1) The document provides an overview of common obstacles to settlement and techniques for overcoming them. It discusses evaluating cases early, managing client expectations, dealing with third party interests like liens, insurance issues, obtaining settlement authority, preparing for mediation, and negotiation techniques.
2) Specific obstacles covered include fear of improper case evaluation, unmet client expectations, third party interests, insurance coverage and excess issues, getting settlement authority from insurance, mediator problems, and dealing with difficult opposing counsel.
3) The document provides tips for overcoming these obstacles through thorough case evaluation, educating clients, understanding lien rights, structuring settlements, preparing clients and documents for mediation, and using strategies like anchoring, written demands,
Dr. Barbara O'Neill and Attorney Mary Benzinger will present this 90-minute webinar on estate planning on behalf of the Military Families Learning Network's Personal Finance Concentration Area. Topics to be discussed in this webinar include: probate and probate avoidance, the advantages and limitations of wills, trusts, estate taxes, blended families, life insurance beneficiaries, states that have transfer on death for vehicles and real property, poor planning & minor children, testamentary trusts, and estate planning resources.
Boston Medicare and Medicaid Attorneys Cohen & Oalican discuss the impact of the Uniform Probate code as it impacts Advanced Directives.
http://www.cohenoalican.com
Why life insurance has evolved into a piece of investment diversificationCBIZ, Inc.
This CBIZ Whitepaper explores reasons why life insurance has evolved into a piece of investment diversification – that is, a product worthy of being described as a “Separate Investment Class.”
From the Oklahoma law firm Cazes Roberts, PC:
A concise yet practical review of what Oklahoma estate planning is, why some would want to do Oklahoma Estate Planning and the tools used in Oklahoma Estate Planning.
Dr. Barbara O'Neill and Attorney Mary Benzinger will present this 90-minute webinar on estate planning on behalf of the Military Families Learning Network's Personal Finance Concentration Area. Topics to be discussed in this webinar include: probate and probate avoidance, the advantages and limitations of wills, trusts, estate taxes, blended families, life insurance beneficiaries, states that have transfer on death for vehicles and real property, poor planning & minor children, testamentary trusts, and estate planning resources.
Boston Medicare and Medicaid Attorneys Cohen & Oalican discuss the impact of the Uniform Probate code as it impacts Advanced Directives.
http://www.cohenoalican.com
Why life insurance has evolved into a piece of investment diversificationCBIZ, Inc.
This CBIZ Whitepaper explores reasons why life insurance has evolved into a piece of investment diversification – that is, a product worthy of being described as a “Separate Investment Class.”
From the Oklahoma law firm Cazes Roberts, PC:
A concise yet practical review of what Oklahoma estate planning is, why some would want to do Oklahoma Estate Planning and the tools used in Oklahoma Estate Planning.
Netwealth educational webinar: The transfer of trust - Effective estate plann...netwealthInvest
Learn the essentials of offering estate planning in your practice with Anna Hacker, National Manager of Estate Planning at Australian Unity. Find out why estate planning can help advisers get to know their clients better, why they are vital in any financial plan and some of the complexities you may encounter.
Do you have a written estate plan? If you do not have a written estate plan, including a will, power of attorney, and a healthcare surrogate designation/living will directive, now is the time to create one. If you have a written plan, perhaps it’s time for a review. By Jim Dressman, DBL Law
Judith P. Kenney & Associates, P.C., assists clients in all areas of Estate Planning, Trust Administration, Guardianships, Probate Law, Tax-Exempt/Non-Profit Organizations, Charitable Foundations, Estate and Gift Tax Returns and Planning, as well as Litigation in Trust and Probate Matters. Judith P. Kenney has been working in the area of Estate Planning for over 30 years and is Board Certified in Estate Planning & Probate Law by the Texas Board of Legal Specialization.
Workshop serves to educate individuals about the importance of preparing a last will and testament; protecting their loved ones and resources available to assist with estate planning.
Call our office today. Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
He looks forward to meeting with you.
[Mehta v. Dept Of State Obtaining The Injuctive Relief]Justin Wilson
Explain what Injuctive Relief is, and explain what the individual is required to do or not to do. Also to inform audiences what Irreparable Harm is and explain why it cannot be compensated.
Commercial Payor Behavioral Health Audits: How to Avoid Getting Wiped OutEpstein Becker Green
The number of commercial payor audits of behavioral health facilities has been steadily rising, forcing closures of multiple treatment facilities, straining resources, and setting up an increasingly contentious conflict between treatment providers and payors.
