Disability Law

Affordable Care Act - 4

Posted on June 06, 2013
The Patient Protection and Affordable Care Act (ACA) represents a comprehensive expansion and restructuring of the United States health care system whose most important and controversial provisions for personal injury settlement planning, including the individual mandate and elimination of pre-existing...

Affordable Care Act - 3

Posted on May 30, 2013
The Patient Protection and Affordable Care Act (ACA) represents the most comprehensive government expansion and legal restructuring of the United States healthcare system since the passage of Medicare and Medicaid in 1965. Enacted in March 2010 and upheld by the...

A Response to the SEC Bulletin

Posted on May 28, 2013
Two structured settlement industry leaders have taken issue with a recent Securities and Exchange Commission (SEC) Investor Bulletin providing advice for individuals who are contemplating selling or purchasing (as investors) structured settlement payment rights and/or future pension payments...

Future of Elder and Special Needs Law - 1

Posted on May 14, 2013
"You cannot connect the dots looking forward. You can only connect them looking backwards. So you have to trust that the dots will connect in the future." - Steve Jobs Despite the challenges of predicting the future, the Spring 2013...

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SEC Bulletin Addresses Structured Settlement Transfers

Posted on May 09, 2013
The Securities and Exchange Commission (SEC) Office of Investor Education and Advocacy has issued an Investor Bulletin titled "Pension or Settlement Income Streams: What You Need to Know Before Buying or Selling Them". Although the SEC Investor Bulletin "is neither...

NAELA 2013 Annual Meeting

Posted on May 06, 2013
The National Academy of Elder Law Attorneys (NAELA) celebrated its 25th anniversary last week in Atlanta - commemorating its past achievements, analyzing current legal and demographic issues and preparing for future growth and development. Among many former NAELA Presidents in...

NY Court of Appeals Denies ELNY Review

Posted on May 03, 2013
The New York State Court of Appeals (Court of Appeals), New York's highest judicial authority, has denied a Motion for Leave to Appeal a February 6, 2013 decision bythe Appellate Division of the Supreme Court of the State of New...

S2P2J Release 53

Posted on April 25, 2013
Publisher Law Journal Press is currently distributing hardcopy supplements for Release 53 of "Structured Settlements and Periodic Payment Judgments" (S2P2J). Online S2P2J, which includes a searchable index, download capability and one-click access to cases and statutes, has already been updated...

Affordable Care Act - 2

Posted on April 24, 2013
The Collateral Source Rule The Affordable Care Act (ACA) appears to change settlement planning in fundamental ways. Attorney Scott Solkoff predicted the following changes during his ACA analysis at the ASNP 2013 Annual Meeting: Reduced personal injury verdicts and settlements...

Affordable Care Act - 1

Posted on April 14, 2013
The Affordable Care Act (ACA) refers to two controversial laws enacted in March 2010, the Patient Protection and Affordable Care Act and the Health Care Education and Reconciliation Act, which restructure the fundamental relationship among government, health care providers and...

SSP 2013 Annual Meeting

Posted on April 08, 2013
Since it was founded in 2001, the Society of Settlement Planners (SSP) has defined itself as an alternative to the National Structured Settlement Trade Association (NSSTA); and defined its membership as more than plaintiff structured settlement brokers...

CMS WCMSA Reference Guide - 2

Posted on April 05, 2013
The Centers for Medicare and Medicaid Services (CMS) published an 88-page WCMSA Reference Guide (WCRG) on its website March 29,2013. Its intended purpose: to help WCMSA professionals, beneficiaries and other stakeholders "understand CMS' [WCMSA] amount approval process and to serve...

CMS WCMSA Reference Guide - 1

Posted on April 03, 2013
Thirty-three years following enactment of the Medicare Secondary Payer (MSP) Act and 12 years after the Centers for Medicare and Medicaid Services (CMS) issued its first workers compensation Medicare set-aside (WCMSA) memorandum, CMS has finally published a WCMSA Reference Guide...

ASNP 2013 Annual Meeting

Posted on March 28, 2013
Although special needs (SN) planning encompasses non-personal injury clients, settlement planning, with and/or without structured settlements, represents an increasingly important component of both the SN market and the educational focus of its practitioners...

Spring 2013 Educational Conferences

Posted on March 20, 2013
The following national associations have announced 2013 Spring educational conferences featuring settlement planning issues: Academy of Special Needs Planners (ASNP) March 21-23 in Austin, Texas. National Structured Settlement Trade Association (NSSTA) April 17-19 in Palm Springs, California (members only)...

