Combining Structured Settlements, MSAs, and Pooled Special Needs Trusts: Preserving means-tested government benefits

Rachel Baer | Commonwealth Community Trust

Rachel Baer, Esq. is Counsel and Director of New Client Services at Commonwealth Community Trust, a non-profit pooled trust administrator serving beneficiaries across the United States who are injured, vulnerable, or have special needs.

Prior to joining CCT, Ms. Baer was a partner at Family First Law Group, PLLC, in Alexandria, Virginia, and her practice focused on estate planning, estate and trust administration, and guardianship and conservatorship. Before entering private practice in 2012, Ms. Baer served as an Assistant Attorney General in the Virginia Attorney General’s Health Services Section for two years, helping to advise several state agencies that provide services to persons with disabilities.

Henry L. Strong | JMW Settlements, LLC

Henry L. Strong joined the firm in 1985 after initiating his career in finance at Merrill Lynch. A natural speaker and writer, Henry’s ability to explain complex subjects in simple terms has made him a regular speaker at Continuing Legal Education and Bar Association Seminars. His “ABC’s of Structured Settlements” series have become industry staples, illuminating the benefits and limitations of this settlement option. A  nationally recognized expert on fiduciary duty as it pertains to settlement decisions, Henry enjoys revealing hidden value through betterdesign.

Direct: 202.463.1990 | e-mail: [email protected]

Kimberly Schleede | JMW Settlements, LLC

A member of JMW since 1987, Kimberly Schleede embodies every professional quality we hold dear at JMW: unparalleled technicalcompetence, unshakeable commitment to clients, and a prodigious work ethic. Kim’s skills and resilience are legendary and heradmirer’s legion. In fact, it has become a regular routine now for Kim to conclude a given case — and then be retained by the adverse partyon their very next case. That’s how good she is.

Kim claims no secret formula: she simply learns what needs to be known, forgets nothing, and brings all her talents to bear in every case. Asmanaging director of case management, Kim sets the standard for excellence and has assembled a team that meets it every day.

In short, Kim Schleede represents the structured settlement industry at its best. We are all honored to work with her.

I. Pooled Trusts 101 | 11:00am – 11:20am

• Basics of pooled trusts
• Who is eligible for a pooled special needs trust?
• Case study

II. Government benefits | 11:20am – 11:40am

• Means-tested (Supplemental Security Income and Medicaid)
• Earned (Social Security Disability Insurance and Medicare)
• Dual eligibility

III. Pooled special needs trusts (PSNTs) | 11:40am – 12:00pm

• Federal guidelines for PSNTs
• Comparison to individual special needs trusts
• Potential transfer of assets penalty for 65+
• Remainder policies

Break | 12:00pm – 12:10pm

IV. Using Structure Settlements and Medicare Set-Aside Account (MSAs) with PSNTs | 12:10pm – 12:30pm

• Drafting guidelines for court orders when funding a PSNT
• Use of a structured settlement with PSNT
  • Timing and Sequence
  • Qualified Assignment
  • Commutation
• Use of a Medicare Set-Aside account with PSNT
  • Medicare Secondary Payer Statute
  • Medicare Set-Aside account (MSA)
  • Dual eligibility for Medicaid and Medicare
• Comparison to settlement preservation trusts

V. Trust Administration (What your clients can expect) | 12:30pm – 12:50pm

• Roles and responsibilities of the pooled trust
• How to evaluate a pooled trust administrator
• Trust distribution process
• Trust distribution guidelines
  • Clients with means-tested benefits
  • Clients without means-tested benefits

VI. ABLE Accounts | 12:50pm – 1:10pm

• Eligibility for ABLE accounts
• Alternate distribution guidelines