This webinar will examine the most common issues arising in payor audits (including medical necessity; patient financial responsibility; and other issues asserted to constitute fraud, waste, or abuse) and the common arguments used as grounds for the nonpayment or recoupment of fees by insurers. The presenters will also review responsive strategies in commercial payor audits and examine defensive strategies and best practices to avoid fraud, waste, and abuse.
Presented by:
Paul D. Gilbert – Member, Epstein Becker Green
John A. Mills – Partner, Nelson Hardiman
Part of a "first Thursdays" fall webinar series hosted by Behavioral Health Association of Providers, Epstein Becker & Green, P.C., and Nelson Hardiman, LLP.
More info: https://www.ebglaw.com/events/how-to-avoid-getting-wiped-out-by-the-wave-of-commercial-payor-behavioral-health-audits-medical-necessity-and-waivers-of-co-insurance-and-deductibles/
These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
How should I prepare an ATE application? MLM 4Demi Edmunds
Matthew Williams answers the following question: After discussing funding/insurance options on a new commercial claim, the client wishes to apply for after the event legal expenses insurance (ATE). How should I prepare the application? What cover should the client seek?
Why should companies consider captive programs to address insurance needs? Alan Fine, member in charge of the captive insurance advisory services practice at Brown Smith Wallace, and Bill Goddard, principal in the captive insurance advisory services practice, discuss the August 28 Missouri captive insurance company legislation and what it changes for the formation of captives.
Don¹t Take Any Wooden Nickels: Lawyers as Targets of Lucrative ScamsNationalUnderwriter
It may come as somewhat of a surprise to some to learn that one kind of business that appears to be particularly susceptible to electronically-induced scams is the legal profession. Yes, lawyers. In the fairly typical scam, lawyers are contacted by foreigners who are in need of legal assistance in collecting debts. The law firms eventually receive checks for large sums from the debtors, and are instructed to deposit them for further instructions. What these law firms do, so as not to comingle with the firms’ accounts, is to establish special accounts at the firms’ financial institutions. Before these checks are cleared by the banks on which the funds were drawn, the clients request that the money representing the checks sent to the law firms, be wired to foreign accounts, less the law firms’ retainer. After the money is received by the foreigners, the law firms are notified that the checks, drawn on foreign or domestic banks, originally sent to the law firms, are bogus.
The article discusses a number of court decisions where lawyers were duped by thieves and sought coverage for
their losses under their commercial insurance policies.
Medicaid Planning and the Caregiver Crisis
https://www.thehalelawfirm.com/practice-areas/elder-law/medicaid-planning/
If you or someone you love is at risk of spending down their life savings to pay for the ever-growing cost of long-term care, then we invite you to call today for your free initial consultation. We look forward to exploring the opportunities our long-term care and asset protection planning can provide. The risk of needing long-term care and its related expenses is too great to ignore.
Call today to speak with a Dallas Medicaid planning attorney at the Hale Law Firm, P.C.
The Hale Law Firm, P.C.
417 W Main St
Waxahachie, TX 75165
(214) 446-5080
https://www.thehalelawfirm.com/
Netwealth educational webinar: The transfer of trust - Effective estate plann...netwealthInvest
Learn the essentials of offering estate planning in your practice with Anna Hacker, National Manager of Estate Planning at Australian Unity. Find out why estate planning can help advisers get to know their clients better, why they are vital in any financial plan and some of the complexities you may encounter.
Do you have a written estate plan? If you do not have a written estate plan, including a will, power of attorney, and a healthcare surrogate designation/living will directive, now is the time to create one. If you have a written plan, perhaps it’s time for a review. By Jim Dressman, DBL Law
Judith P. Kenney & Associates, P.C., assists clients in all areas of Estate Planning, Trust Administration, Guardianships, Probate Law, Tax-Exempt/Non-Profit Organizations, Charitable Foundations, Estate and Gift Tax Returns and Planning, as well as Litigation in Trust and Probate Matters. Judith P. Kenney has been working in the area of Estate Planning for over 30 years and is Board Certified in Estate Planning & Probate Law by the Texas Board of Legal Specialization.
Workshop serves to educate individuals about the importance of preparing a last will and testament; protecting their loved ones and resources available to assist with estate planning.
Call our office today. Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
He looks forward to meeting with you.
[Mehta v. Dept Of State Obtaining The Injuctive Relief]Justin Wilson
Explain what Injuctive Relief is, and explain what the individual is required to do or not to do. Also to inform audiences what Irreparable Harm is and explain why it cannot be compensated.
