Category Archives: Strategies and Structured Settlements

Advanced Skills Paralegal Conference 2014- Friday, April 25th, Galveston, Tx

Happy Thursday.  If your paralegal is due for a break and great information, please check out this conference:

Houston Paralegal Association proudly announces:

Advanced Skills Paralegal Conference

2014

Friday, April 25, 2014

Galveston Island Convention Center, Galveston Texas

Please click below for more information!

Houston Paralegal’s Association Annual CLE

 

Can the Affordable Care Act Be Used to Mitigate Future Damages?

See below for an interesting article published by Litigation Management Magazine.

By:  Jack Hipp & Caryn L. Lilling for Litigation Management Magazine

The Affordable Care Act (ACA) adopted by Congress in March 2010 and deemed constitutional by the United States Supreme Court, provides that all persons in the United States be provided health insurance regardless of their health or financial situation.  Under the ACA, a medical insurer can no longer deny coverage on the basis of a pre-existing condition. Furthermore, the ACA requires individuals to purchase health insurance or pay a penalty.  The purpose of this “individual mandate” is to reduce the overall number of uninsur-eds.  Thus, where-as in the past, an injured plaintiff would most likely be denied health insurance, now that person can get coverage and has an incentive to get coverage to avoid the penalty.

Mandates and Require-ments. The ACA’s so called “individual mandate” takes effect January 1, 2014, and requires every applicable individual to obtain minimum essential coverage or pay a penalty. The minimum essential coverage required must include ambulatory patient services, emergency room services, hospitalization, maternity and newborn care, mental health and substance abuse, prescription drugs, rehabilitative services and devices, lab services, preventive and wellness services, chronic disease manage-ment and pediatric services…

Click the following link for the full article: http://www.litigationmanagementmagazine.com/litigationmanagementmagazine/winter_2014#pg34

Special Needs Trusts Require Key Choices

Settling a lawsuit with an injured party who is receiving Medicaid?  This is a very helpful article by William Winslow.  Happy Monday!

By William L. Winslow and Published in the Los Angeles Daily Journal on Thursday, August 22, 2013

When an injured party settles a suit for personal injury damages or a claim for workers’ compensation benefits and needs to have a special needs trust, or SNT, established to receive the settlement proceeds, key planning decisions involving choice of a trustee and funding of the trust are required.

An SNT is needed where the injury victim has to become or remain eligible for certain means-tested government assistance programs.  In general, to be eligible a disabled or elderly individual may have no more than $2,000 in available resources and there are strict limits on monthly income.

For the full article, click below:

http://origin.library.constantcontact.com/download/get/file/1103500019804-325/Daily+Journal+Article+8.22.13.pdf

Effective Strategies for Productive and Short Office Meetings- (Yes, there is a way to have both!)

 “A great strategy meeting is a meeting of minds.”
~Max McKeown

Would you like to have more productive, effective, and shorter meetings in your office?

In the below article by MaryEllen Tribby, you’ll learn terrific strategies for group and one on one meetings, and ultimately, “how you can gain an extra 10 weeks of progress in your business per employee!”.

Turning Wasted Hours into Cash
By MaryEllen Tribby- Published on Working Moms Only on December 16, 2013

The average amounts of time junior and mid-level employees spend in business meetings is 8.4 hours a week.

Let’s keep doing the math . . .

That 8.4 number of hours a week equals 33.6 hours a month and a staggering 403.2 hours a year! Think about that. If your team is working on a 40-hour workweek, that’s over 10 weeks of time they are spending just in meetings.

And, that number only increases for executives. According to Harvard Business School, executives spend 18 hours per week in meetings.

So, ask yourself right now, is it worth it? Are you getting your desired return on investment (ROI) for that meeting time?

Most likely you are screaming “NO” in your head.

Your Keys to Productivity and Profitability

Think about it. Time is our greatest commodity. It is something we can never get more of. It is something if spent correctly can make us happy, healthy and wealthy. And, it is something that if spent poorly can make us miserable and broke.

It is critical that you use that 10 weeks of meeting time to turn your company into the best company it can be.

And the fact of the matter is, in order to grow and be a profitable company with multiple team members, meetings are a necessary reality.

So, let’s do them right!

First, let’s talk about the kind of meetings you need to have to run a great company.

As the CEO of your company, you can basically break your meetings down to three types:

•   Staff meetings
•   Project/franchise meetings
•   One-on-ones

The following chart clearly indicates the meeting type, who attends, the frequency and the purpose:

* If you have more than 50 employees, your staff meeting should be every other week. If you have more than 100 employees, your staff meeting should be once a month.

The New Rules of Meetings

If you really want your time to count, make sure every meeting has the following:

•  A start AND end time that is not on the hour or the half:  Most folks schedule meeting right at the top of the hour and many on the half. So they schedule for 2:00 or 2:30. But to get the most out of your meeting, you should start scheduling your meetings at 2:05. This sends a clear message that you are protective about your time and everyone should be respectful of your time and their own time as well.

