get the latest from the experts, Attorney Jay Sangerman from the firm of Jay Sangerman,...
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Structuring Attorneys' Fees - NEW RINGLER RADIO Show
October 30, 2006 -- Did you know that an attorney can structure some or all of her/his fees? What are the benefits? Should you be structuring your fees? Join Ringler Radio host, Larry Cohen from Ringler Associates for a discussion of Structuring Attorneys Fees with Attorney William McLaughlin whose law practice originates from Long Island, NY and expert guest....
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Ethics in Mediation & Negotiations - New RINGLER RADIO Show
October 16, 2006 -- Two expert guests help sort through the very important range of ethics issues encountered in mediation and negotiation of lawsuits during settlement. Join Ringler Radio host, Larry Cohen of Ringler Associates, first with Professor Judith McKay from Nova Southeastern University in Ft. Lauderdale, FL. She is also a mediator, arbitrator, and attorney who brings insight to standards...
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Ethics in Litigation -- New RINGLER RADIO Show
October 4, 2006 -- Lawyers have 'the Code of Professional Responsibility or the Rules of Professional Conduct' - standards to which they must adhere that are set by the Supreme Court of the states in which they practice. But there are many other pieces to the 'ethics in litigation' puzzle. Join Ringler Radio host, Larry Cohen from Ringler Associates with special guest, Professor John Freeman from...
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Future for Trial Lawyers in America -- New RINGLER RADIO show
August 14, 2006 -- Recently trial lawyers have been facing new battles challenging their collective reputation. The world's largest trial bar, the Association of Trial Lawyers of America (ATLA) has decided to change its name as part of a PR strategy. Join Ringler Radio host, Larry Cohen and co-host Dennis English from Ringler Associates discussing what's ahead for trial lawyers in the U-S, the...
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Personal Injury Victims as a Unique Investor Class -- NEW RINGLER RADIO SHOW
July 24, 2006 -- Victims of personal injury have unique current and future needs resulting from their injuries. And as plaintiffs in a lawsuit, who may receive large settlements, they soon become a unique investor class facing important financial decisions. Join Ringler Radio host, Larry Cohen and co-host Bill Wakelee...
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When Structures Work for Everyone - New RINGLER RADIO Show
July 11, 2006 -- Many times the most far-reaching results come out of class action lawsuits against major corporations accused of making defective products, because those products then get corrected and society benefits. Join Ringler Radio host, Larry Cohen and co-host Joe Mullis, both from Ringler Associates with special guest, Attorney Thomas Woodrow at the firm of Holland and Knight in Chicago,...
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Using Structured Settlements with Special Needs Trusts -- New RINGLER RADIO show.
June 28, 2006 -- For clients with disabilities, how can a structured settlement work best with a special needs trust? Find out the answers from the experts in this edition of Ringler Radio with host, Larry Cohen and co-host Gerry Greger from Ringler Associates and their special guest, Attorney Roger Bernstein from the Bernstein Law Office, P.A. in Coral Gables and Key West, Florida. Attorney Bernstein's...
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New PD Schedule Applies to Pre-2005 Injuries
June 22, 1006 -- The Workers' Comp Appeals Board in an en banc decision has ruled that the revised Permanent Disability Rating Schedule not only applies to injuries that occur on or after January 1, 2005 but to injuries that occur prior to that date unless one of the exceptions in Labor Code 4660(d) applies. The case is Elizabeth Aldi vs. Carr, McClellan, Ingersoll, Thompson & Horn and Republic Indemnity....
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Medicare Set-aside update: Contractor Changes
June 22, 2006 -- Recently, The Centers for Medicare & Medicaid Services ("CMS") made a decision to transfer Medicare Secondary Payer conditional payment claim (past lien) activities to a national contractor from the regional contractors who currently carry out those functions. Among other things, the regional contractors provide information concerning whether a Medicare conditional payment claim...
