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Disability Law

: Beyond Structured Settlements

S2P2J Release 46

By Patrick Hindert

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Incisive Media has announced the publication of Release 46 for "Structured Settlements and Periodic Payment Judgments" (S2P2J). Co-authored by Daniel Hindert, Joseph Dehner and Patrick Hindert, S2P2J was first published in 1986 and has since been featured as a recommended text for professional certification programs sponsored by both the National Structured Settlement Trade Association (NSSTA) and the Society of Settlement Planners (SSP).

S2P2J Release 46 Highlights

  • New Medicare/Medicaid mandatory reporting rules for insurers and others with full details about the scope of reporting, exclusions and requirements that affect defense attorney obligations and secondary payers in personal injury claim settlements;
  • Third Circuit decision affirming addition of "tax offsets" to compensatory damages in an ADA case, with important implications for non-physical injury cases;
  • Private Letter Ruling confirming that non-qualified assignment payments are not taxed until the year received;
  • Importance of allocating state Medicaid liens and negotiating in advance of settlement with state providers, based on adverse ruling in an Idaho case;
  • Up-to-date growth rate figures for medical care expenses and earning for non-farm workers, plus the latest data on structured settlement annuity use;
  • Factoring company victory in California appeals case concerning right to dismiss cases when trial judges refuse transfer petitions;
  • Developments in Australia and the United Kingdom regarding tax-free nature of structured settlement receipts and proper growth rates for periodic payment judgments.

S2P2J Release 47, available March 2010, will feature Sylvius von Saucken as a chapter and subject expert. von Saucken, a partner in the Garretson Law Firm and Chief Compliance Officer for The Garretson Firm Resolution Group (GFRG), will add his analysis to:

  • Chapter 3 - "Financing Alternatives for Structured Settlements";
  • Chapter 14 - "Structuring Workers Compensation Claims";
  • Chapter 15 - "Government Benefits and Structured Settlements".

S2P2J Release 47 will also feature expanded commentary for:

  • Structured settlement public policy;
  • Single claimant Qualified Settlement Funds (QSFs); and
  • Secondary market developments.

Full post as published by Beyond Structured Settlements on September 09, 2009 (boomark / email).

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