Also, by stating an end time, you keep the meeting moving. It is clear that this is business and not a social session.

•  Create and provide an agenda: Whoever scheduled the meeting should create a detailed agenda (or assign someone to create the agenda). This agenda should be emailed to all attendees prior to the meeting. It should actually be sent by COB the day before so that all attendees can come to the meeting prepared. They may also have items to add to the agenda.

•  Everyone should bring a POA sheet to the meeting: POA stands for Plan of Action. The only reason to have meetings is to move the company forward. If only a few people have a POA after each meeting – perhaps you need to reevaluate if you have too many employees or if you have the right employees.

One–on–one meetings are for all people who manage someone else. Regardless if this is new for you or if you have been doing it for years, you need to ask the right questions to your team.

The following are the questions that you need to give only to your executives. They should come into the meeting with all these questions already answered.

Team: One-On-One Prep Form

Name:
Date:

•  What is the most important thing we should be talking about: (list three)
•  What key projects are you working on? (list three)
•  What have you accomplished since we last spoke? (list all)
•  What isn’t working right in our organization, yet. (list all, in order of priority)
•  What is the largest long-term opportunity facing our company?
•  What could you be doing about it this month?
•  What is the most important decision you’re facing?
•  What’s keeping you from facing it?
•  What single thing could you do this month to bring the most value to our company?
•  List your direct reports and rate their effectiveness on a scale of 1 – 10 for this month
•  Update on key goals
•  List 30 day priorities
•  List action items with due dates

This will not only be a tremendous help to you, but it will give your entire team a clear understanding of how they are doing on his or her own.

Structured Settlement Company Underwriting Overview- 2013

There are 9 companies that are involved in the structured settlement annuity marketplace, and one company that uses tax-free treasury bonds to underwrite structured settlements. All are strong companies and highly rated.

Each of these companies has made a commitment to our industry, and works only with approved structured settlement consultants.  Structured settlements is the one area that is separate and apart from any other products that the general insurance company broker can write.

Some defendants have particular companies they have on an approved list due to their own criteria.  There are also some plaintiffs or ad litems that have specific companies they like to use.

From a plaintiff, defendant or ad litem perspective, there are several items that can differentiate one company from another. In future discussions, we will talk about these more:

  • What are the minimum and maximum premium amounts?
  • What are “daily rates”?
  • What additional riders are offered– estate commutation, hardship, etc.?
  • Will they provide “rated ages” for life annuities?
  • Do they structure attorney fees and how- whether with the claimant or standalone?
  • Will they structure non-physical injury cases such as employment cases, divorce settlements, etc.?
  • Current proposal rates?

From a Texas perspective,  all of these companies below meet the basic criteria of Texas Property Code Section 142.008 to be used in a minor case.

Many have been around a long time- several more than 100 years:

American General Life Insurance Company  (A XV)

Berkshire Hathaway Insurance Company  (A++ XV)

Liberty Mutual Insurance Company  (A XV)

Metropolitan Life Insurance Company  (A+ XV)

Mutual of Omaha (A+ XII)

New York Life Insurance Company  (A++ XV)

Pacific Life Insurance Company  (A+ XV)

Prudential Insurance Company of America  (A+ XV)

Treasury Funded Structured Settlements (TFSS)

I will be highlighting each of the life companies in the future.  It will be a helpful resource to you when you are involved in a minor settlement or when you want to know more about what can be offered to the claimant in preparing or accepting a settlement offer.

If you wish to see a full list of the life companies and their ratings, click here: http://www.haneystructures.com/lifecompanies.html

CLE- What Every Attorney and Ad Litem Needs to Know About Minor Settlements- October 23rd

Judge Joseph “Tad” Halbach and I will be presenting a CLE event for the Houston Young Lawyers Association on Wednesday, October 23, 2013, from 12:00 to 1:00pm on the 17th Floor of the Courthouse.   Lunch is also provided.  You can attend even if you are not a member of HYLA. See below for more information and to register:

“What Every Attorney and Ad Litem Needs to Know About Minor Settlements.”

By  Judge Joseph “Tad” Halbach, 333rd District Court  and Jayna Haney, Structured Financial Associates, Inc.

Minor settlements and the laws regarding them can be more complicated than attorneys may realize.  From the rules and statutes that apply to the best utilization of the settlement funds, this discussion is guaranteed to provide a new understanding and important information… straight from the Bench.

