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Disability Law

Beyond Structured Settlements Beyond Structured Settlements

This blawg is written for the structured settlement and personal injury communities of practice including attorneys, judges, and consultants.

Post Frequency: 2.2/day

Last Entry: April 21, 2014 at 18:45:38

Recent Entries: 398

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Equity-Indexed Structured Settlements

Posted on April 21, 2014
In a market desperate for innovation, Pacific Life Insurance Company appears to have answered the call with a new, optional "Indexed-Linked Annuity Adjustment Payment Rider" (ILAAPR) for its structured settlement products. Although life insurance companies first offered equity-indexed annuities during...


WCMSA Self-Administration Toolkit

Posted on April 15, 2014
Continuing a series of workers compensation (WC) Medicare set-aside (MSA) regulatory compliance initiatives, the Centers for Medicare and Medicaid Services (CMS) has published a WCMSA Self-Administration (SA) Toolkit. CMS' stated purposes for this Toolkit are to help WCMSA self-administrators: Manage...


Person-Centered Planning

Posted on April 13, 2014
Although personal injury settlement planning (settlement planning) might be suggestive of "person-centered planning", (PCP) the latter term has a special meaning for disabled persons. Surprisingly, PCP is rarely, if ever, specifically discussed during educational conferences sponsored by structured settlement, settlement...


ASNP 2014 Annual Conference

Posted on April 06, 2014
Personal injury settlement planning and special needs planning represent two overlapping professions undergoing transformation and expansion as complex new legislation, regulations and case law interact to redefine their legal environment. In addition to studying these new laws, settlement planners and...


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SSP 2014 Secondary Market Panel

Posted on March 31, 2014
In addition to its other accomplishments (most notably publication of "Standards of Professional Conduct for Settlement Planners"), the Society of Settlement Planners (SSP) has distinguished itself by sponsoring educational programs addressing issues, featuring speakers and permitting perspectives the more defense-oriented...


Settlement Annuities

Posted on March 26, 2014
The introduction of two non-traditional "structured settlement" products underscores the expanding role of annuities in personal injury settlement planning (settlement planning) but also raises fundamental questions about suitability, due diligence and industry education...


Dodd-Frank and Structured Settlements

Posted on March 13, 2014
What impact will the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act, and related international regulatory developments, have on structured settlement annuity providers? Proposed Amendment to Dodd-Frank That issue was indirectly spotlighted this week when Senator Susan Collins (R...


Cornell Disability Studies, Research, Statistics

Posted on March 07, 2014
Two publications have recently highlighted the important role of Cornell University in expanding disability studies, research and statistics. Wall Street Journal Article A March 5, 2014 Wall Street Journal (WSJ) article (subscription required), titled "Disability Studies: Hot Topic on Campus"...


S2P2J Release 55

Posted on March 03, 2014
Publisher Law Journal Press anticipates a Spring 2014 distribution date for hard copy supplements for Release 55 of "Structured Settlements and Periodic Payment Judgments" (S2P2J) with online S2P2J subscribers receiving their update automatically and simultaneously...


Primary Market Update

Posted on February 25, 2014
Structured settlement primary market annuity sales increased approximately seven (7%) percent to $5.134,380,855 in 2013 (compared with $4,819,124,617 in 2012) according to industry estimates compiled and recently published by Melissa Evola. Total 2013 structured settlement cases also increased to 26,533...


Sanders v. JGWPT Holdings

Posted on February 19, 2014
A new Class Action lawsuit has escalated the legal battle in Illinois concerning the impact of "anti-assignment" restrictions on transfers of structured settlement payment rights. In the lawsuit, Plaintiff Valerio Sanders seeks to represent the following class: "Those individuals who...


AAJ 2014 Winter Meeting

Posted on February 16, 2014
More than 2000 personal injury plaintiff attorneys (plaintiff attorneys) converged on New Orleans this past week for the American Association for Justice (AAJ) 2014 Winter Meeting. Most plaintiff attorneys view themselves primarily as litigators and therefore prioritize their roles and...


Secondary Market Update

Posted on February 03, 2014
This structured settlement secondary market report updates S2KM's most recent secondary market reporting: Structured Settlements 2013 - Secondary Market Asta Funding Acquires CBC Settlement Funding Falsified New York Transfer Orders S2KM previously reported that a New York law firm had...


NAMSAP 2014 Regional Conference - 2

Posted on January 23, 2014
WCMSA Market Metrics The recent National Alliance of Medicare Set-Aside Professionals (NAMSAP) Regional Conference highlighted the strategic importance of workers' compensation Medicare set-aside arrangements (WCMSAs), and their growth potential for structured settlements - as well as the need for more...


NAMSAP 2014 Regional Conference - 1

Posted on January 21, 2014
The National Alliance of Medicare Set-Aside Professionals (NAMSAP) Regional Conference, held earlier this month in Miami, Florida, highlighted the strategic importance of workers' compensation Medicare set-aside arrangements (WCMSAs), and the growth potential of structured settlements, resulting from recent legislative and...


