Protecting the Recovery – Preservation of Needs-Based Benefits & Other Considerations

August 10, 2023
By Jason D. Lazarus, J.D., LL.M., MSCC
Section 1: Introduction to Special Needs Trusts
Medicaid and SSI are income and asset sensitive public benefits, which require planning to preserve. In many states, one dollar of SSI benefits …
Settlement Compliance Strategies for Closing Cases

October 13, 2022
By Jason D. Lazarus, J.D., LL.M., CSSC, MSCC
Ethical Issues at Settlement
Suffering even a moderate personal physical injury can create difficult challenges both financially and emotionally for even the strongest among us. However, what happens when …
Advanced Strategies for Closing Cases Compliantly: A Case Study

November 11, 2021
In the confusing landscape of public benefits and planning issues that arise today for trial lawyers when settling catastrophic injury cases, finding your way can be a daunting task. Many
questions come up such as should the …
What Should You Do About Possible Health Insurance Liens?

August 12, 2021
When handling a third-party liability case and you know your client had health insurance that paid the medical expenses, should you check to see if there is a lien interest on the settlement funds? …
Medicare Compliance – How to be TOTALLY Medicare Compliant

Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
So, what do lawyers assisting Medicare beneficiaries do given all of the issues surrounding representing Medicare beneficiaries?
To learn more, download the White Paper below:…
White Paper: Hospital Liens Carry Ethical and Legal Obligations but present Opportunity for Deep Reductions

April 22, 2021
Michael D. Walrath, Esq.
Direct provider “liens” against settlement proceeds have teeth, whether hospital or physician liens, statutory or contractual. The various positions of state bar associations on these issues, and the limited law delineating them, have …
Compliance Strategies for Closing Cases in 2020 and Beyond

Suffering even a moderate personal physical injury can create difficult challenges both financially and emotionally for even the strongest among us. However, what happens when someone suffers a serious or catastrophic personal physical injury? Do they get the proper counsel …
Attorney Fee Deferral: Unique Planning Tool to Defer Taxation of Contingent Legal Fees

May 13, 2020
An often-overlooked issue for plaintiff attorneys is the management of taxation of their own contingent legal fees. As part of the normal rhythm of their practices, many attorneys experience peaks and valleys with their own personal income. …
White Paper: You Can’t Refer a Case and Wash Your Hands Clean of Obligations to Reimburse Medicare

If you take nothing else from this, when you refer a case to another firm you need to make sure you have 3 things: 1) A written fee agreement; 2) A copy of the lawyer’s malpractice insurance policy declarations and …