Commercial Payor Behavioral Health Audits: How to Avoid Getting Wiped OutEpstein Becker Green
The number of commercial payor audits of behavioral health facilities has been steadily rising, forcing closures of multiple treatment facilities, straining resources, and setting up an increasingly contentious conflict between treatment providers and payors.
This webinar will examine the most common issues arising in payor audits (including medical necessity; patient financial responsibility; and other issues asserted to constitute fraud, waste, or abuse) and the common arguments used as grounds for the nonpayment or recoupment of fees by insurers. The presenters will also review responsive strategies in commercial payor audits and examine defensive strategies and best practices to avoid fraud, waste, and abuse.
Presented by:
Paul D. Gilbert – Member, Epstein Becker Green
John A. Mills – Partner, Nelson Hardiman
Part of a "first Thursdays" fall webinar series hosted by Behavioral Health Association of Providers, Epstein Becker & Green, P.C., and Nelson Hardiman, LLP.
More info: https://www.ebglaw.com/events/how-to-avoid-getting-wiped-out-by-the-wave-of-commercial-payor-behavioral-health-audits-medical-necessity-and-waivers-of-co-insurance-and-deductibles/
These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
How should I prepare an ATE application? MLM 4Demi Edmunds
Matthew Williams answers the following question: After discussing funding/insurance options on a new commercial claim, the client wishes to apply for after the event legal expenses insurance (ATE). How should I prepare the application? What cover should the client seek?
Why should companies consider captive programs to address insurance needs? Alan Fine, member in charge of the captive insurance advisory services practice at Brown Smith Wallace, and Bill Goddard, principal in the captive insurance advisory services practice, discuss the August 28 Missouri captive insurance company legislation and what it changes for the formation of captives.
Don¹t Take Any Wooden Nickels: Lawyers as Targets of Lucrative ScamsNationalUnderwriter
It may come as somewhat of a surprise to some to learn that one kind of business that appears to be particularly susceptible to electronically-induced scams is the legal profession. Yes, lawyers. In the fairly typical scam, lawyers are contacted by foreigners who are in need of legal assistance in collecting debts. The law firms eventually receive checks for large sums from the debtors, and are instructed to deposit them for further instructions. What these law firms do, so as not to comingle with the firms’ accounts, is to establish special accounts at the firms’ financial institutions. Before these checks are cleared by the banks on which the funds were drawn, the clients request that the money representing the checks sent to the law firms, be wired to foreign accounts, less the law firms’ retainer. After the money is received by the foreigners, the law firms are notified that the checks, drawn on foreign or domestic banks, originally sent to the law firms, are bogus.
The article discusses a number of court decisions where lawyers were duped by thieves and sought coverage for
their losses under their commercial insurance policies.
Medicaid Planning and the Caregiver Crisis
https://www.thehalelawfirm.com/practice-areas/elder-law/medicaid-planning/
If you or someone you love is at risk of spending down their life savings to pay for the ever-growing cost of long-term care, then we invite you to call today for your free initial consultation. We look forward to exploring the opportunities our long-term care and asset protection planning can provide. The risk of needing long-term care and its related expenses is too great to ignore.
Call today to speak with a Dallas Medicaid planning attorney at the Hale Law Firm, P.C.
The Hale Law Firm, P.C.
417 W Main St
Waxahachie, TX 75165
(214) 446-5080
https://www.thehalelawfirm.com/
Advanced Strategies for Trial Attorneys: Resolve Liens, Ensure Medicare Compl...SynergySettlementServices
A complimentary and quick-hitting webinar covering some of the most complex issues that trial attorneys face when resolving catastrophic personal injury cases. Our panel of national experts will share tips & techniques along with best practices to make sure your firm and its clients are protected against common potential malpractice mistakes.
Join Synergy’s Director of Lien Resolution, Teresa Kenyon, for this month’s Third Thursday Webinar where she explains the types of liens that Synergy handles, the importance of Medicare Advantage hidden liens and how to protect law firms from double damages.
Medicaid Presentation (Jason Neufeld Presenting to Broward Bar Association)Jason Neufeld
Florida Elder Law Attorney, Jason Neufeld, presented this to the Broward Bar Association (in conjunction with the Miami-Dade County Bar Association and more). The interactive presentation focused on Medicaid Planning 101: Using estate planning and medicaid planning strategies to legally and ethically qualify Floridians for Medicaid Waiver, QMB or Medicaid ICP (to pay for prescriptions, health care, home health aides, ALF care and/or nursing home care).