Congress Modifies Federal Medicaid Statute

Posted on January 07, 2014
Section 202(b) of the Bipartisan Budget Act of 2013, enacted by Congress on December 18, 2013, modifies the federal Medicaid Secondary Payer statute and permits recovery for ?any payments by such third party.? Under the Medicaid Secondary Payer statute, Medicaid...


"ObamaCare is Slowing Health Inflation"

Posted on January 07, 2014
"[T]here are three kinds of falsehoods, lies, damned lies and statistics" according to the late Arthur James Balfour, a former Prime Minister of the United Kingdom, as quoted in the Manchester Guardian, June 29, 1892. Consequently, when the Centers for...


Asta Funding Acquires CBC Settlement Funding

Posted on January 07, 2014
Asta Funding, Inc., ("Asta") a publicly traded company (Nasdaq: ASFI), has announced the December 31, 2013 acquisition of an 80% ownership interest in CBC Settlement Funding, LLC ("CBC"), a structured settlement factoring company. The announcement indicates Asta, "through a subsidiary...


2014 Educational Conferences

Posted on January 05, 2014
Personal injury settlement planning conferences will start early in 2014 when the National Alliance of Medicare Set-Aside Professionals (NAMSAP) hosts a Regional Meeting in Miami, Florida on January 10. Here is a preliminary listing of 2014 educational conferences and events...


Structured Settlements 2013 - ELNY and Reliance

Posted on December 30, 2013
Structured settlements are supposed to provide economic security for people with serious injuries and disabilities - to help them rebuild their lives and, in many cases, to achieve special lifetime accomplishments. Instead of an all-cash personal injury settlement, structured settlement...


Structured Settlements 2013 - Secondary Market

Posted on December 29, 2013
While Berkshire Hathaway quietly assumed leadership among primary market structured settlement annuity providers during 2013, J.G. Wentworth (JGW) continued to consolidate its control of the secondary market with the same "subtlety" and ubiquitousness that have characterized its late-night television advertisements...


Structured Settlements 2013 - Settlement Planning

Posted on December 22, 2013
Despite an abundance of related professional associations, participants and conferences, as well as legislative and regulatory developments, personal injury settlement planning (settlement planning) remains an evolving concept with competing definitions, standards and business models and many unanswered questions...


Structured Settlements 2013 - Primary Market

Posted on December 12, 2013
The U.S. structured settlement industry in 2013 continued to define itself into three related markets (primary, secondary and settlement planning) with the liquidations of Executive Life Insurance Company of New York (ELNY) and Reliance Insurance Company representing important industry storylines...


Former Executives Sue J.G. Wentworth

Posted on December 06, 2013
Former J.G. Wentworth (JGW) executives and Directors, Michael Goodman and Gary Veloric, (Plaintiffs) have filed a Complaint in the Court of Chancery of the State of Delaware against current CEO David Miller, three current JGW Directors and multiple JGW affiliate...


Reliance Structured Settlement Annuities - 2

Posted on December 05, 2013
Pennsylvania Commonwealth Court Judge Bonnie Brigance Leadbetter has signed an Order approving a Transfer and Assumption Agreement whereby Reliance Insurance Company will transfer all Reliance-owned structured settlement annuity contracts and corresponding payment obligations issued by Genworth Life Insurance Companies to...


J.G. Wentworth Update

Posted on December 02, 2013
November was an "interesting" month for JGWPT Holdings Inc. (JGWPT), the leading purchaser of structured settlement payment rights, which markets under the names of J.G. Wentworth (JGW) and Peachtree Settlement Funding (Peachtree). Significant developments included: 1) falsified transfer orders in...


Brenston Appeal Denied

Posted on November 27, 2013
The Illinois Supreme Court has denied Peachtree Settlement Funding's petition for appeal of the 4th District Illinois Court of Appeals' decision in the Settlement Funding v. Cathy Brenston case. The earlier Court of Appeals decision held the Illinois state court,...


Anti-Assignment Restrictions

Posted on November 26, 2013
Structured settlement transfers require that payment rights be assignable. Otherwise, transfer (factoring) companies have no direct right against the structured settlement obligor or annuity issuer. Prior to enactment of IRC 5891 and the state protection acts, the validity and enforceability...


GABC Publishes Final ELNY Schedule 1.15

Posted on November 19, 2013
The Guaranty Association Benefits Company (GABC), successor to liquidated Executive Life Insurance Company of New York (ELNY), has published two versions of a final liquidation date Schedule 1.15 on its website. Among the significant details: Thirty-seven (37%) percent of all...


Outrage or Solutions?

Posted on November 13, 2013
Responding to S2KM's prior blog post titled "New York Transfer Orders Falsified", one primary market structured settlement leader has written to S2KM asking "where is the outrage?" The initial answer is likely "almost everywhere" within both the primary and secondary...


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