>http://www.hyla.org/calendar/calevent.asp?mode=VIEW&cdEventCurrentDate=10/23/2013&CID=2&Cal_Month=10&Cal_Year=2013&Cal_Share=-1&Cal_Cat=&Cal_SubCat=0&Cal_Ctry=0&Cal_Loc=&COID=&CalView=0&txtEventID=10694

Super Lawyer discusses structured settlements

California “Super Lawyer” Erik Peterson discusses brain injury cases, special needs trusts, and structured settlements:

My thanks to NSSTA for this post.

Making ends meet on healthcare

One of the key long-term concerns of many accident survivors involves finding acceptable and affordable health insurance.  Two news stories this week show how daunting this task is and point out the vital need for accident victims to ensure regular (and significant) funding to cover their healthcare needs.

HealthcareThis article written and posted by National Structured Settlements Trade Assocation –www.nssta.com.

For a free NSSTA handout about post-accident financial strategies, please click here.

Start with indications that many employees are having their weekly hours cut so they fall below the coming federal standard to qualify for employer-sponsored health coverage, according to this new survey from the International Foundation of Employee Benefit Plans.

One in six employers (16%) have adjusted or plan to adjust their employees’ hours so that fewer reach the 30-hour per week level necessary to qualify for healthcare.  Also, one quarter of employers (25%) surveyed reported expanding High-Deductible Health Plans (HDHPs).

As this recent Los Angeles Times article points out, HDHPs do have advantages including that they are generally inexpensive.  But the article notes a key drawback.  For people “who don’t have a lot of cash on hand, these policies can be a poor choice. Often, they hesitate to seek care when they become ill or injured.”

The second news story involves a sobering healthcare survey from Fidelity Investments.  A 65-year-old couple retiring in 2013 without employer-provided retiree health insurance will need about $220,000 to pay for their medical-related expenses.

This is down from last year, according to Fidelity, primarily due to changes in demographics and smaller payment increases to doctors and hospitals.  But it is obviously still a daunting figure.

Equally important, as Fidelity notes, this does not include the potential costs of long term care.  “The estimate… does not include any costs associated with nursing home care and applies to retirees with traditional Medicare insurance coverage,” says the report.

Both news stories show the need for everyone – especially the accident survivor needing extensive rehabilitation or medical care – to guard their financial futures.  Nothing does that better than a structured settlement, whose payments are not subject to reductions due to interest rate or market changes and which is backed by exceptionally safe “investment grade” assets.

http://www.nssta.com/blog/making-ends-meet-healthcare

Why are Installment Sales Gaining in Popularity?

2013 saw the highest tax increase in history, including tax increases on ordinary income, investment   income, and capital gains.This article is written by Doug Brand with Platinum Marketing.

Long term capital gains have enjoyed low levels of taxation, keeping the wasting of assets to taxes at a minimum. With the increase in capital gains, deferral mechanisms are growing in popularity.

Income earned through capital gains is not subject to the standard income tax brackets, but is instead taxed at a special capital gains tax rate depending on both the type of investment and the taxpayer’s normal tax bracket. While many taxpayers believe capital gains to be 15% to 20%, there are actually a number of   different brackets depending on the type of property. For example, collectibles and art are taxed at a much higher rate than real property. Federal capital gains rates are below:

Ordinary
Tax Bracket
Capital Gains
Long-term
Capital Gains
Short-term
Real Estate
Long-term
Collectibles
Long-term
Special Stock
Long-term

10%

0% 10% 10% 10% 10%

15%

0% 15% 15% 15% 15%

25%

15% 25% 25% 25% 25%

28%

15% 28% 25% 28% 28%

33%

15% 33% 25% 28% 28%

35%

15% 35% 25% 28% 28%
When you factor in state and local taxes, a taxpayer could lose a third or more of their business or property when they sell it.

Installment Sales and Structured Sales remain a time tested method for deferring capital gains.

“You also have to know what to do after the settlement.”

“Placing your money in the stock market can be a risky bet these days. 

[A structured settlement] can be a really important tool to consider when you’re looking at the long term.”

Posted on March 4, 2013 at the NSSTA blog:  www.nssta.com/blog

That’s Virginia trial attorney Jesse Suit, III speaking in a recent video his law firm uploaded to YouTube.  A partner at the Kalfus & Nachtman law firm in Norfolk, Virginia, Suit explains multiple reasons he recommends that his clients look at a structured settlement.

In addition to the clear-cut tax benefits (all structured settlement income is exempt from federal and state taxation), he cites the ability to tailor payments to meet each client’s specific need regardless of whether that involves monthly, quarterly or even yearly payments.

Suit is a member of the Louisiana and Virginia State Bars and the Admiralty Section of the Association for Justice. In addition to his litigation practice at Kalfus & Nachtman, he frequently lectures on maritime and evidentiary issues.

In the video, Suit also shares the story of a former client who used a structured settlement to fund his young children’s college educations.

“Not only is it important to win your case and get a settlement,” he says, “You also have to know what to do after the settlement.”