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When Structures Work for Everyone - New RINGLER RADIO Show
July 11, 2006 -- Many times the most far-reaching results come out of class action lawsuits against major corporations accused of making defective products, because those products then get corrected and society benefits. Join Ringler Radio host, Larry Cohen and co-host Joe Mullis, both from Ringler Associates with special guest, Attorney Thomas Woodrow at the firm of Holland and Knight in Chicago,...
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What's Ahead for NSSTA? Just Published -- RINGLER RADIO show
June 13, 2006 -- “Structured settlements are one of the great financial benefits that the federal government allows for injury victims and dependents in wrongful death cases,” says incoming NSSTA President J.P. Steele at the annual NSSTA meeting. Join Ringler Radio host, Larry Cohen and co-host, Tom Murray from Ringler Associates for an important discussion with Steele as a...
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Real Estate and Structured Sales
The real estate market continues to offer one of the best returns on your investments. But how can you get the best long-term financial benefit from the sale of your property? Join Ringler Radio host, Larry Cohen , head of NE Operations for Ringler Associates and...
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NEW RINGLER RADIO SHOW -- Real Estate and Structured Sales
May 30, 2006 -- The real estate market continues to offer one of the best returns on your investments. But how can you get the best long-term financial benefit from the sale of your property? Join Ringler Radio host, Larry Cohen, head of NE Operations for Ringler Associates and Bill Wakelee, with over 20 years experience in Ringler's Philadelphia office with special guest, Joe Tarantino, Commissioner...
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Exclusive Internet Radio Interview with NY Congressman Charles Rangel
May 16, 2006 -- RINGLER RADIO is pleased to offer this special edition with an honored guest, Democratic Congressman Charles Rangel from the 15th District of New York and ranking member of the House Ways and Means Committee. Congressman Rangel has been a...
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Medicare Set Aside Update
May 16, 2006 -- The Medicare Secondary Payer Statute has been around since 1980. As a consequence, there is a good body of case law arising out of the requirements of the act. A recent federal case dealt with Medicare's ability to recover conditional payments following settlements. Please bear in mind that this area of the law is constantly evolving and we continue to recommend competent legal...
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NEW PROPOSED MSA LEGISLATION INTRODUCED IN THE HOUSE OF REPRESENTATIVES!
May 15, 2006 -- On May 4, 2006, Rep. Clay Shaw (R) of Florida introduced proposed legislation regarding Medicare Set-Aside Arrangements. The proposed bill, H.R. 5309, is entitled the "Medicare Secondary Payer and Workers' Compensation Settlement Agreement Act of 2006;" and provides for sweeping and disturbing changes to the Medicare Secondary Payer requirements in WC settlements. Click here...
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Basics of Structured Settlements
May 11, 2006 -- New RINGLER RADIO show -- If you're wondering if a structured settlement is right for your case, listen to this show as Ringler Radio host, Larry Cohen and his colleagues at Ringler Associates talk about various types of annuities, tax-free advantages and how best to implement financial security for your legal client in...
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Medicare Set Aside update: New CMS Policy Memo
April 25, 2006 -- Update on a new memo issued by CMS with respect to MSAs and workload thresholds. Set out below is a copy of the memo which now elevates the threshold criteria for Medicare beneficiaries (Class I claimants) from $10,000 to $25,000 effective 4/25/06. The threshold is determined by the "total settlement amount," which includes repayment of liens, attorney fees to the claimant's...
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Choosing a Structured Settlement Broker -- RINGLER RADIO Show
April 24, 2006 - Finding the right settlement broker is one of the most important steps in the lawsuit settlement process. A structured settlement can provide financial security for your future or your client's future. A good broker can ensure that your settlement is structured in the way that best suits the needs of you and your family in a tax-free annuity over time. Join Ringler Radio host, Larry...
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468B TRUSTS-- RINGLER RADIO Internet Show
APRIL 11, 2006 -- It's important to know when a 468B trust should and can be used in a structured settlement. Join Ringler Radio host Larry Cohen, head of the Northeast Operations at Ringler Associates, as he sorts through this important and complicated issue with the nation's preeminent tax attorney and best-known expert on 468B trusts. Join Larry and special guest Attorney Rob W. Wood from the Wood...
