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We help our clients preserve their assets, lifestyle, public benefits and peace of mind.

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Personal Injury Attorneys

Learn more about Settlement Services for Personal Injury Attorneys

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Frequently asked questions about Settlement Services PDF Print E-mail

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Frequently asked questions about Settlement Services:

Qualified settlement funds (QSFs) – also called 468B settlement funds or Section 468B trusts after its Internal Revenue Code Section – are tax-qualified (non-taxable) trusts specifically designed to receive proceeds from a lawsuit settlement. It’s a simple trust that’s easy to set up, allows one or more defendants to pay into it, and provides the beneficiary(ies) – the plaintiff(s) – with unparalleled tax benefits, such as the use of structured settlement annuities, the use of special needs trusts, lump sum payouts and more. The money is paid into a trust while the Medicare and/or Medicaid liens are negotiated. The attorney of the plaintiff(s) is paid immediately while the plaintiff(s) can carefully consider their planning options.

If you receive a settlement in a worker’s compensation case, a Medicare set-aside arrangement would apply to you. Kearns & Kearns can assist you with this allocation of funds.

The U.S. Centers for Medicare & Medicaid Services (CMS) holds all parties in a workers’ compensation case responsible for allocating a portion of the settlement for future medical expenses. Their recommended way to do this is through a Worker’s Compensation Medicare Set-Aside Arrangement (WCMSA). How much should be set aside is determined by CMS. Once this amount is exhausted and verified by CMS, Medicare takes over, paying for all future Medicare-covered expenses relating to the worker’s compensation injury.


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Kearns & Kearns
1121 New Britain Avenue
West Hartford, CT 06110
Phone: 860.233.1281
Fax: 860.523.5774
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