How the Inflation Reduction Act Does or Doesn't Affect Your Injury Settlement...Teddy Snyder
There's been lots of hoopla about the benefits of the Inflation Reduction Act for Medicare and Affordable Care Act enrollees. This presentation addresses how the new law really affects medical expenses which figure into your injury case evaluation.
How To Give a Presentation People Will Actually LikeTeddy Snyder
A comprehensive marketing plan includes speaking to groups within your target market niche. “How to Give a Presentation People Will Actually Like” covers what to do before, during, and after a presentation to help you promote yourself as the expert you are.
Trying to settle a Workers Compensation claim? You have to understand how to create a safety net and not forfeit SSDI, Medicare, Medicaid, Medi-Cal, or other benefits
Using the Affordable Care Act to Close Workers Compensation CasesTeddy Snyder
The Affordable Care Act provides new safety nets to assure injured workers ongoing medical care: private health insurance regardless of pre-existing condition, expanded Medi-Cal/Medicaid, Medicare prescription help, and new programs for those who are enrolled in both Medicare and Medi-Cal/Medicaid. When choosing a mediator, make sure the mediator can help fashion settlement solutions using all available resources, including the Affordable Care Act.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Responsibilities of the office bearers while registering multi-state cooperat...
Overcoming settlement obstacles
1. CEB – Overcoming Settlement
Obstacles
June 5, 2009
Presented by:
Brenda K. Radmacher
Teddy Snyder
Gary Bennett
2. Determine the People in the Room
Before any settlement discussions can
start, you need to know who is there….and
so do we!
Introductions…..
3. Obstacles to Settlement
What we will cover today:
– Fear of Improper Case Evaluation
– Unmet/Unreasonable Client Expectations
– Third Party Interests
– Insurance Issues
– Getting Authority
– Mediator Problems/Preparing for Mediation
– Nifty Negotiation Techniques
5. 1. How to Evaluate Your Case?
Case valuation should be performed upon
receipt of the matter
Avoid “thinking from the gut”
“Case Value” vs. “Settlement Value”
Interests vs. Issues
Damages Assessment
Liability Analysis
6. Truthiness: a word
popularized by television
comedian Stephen Colbert to
describe things that a person
claims to know intuitively or
"from the gut" without regard
to evidence, logic, intellectual
examination or facts.
9. Present Value Calculation
Present value is the value (price) today of a
future payment or series of future payments
such as medical expenses or replacement
income, discounted to reflect the time value
of money and other factors such as
investment risk.
15. Plaintiff v. Defendant
Legal Expenses to date $100,000
Projected Legal Expenses to trial: $300,000
50% Liability
$500,000
100% Liability
$1,000,000
50% Liability
$300,000
100% Liability
$600,000
Defense View of Damages Plaintiff View of Damages
LIABILITY
Decision Tree
Analysis
NO LIABILITY
Case Value: $0
16. Is the value adequate to
solve the case?
--Liens
--Attorney Fees
--Litigation Expenses
What would the settlement statement look
like?
17. Possible settlement statement
Proposed gross settlement $200,000
Attorney fees $ 66,000
Likely costs to date $ 10,000
Medical liens of $100,000
possibly reduced to: $ 62,000
Net to Plaintiff: $ 62,000
Were there other specials, e.g., Loss of Earnings?
Is this adequate to settle the case?
How badly does the defense want to settle?
18. Examples
➢ (Written?) Apology
➢ Change the shape of the money with a structured settlement, e.g.,
provide a retirement fund, lifetime payments for the joint lives of the
Plaintiff and spouse, education fund for the Plaintiff’s children
➢ Reinstatement and resignation in an employment case can provide
access to employee benefits
➢ Special needs trust to preserve public benefits
➢ Reversionary trust for disputed future expenses can assure payment
if funds are needed, revert to the defendant/ carrier if unused
➢ Can the Defendant provide something the Plaintiff wants, e.g., new
product
Consider options to meet the
Plaintiff’s needs
21. 3. Third Party Interests
Statutory rights – workers’ comp liens
Subrogation rights
Medical liens
Attorney’s fees
Public benefit preservation for claimants
--Medicare Secondary Payer Law after
SCHIP
-- Indigent benefits
22. ➢Common Fund Doctrine
Compensates the party who conferred the benefit on the
lienholder
➢Hospital Lien Act Civil Code 3045.1
Limited to same amount received by claimant
➢Medi-Cal Liens Welfare & Institutions Code 14124.78
Limited to same amount received by claimant
➢Health Care Liens Civil Code 3040
Limited to 1/3 of recovery if plaintiff represented, 1/2 if not
represented; applies to people with health insurance; limits
subrogation right and “balance billing”
➢Workers Comp Liens Labor Code 3860(c)
Codifies the Common Fund Doctrine
LIEN LIMITS
24. THE RULE:
MEDICARE IS THE SECONDARY
PAYER.