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CONSTRUCTIVE RECEIPT - New RINGLER RADIO Show on the Internet March 28, 2006
Constructive Receipt -- Attorneys are focused on the client’s lawsuit or the defense of the client in a lawsuit and may not be prepared for the regulations we all need to comply with in terms of the actual receipt of the client’s money in a settlement award in a lawsuit. On this RINGLER RADIO show, hosted by Larry Cohen from RINGLER ASSOCIATES, you'll get all of the facts about constructive...
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New RINGLER RADIO show -- Handling an emotional situation in any mediation
February 27, 2006 -- It is common for emotions to enter into settlement negotiations in any lawsuit, so what's the best way to keep the mediation on track? When are emotions a good part of the mediation and when are they not? Join Ringler Radio host, Larry Cohen, in charge of Ringler operations in the Northeast and guest co-host and Ringler Associate, Gayle Christen with special guest, Professor Daniel...
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NEW RINGLER RADIO SHOW -- Adjusting to Life After Your Accident
Adjusting to Life After Your Accident (December 19, 2005) Join Ringler Radio host, Larry Cohen, head of NE Operations for Ringler Associates, as we delve into a very important topic for anyone involved in personal injury litigation. With the help of our special guest, Nancy Starnes, VP and Chief of Staff for the National Organization on Disability (N.O.D.), we discuss the real life adjustments...
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JAN 16, 2006 -- Update on CMS Policy Concerning Prescriptions - Message is from an unknown sender
Hello everyone! I wanted to let you know that we have just received a response to our questions to CMS concerning the prescription drug memorandum issued on December 30, 2005. The answers we received will impact numerous cases, and we wanted to make sure you were informed as soon as possible. As you know from my prior email, CMS basically set forth two categories, for lack of a better term,...
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NEW RINGLER RADIO SHOW: "pseudo" structured trusts
Dec. 19, 2005 -- Join host, Larry Cohen of Ringler Associates for an interesting discussion separating the marketing hype from reality on "pseudo" structured trusts. We're fortunate to have as special guests to help us sort through these issues, Tom Hawkins, MassMutual Settlement Solutions Chief Operating Officer and Tim Denehy, Trust & Estate Consultant with the MassMutual Trust Company. You won't...
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Brain Injury Cases Require Compassion and Understanding (They last a lifetime.)
Join Ringler Radio co-hosts, Larry Cohen and Dennis English as they discuss important issues at the 2005 ATLA Convention in Toronto. Special guests include nationally known Attorney Michael V. Kaplen from the New York firm of DE CARO & KAPLEN, LLP, representing victims of brain injury. As President of the Brain Injury Association of New York State, Attorney Kaplen explains the compelling issues of...
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National Alliance of Medicare Set-Aside Professionals, Inc. (NAMSAP).newsletter
October 5, 2005 -- At the NAMSAP, we're very proud and pleased to attach the Fall issue of NAMSAPNews (pdf), the member newsletter of the National Alliance of Medicare Set-Aside Professionals, Inc. (NAMSAP). Thanks to our NAMSAP charter members for their dedication in promoting and advancing the highest standards and practices of this unique...
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Recent Developments Regarding Prescription Durgs and MSAs.
Sept. 20, 2005 As discussed in the past, the Medicare Prescription Drug Law will take effect on January 1, 2006. Until now, CMS has instructed that parties not include future prescription costs in allocation reports for the MSA account since it was a non-Medicare item. Earlier this month, however, CMS announced its policy with regard to prescription drugs. Effective January 1, 2006, CMS will require...
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RINGLER RADIO - Radio Shows on the Internet
Ringler Associates is collaborating with the Legal Talk Network (LTN) to deliver information in a revolutionary way. Specifically, we are working with LTN to produce Internet radio shows called RINGLER RADIO. The shows focus on important news, compelling stories and general information about all aspects of the structured settlements industry. Guests on RINGLER RADIO are...
