Structured Settlements are used to fund Medicare Set-Aside arrangements. The Centers for Medicare & Medicaid Services (CMS), allows for a Medicare Set-Aside to be funded over time using structured settlement payments versus a lump sum payment. This funding alternative is advantageous not only to the injured worker, but to the employer or its workers compensation carrier funding the settlement. Funding the MSA over the injured workers’ life expectancy reduces the amount of cash to the MSA. Therefore, it allows the injured worker to have more money available for other uses. It is also less expensive for the employer or workers’ compensation carrier since the structured settlement reduces the amount of funds required to meet the MSA allocation.
MEDICAID
Since Medicaid and Social Security Income are needs-based programs, a injured victim’s eligibility could very well be nullified upon receiving a cash lump sum payment from a personal physical injury or sickness settlement. Even periodic payments from a Structured Settlement would be considered income for government assistance qualification purposes. In these instances, the best approach lies in having a Structured Settlement fund a Special Needs Trust. The assets in a Special Needs Trust are not counted as income when qualifying for needs-based programs, as the payee in the Structured Settlement is the trust. A Special Needs Trust normally requires the approval of the Court and the distributions from the Trust can be used for the most common day to day needs.