MEDICARE WON‘T PAY IF THERE IS A
PRIMARY PAYER
MEDICARE MAY MAKE A
“CONDITIONAL PAYMENT”
BUT IT RETAINS A “RIGHT OF
RECOVERY” TO GET IT BACK
25. NEW LAW CREATES
REPORTING REQUIREMENTS
WITH POTENTIALLY SERIOUS
RAMIFICATIONS FOR BOTH
CLAIMANT AND PRIMARY PAYER
APPLIES TO SETTLEMENTS
JUDGMENTS, PAYMENTS AND
AWARDS IN CLAIMS BROUGHT BY
MEDICARE BENEFICIARIES
26. Sample language:
“The parties have taken Medicare’s interests into
account and set aside $800 for claim-related
Medicare-eligible expenses”
PARTIES MUST TAKE MEDICARE’S
INTERESTS “INTO ACCOUNT”
Sample language:
“The parties have taken Medicare’s interests into account and set
aside $20,000 as an initial deposit and annual lifetime
payments of $4,325 commencing within one year of settlement
for claim-related Medicare-eligible expenses”
27. LUMP SUM MSA
Lump Sum MSA: $130,618
Cost to fund $130,618
STRUCTURED MSA
Seed MSA: $29,986
Premium: $58,625*
Cost to fund $88,611
*$4,193/yr for life
Expected lifetime payout:
$130,618
IT ALWAYS COSTS LESS TO FUND AN MSA WITH A STRUCTURE
DUE TO THE DISCOUNT FOR PRESENT VALUE
30. SCENARIOS:
1) NO SET-ASIDE IN AGREEMENT- 100% OF SETTLEMENT
DEEMED AVAILABLE TO PAY FOR CARE
2) SET-ASIDE IN AGREEMENT- INQUIRY AS TO HOW
MONEY WAS SPENT AND HOW MUCH IS LEFT; IF
ANYTHING LEFT, MUST BE USED TO REIMBURSE
MEDICARE, IF NOTHING LEFT, HOW WAS IT SPENT?
IF SPENT ON EXPENSES OTHER THAN CLAIM-
RELATED MEDICARE-ELIGIBLE EXPENSES, PATIENT
MUST REIMBURSE MEDICARE. SET-ASIDE IS NOT
BINDING ON MEDICARE
BOTH SCENARIOS: MEDICARE CAN SEEK $$ FROM
PRIMARY PAYER
31.
32. PRESERVING PUBLIC BENEFITS FOR THE
INDIGENT CLAIMANT
AND THE CLAIMANT’S FAMILY
➢SUPPLEMENTAL SECURITY INCOME (SSI)
➢MEDI-CAL
➢8a HOUSING
33. ONCE ASSETS EXCEED POVERTY
THRESHHOLD, BENEFITS WILL BE LOST
SOLUTION:
SPECIAL NEEDS TRUST
34. WHEN NO OTHER PUBLIC HEALTH
INSURANCE BENEFITS ARE AVAILABLE:
INVESTIGATE MRMIP
California Major Risk
Medical Insurance Program
35. 4. Insurance Issues
Coverage, uninsured
defendants and
bankruptcy
considerations
Excess insurance
Cumis counsel issues
Self-Insured interests
and issues
How claim
departments work
36. Insurance Considertaions
Cumis: San Diego
Navy Federal Credit
Union v. Cumis
Insurance Society,
Inc., 162 Cal. App.
3rd 358 (1984).
What Type of Policy?
Is it “triggered”?
37. 5. Getting Authority
Why and how
When to evaluate and obtain authority
How to overcome the problems of access
and understanding
39. 6. Mediator Problems & Preparing
for Mediation
Who to prepare?
Convening issues
Briefs
Pre-mediation activities
Documents
Brain-storming
Goal Setting
Confidential information
40. Common Errors in Mediation
Advocacy
Wrong Client in the room
Wrong lawyer in the room
Wrong mediator
Lack of preparation
Addressing the Wrong Person
Failure to use tools
Timing mistakes
Failure to identify interests
Use of advocacy tone
Reducing offers
Closing too fast
Pushing for too much
Lack of Patience