Reliance Structured Settlement Annuities

Posted on March 17, 2013
What happens, or should happen, to structured settlement payees when the owner of their structured settlement annuities becomes insolvent? Reliance Insurance Company (Reliance), a liability insurer, is the most recent example where these issues are being adjudicated...

ELNY Shortfall Payees Seek Review by NY's Highest Court

Posted on March 13, 2013
Attorneys representing Executive Life of New York (ELNY) structured settlement shortfall payees (Objectors) have filed a Motion for Leave to Appeal dated March 8, 2013 and a supporting Memorandum of Law with the New York State Court of Appeals (Court...

"Shut It Down!"

Posted on March 01, 2013
"It is time to shut down the New York Liquidation Bureau", argues attorney and insurance expert Peter Bickford in his opinion article titled "ELNY Debacle Exposes Serious Problems" which is featured as the cover story in the February 18, 2013...

An ELNY Nightmare

Posted on February 24, 2013
While almost 1500 Executive Life of New York (ELNY) structured settlement shortfall payees await the outcome of continuing ELNY litigation, it is worth remembering how seriously Judge John Galasso's ELNY liquidation order and related restructuring agreement will impact some of...

Structured Settlement Sales Decline in 2012

Posted on February 19, 2013
Sales of structured settlement annuities totaled $4,819,124,617 during 2012 (down from $4,974,710,838 in 2011) as reported today by Melissa Evola in her quarterly summary of United States structured settlement annuity provider premium. The 2012 U.S. structured settlement annual premium total...

ELNY Contempt Order Appealed

Posted on February 18, 2013
Three Executive Life of New York (ELNY) structured settlement shortfall payees (objector respondents) and their legal counsel have filed a Notice of Appeal dated February 14, 2013 challenging "each and every part" of a Contempt Order issued January 25, 2013...

ELNY Appeal Denied

Posted on February 07, 2013
The Appellate Division of the Supreme Court of the State of New York, Second Department, has denied an appeal challenging the Executive Life of New York (ELNY) Order of Liquidation and Approval of the ELNY Restructuring Agreement signed by New...

ELNY Class Action Dismissed

Posted on February 07, 2013
Attorneys representing Executive Life of New York (ELNY) shortfall victims have voluntarily dismissed an ELNY class action lawsuit without prejudice preserving their right to refile claims and tolling the statute of limitations. The dismissal of the ELNY class action lawsuit...

Moody's Downgrades JG Wentworth

Posted on February 07, 2013
Moody's Investors Service has announced a downgrade of its Corporate Family Rating (CFR) for JG Wentworth (JGW) from B3 to Caa1 and has issued the same downgrade for JGW's new $425 million senior secured term loan and $20 million senior...

Structured Settlements in Australia - 1

Posted on February 06, 2013
Several countries, in addition to the United States, have experimented with structured settlements and/or periodic payment judgments as lump sum alternatives for resolving various types of personal injury claims. Canada, the United Kingdom and Continental Europe Canada, where annuity-funded periodic...

Attorneys to Appeal ELNY Contempt Order

Posted on January 28, 2013
Attorney Edward Stone and representatives of the Christensen & Jensen law firm, who are representing Executive Life of New York (ELNY) structured settlement shortfall payees in multiple legal actions, have responded to a contempt order issued January 25, 2013 by...

ELNY Contempt Order Issued

Posted on January 27, 2013
New York Supreme Court Judge John M. Galasso has ordered legal counsel for three Executive Life of New York (ELNY) structured settlement shortfall payees in civil contempt for filing an ELNY class action lawsuit in the United States District Court...

Superintendent Argues for ELNY Class Action Dismissal

Posted on January 20, 2013
Attorneys for Benjamin M. Lawsky, Superintendent of Financial Services of the State of New York, in his capacity as Receiver of Executive Life Insurance Company of New York (ELNY), filed a Notice of Motion January 18, 2013 with the United...

Secondary Market Update

Posted on January 15, 2013
DBRS 2013 Outlook DBRS, a rating agency that covers various structured finance product groups including structured settlement payment rights, has published its 2013 Outlook for commercial asset-backed securities. Among DBRS' observations and projections for the structured settlement secondary market: "From...

J.G. Wentworth Abandons Sale Plan

Posted on January 09, 2013
Bloomberg News reported earlier this week that JLL Partners, owners of J.G. Wentworth (JGW), have abandoned plans to sell the company after bids failed to meet expectations and may now consider a dividend recapitalization or an initial public offering instead...

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