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10 Reasons Lottery Winners Risk Squandering Cash
In H. Roy Kaplan’s book, Lottery Winners, a study of 54 lump-sum, million-dollar winners revealed the 10 most common risks for squandering cash: • Failure to understand interest rates (and how they affect investments) • Loans to friends/family (and their inability to repay) • Gambling or substance abuse • Desire for substantial yields (regardless of safety) • Investing in depreciating assets • Lack...
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Structured for Success
Structured for Success (July 2005) REPRINTED WITH PERMISSION : COPYRIGHT 2005, United Spinal Association, ORBIT, Personal Finances, All Rights Reserved. Author: Attorney Raymond Boucher has spent more than 20 years representing people injured in accidents, including many with spinal cord injuries. In 2002, he was named one of the “100 Most Influential Attorneys in California” and in 1994,...
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Glossary of Annuities
What is an Annuity? An annuity is the funding vehicle for the structured settlement. The defendant1s insurance company purchases the annuity, and the funds from the annuity are used to pay the claimant according to the terms of the settlement. Annuitant: The measuring life or person who will receive the benefit of the annuity. Beneficiary: Person or persons designated to receive benefits that...
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Medicare Set Aside News
Sept. 18, 2005 The Medicare Set Aside Bulletin is our electronic newsletter dedicated to providing news, articles and information of interest to Medicare Set Aside professionals, Worker's Compensation and Personal Injury Attorneys, and Structured Settlement professionals. CMS ANNOUNCES POLICY ON TREATMENT OF FUTURE PRESCRIPTION DRUG COSTS IN MEDICARE SET ASIDE ARRANGEMENTS ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The...
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Medicare Set Aside Update: More Changes from the 7/15/05Policy Memo
August 15th -- Here's a situation we* confirmed with CMS this past week. As you know, the most recent policy memo of 7/15/05 provided some major changes in the MSA process and this area of the law. One portion of the memo, dealing with the definition of "total settlement," caused us to raise the question regarding payments previously made to the claimant. Prior to this memo, CMS did not consider...
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Medicare Set Aside Update: Recent Case
July 26th -- I wanted to report to you on a new case involving the Medicare Secondary Payer Act (MSP). Its styled Walters v Leavitt, 2005 U.S. Dist. LEXIS 14224 (U.S. Dist Ct-Eastern District of Michigan) and it deals with a plaintiff's attempts to secure information needed to determine a Medicare lien or right of recovery. The initial claim involved a workers' compensation action where the...
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New CMS Policy Changes for MSAs
June 18th -- I wanted to share these with you since CMS announced these new changes on Friday (June 15th). These changes effect workers' compensation claims but not liability. Attatched for reference is the new memo in Word format. Let me know if you cannot open it and I'll convert it and resend. Here are the changes: 1. Perhaps the biggest change is a new policy for low threshold settlements for...
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New FAQ's from CMS July 11th re: Medicare Secondary Payer (MSP) – Workers’ Compensation (WC)
Additional Frequently Asked Questions: 1. Clarification of WCMSA Non-beneficiary Threshold; 2. Low Dollar Threshold for Medicare Beneficiaries; 3. Use of WC Settlement Funds Prior to Medicare Entitlement; 4. Avoiding the Continuation of Indemnity Payments While Waiting for CMS to Review a WC Medicare Set-aside Arrangement (WCMSA); 5. Settlement of WC Medical Expenses Prior to Submission to...
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Update on Medicare Coverage of Prescriptions Which Was Announced Recently
June 29, 2005 -- President Bush held a videocast regarding Medicare prescription coverage which takes effect on January 1, 2006. Beginning in October of 2005, Medicare will begin to send out information regarding prescription coverage and the different types of coverage plans available. A pamphlet entitled "Medicare and You" will be sent out to every Medicare beneficiary. The President gave a...
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A recent case from the Federal Circuit merits comment as it relates to the Medicare Secondary Payer regulation.
