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Synergy receives numerous calls every week regarding what is required to properly self-administer an MSA. The purpose of this article is to provide some guidance to attorneys regarding self-administered Medicare set aside (MSA) accounts. In administering MSAs, funds may only be used to pay for future Medicare covered, injury related medical expenses of the plaintiff.
By B. Josh Pettingill, MBA, MS, MSCC Plaintiff attorneys should go on the offensive in regards to any Medicare set aside (MSA) issue that may arise in a personal injury case involving a current Medicare beneficiary. According to the May 25, 2011 CMS policy memorandum issued from the Dallas regional office, an MSA is never […]
This case has gained national attention amongst the trial bar for its far reaching implications. Synergy is on the forefront of protecting plaintiffs and the plaintiff’s bar which is why we feel so strongly about how the court in this case simply got it all wrong.
Leif Lundberg, LL.M and Ben Eisler, JurisPrudent Deferral Solutions Takeaways Defer compensation like Fortune 500 executives do, so your money grows faster. Tie your fee to the returns of investments that you select – stocks, bonds, real estate, etc. Gain access to low-interest loans, as needed, to fund cases (currently 3-4%). Use “golden handcuffs” to […]
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC In the confusing landscape of public benefits and planning issues that arise today for trial lawyers, finding your way can be a daunting task. Should the client seek Social Security Disability (“SSDI”) benefits and become Medicare eligible? Doesn’t that trigger the need for a Medicare Set Aside? […]
In Allena Burge Smiley v. Hartford Life and Accident Insurance Company, et. al, No. 15-10056 (11th Cir. 2015), the Eleventh Circuit reiterated what Synergy regularly advises clients to do regarding the statutory document request pursuant to 29 U.S.C. 1024(b)(4) – send it to the right place! The first step in properly defending against an asserted […]
By Jason D. Lazarus, J.D., LL.M, MSCC Recently, an Arizona Federal judge ruled that he would not make a determination on whether a Medicare Set-Aside (MSA) is necessary on a medical malpractice case. According to Judge Stephen McNamee: [t]he Court finds that there is no justiciable case or controversy ripe for review. As such, the […]
Montanile v. Board of Trustees of National Elevator, 577 U.S. ____ (2016) In the post McCutchen world wherein trial attorneys find themselves at the mercy of ERISA Plans, it was with a measure of dread that we anticipated another unfavorable ruling from the U.S. Supreme Court in Montanile. (See previous blog post). However, Justice Clarence […]
Bet On Your Health! A pre-tax and tax-deferred attorney fee structure offers great benefits to attorneys who earn contingent legal fees. In essence, it is an unlimited retirement investment vehicle exclusively for attorneys. Using annuity based fee structures, an attorney can get a guaranteed competitive fixed rate of return. The returns are typically similar to […]