Settlement planning is the process of ensuring that a plaintiff who has significant disability, lacks capacity, or has a complex financial situation will receive his or her litigation proceeds in such a way that it will not jeopardize his or her future retention of other benefits. The imminent implementation of the Affordable Care Act (ACA) presents a new challenge (and opportunity) for plaintiffs with disabilities. This article will employ a sophisticated financial analysis to determine when it makes financial sense for a plaintiff’s litigation recovery to be held in a special needs trust (SNT) or not. After analysis, the authors have determined that it will make financial sense to utilize an SNT if the plaintiff also receives Supplemental Security Income (SSI) unless the net settlement to the plaintiff is just under $3,000,000. This article will go through the analysis all plaintiffs with disabilities should utilize in reaching these life-altering decisions.
Read the article here, OCTLA– The Gavel Fall 2013.