June 2, 2005 -- Its so recent, the only cite I have is from Lexis, but I wanted to share it with you. In Telecare v Leavitt, 2005 U.S. App Lexis 9521 (May 25, 2005), the court upheld a federal district court ruling that the Medicare Secondary Payer regulation (MSP) allows the government to initiate an action for recover against any employer that sponsored or contributed to a group health plan when...
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IRS Issues Favorable Ruling on Class Counsel Fees
MAY 12, 2005 Settling class members don’t have to report the fees paid to class counsel as income. That result extends even to class representatives that may have a contingent fee agreement with counsel. That means plaintiffs do not suffer the alternative minimum tax on those fees since the fees never show up on the plaintiffs’ returns. The federal alternative minimum tax is about $60,000 on...
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NEW RINGLER RADIO SHOW -- Adjusting to Life After Your Accident
Adjusting to Life After Your Accident (December 19, 2005) Join Ringler Radio host, Larry Cohen, head of NE Operations for Ringler Associates, as we delve into a very important topic for anyone involved in personal injury litigation. With the help of our special guest, Nancy Starnes, VP and Chief of Staff for the National Organization on Disability (N.O.D.), we discuss the real life adjustments...
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Have you ever wondered what would happen if a party sought to challenge Medicare's rights under the Medicare Secondary Payer statute?
04/07/05 -- To my knowledge, this has not occured but it is always a possibility in the future. A recent case suggests that its not quite as easy as it may seem. In United States v Lahey Clinic Hospital, 399 F.3d 1(1st Cir. 2005), the court addressed issues such as venue and procedural protocol when there is a challenge to Medicare's ability to pursue claims. In this case, a claim by Medicare...
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SETTLING A CLAIM FOR AN INCAPACITATED PLAINTIFF
April 18, 2005 -- Plaintiffs will not always have the ability to make informed decisions regarding settlement. The plaintiff might be a minor and lack the legal capacity necessary to enter into the settlement contract. An adult plaintiff may suffer from mental illness, an injury or another condition which results in incapacity. Settlement of a TPL or WC claim for an incapacitated plaintiff...
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Physical Manifestations of Emotional Distress are Taxable
APRIL 20, 2005 Physical Manifestations of Emotional Distress are Taxable Often plaintiffs suffer emotional distress from an injury, which later manifests in physical symptoms. The Washignton D.C. District Court, in a whistleblower case, has decided that the exclusion of section 104(a)(2) does not apply to such cases. Thus, even though the plaintiff-whistleblower suffered physical manifestations...
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MSA submission - There have been some recent changes in the MSA submission and approval process at the CMS Regional Offices. Here's an update on these changes and how they are affecting the MSAs.
As of May 1, 2004 (Still current), CMS implemented a new policy in which all files submitted for review will now be sent to a central intake office located at the following address:Centers for Medicare and Medicaid Services Coordination of Benefits Contractor Attention: WC MSA Proposal P.O. Box 660 New York, New York 10274-0660 The files are scanned into the CMS system in In order to keep track...
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409A Structured Attorney Fees IRS Issues Guidance
WASHINGTON, DC, December 20, 2004 (This is the most recent information on this subject.)– The IRS and Treasury issued regulatory guidance for Section 409A exccluding structured attorneys fees from Section 409A, making it favorable to structuring attorney fees. Under this Treasury/IRS guidance, the new section 409A, deferred compensation rules will not apply to arrangements between an attorney...
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Structures 101: Back to Basics
When most people receive some extra cash, their first impulse is to spend it. Whether a person won the lottery, received an inheritance, early retirement benefits, or settled an insurance claim, odds are that unless something is done to protect it, the cash will soon disappear. Structured settlements were developed to help protect recipients from financial misfortune. A structured settlement...
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Medicare Set-aside update: Contractor Changes - Message is from an unknown sender
June 21, 2006 -- Recently, The Centers for Medicare & Medicaid Services ("CMS") made a decision to transfer Medicare Secondary Payer conditional payment claim (past lien) activities to a national contractor from the regional contractors who currently carry out those functions. Among other things, the regional contractors provide information concerning whether a Medicare conditional payment claim...
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