Under the Omnibus Budget Reconciliation Act of 1993 ("OBRA 93"), the use of a Special Needs Trust prevents the amount paid pursuant to a personal injury settlement from disqualifying a plaintiff from receiving Supplemental Security Income and Medicaid payments.

The importance of preserving Medicaid benefits for the severely injured or disabled cannot be understated. Even in the largest cases there is rarely sufficient net settlement proceeds to provide fully for an injured or disabled plaintiff's life care needs. Consider, also, that severely injured or disabled plaintiffs are generally uninsurable. In combination, insufficient net settlement proceeds, the loss of insurability and the loss of Medicaid benefits would have a catastrophic impact on the life of the plaintiff. Therefore, every reasonable care must be taken by plaintiff attorneys to prevent the loss of collateral source benefits to his or her client.

Special Needs Trust Services available through Delta Group

IBAR Settlement Company, Inc.
Trust Administration Service Nationwide
910 Huntington Drive
San Marino, CA  91108
Phone: 626-570-4888   Fax: 626-570-4880
email:

The Settlement Law Group
David M. Higgins, Esquire
(A law firm specializing in Special Needs, Medicare Set-Aside Trusts
& Qualified Settlement Funds)
611 west 6th Street
Suite 1600
Los Angeles CA 90011
Phone: 213-833-0200    Fax: 213-833-0204
website: www.settlementlaw.com
email: dhiggins@settlementlaw.com

One World Legacy & Estate Planning
Ron Feinman

Estate, Business & Legacy Planning and Design :: Asset Protection:: Wealth Counsel
801 Main Street Suite 702
Lynchburg, VA 24504
Phone: 434-528-0696    Fax: 434-528-3220
email : rfeinman@oneworld.ws