Guardianship and Probate Work
Medicaid and Medicare Lien Resolution and Reduction Services
As most Trial Attorneys are well aware, the verification of and dealing with Medicaid and Medicare liens and now Medicare Set Aside Arrangements (“MSA”s) on a case can be a very time consuming and tedious process. In an effort to assist in this matter, we have two levels of services we recommend:
- Medicare Liens and MSAs – While we do not provide the actual service of verifying, negotiating and satisfying Medicare subrogation liens, we are familiar with the issues and can guide the Trial Attorney to services providers that do provide such service. We are actively engaged in counseling as to the need and appropriate allocation for MSAs. We provide such service as a flat fee. We coordinate with the appropriate groups that perform qualified MSA analysis to determine the scope and amount for an MSA and the appropriate steps to take once the decision has been made to fund an MSA or not.
Special Needs Trusts and Counsel on Government Benefits Issues
A common question that the trial attorney comes across in their practice from a client is, “Now that I’m receiving this award, do I really need my government benefits anymore?” The answer to this question depends on many factors. Are the government benefits being received based on their current financial condition or are they benefits the client has earned through their work history? If the beneficiary of an award is a minor, how does any recovery their parents receive affect such minor’s benefits? What truly is a special needs trust and how does it work? I’m not currently receiving government benefits, but do I qualify? What options are there for me under the new health care legislation?
The answers to all of the above questions will bring multiple additional questions which most trial attorneys are not prepared to answer. At the firm, we are specialists in the area of government benefits and can help guide the client through the maze of options available to them and craft a solution that fits such client’s specific situation. Mr. Suarez has many years of experience counseling recipients of personal injury settlements on such matters. Depending on the exact situation, such counsel is usually provided concurrent with the guardianship, probate and special needs trust work provided to the client. In certain situations such services may be a separate fee to the client. For smaller settlements, we charge a consultation fee and provide the trial attorney with the appropriate language to place on the closing statement and have the client attest to so that everyone is protected.