Settlement Planning
We are a law firm that focuses on issues related to disability planning, which makes us a valuable partner to personal injury attorneys.
The attorneys at Julian Gray Associates work with personal injury attorneys on litigation involving clients who have suffered injuries. We are aware of the complexity of these cases and can identify the planning issues and options early in the litigation process. Our services are much more comprehensive than simply drafting documents. We will assist with enhancing the quality of life of the injured party.
With the myriad of family planning and public benefits issues, as well as delays from various government agencies in responding, it is important to contact us early in the litigation process so that we can become familiar with the injured person’s situation and investigate various planning scenarios while the litigation attorney concentrates on maximizing the results. Together, we can accomplish both objectives.
We want injured parties to be able to investigate quality legal advice without obligation, so we frequently meet with injured parties and their families for an initial overview of their case. We then provide a written fee proposal that the client may choose to accept.
Personal injury attorneys hire a variety of experts and consultants to “build” their case. One aspect of the case that should not be overlooked is the preservation of the injured party’s public benefits. Failure to consider the impact of a settlement or verdict on the injured party’s benefits could be disastrous to the client as well as lead to liability for the personal injury attorney. That’s why we provide a written review letter of the plaintiff’s public benefits situation and identify the potential issues to maintaining public benefits in the event of a recovery for the plaintiff. We do this for a nominal fixed fee that can be charged as an expense to the litigation.
We Help Injury Lawyers And Families
Our promise is to assist personal injury lawyers and their clients to maximize the results of litigation, while preserving important public benefits for the disabled person and his or her family. Our attorneys work closely with personal injury attorneys and other professionals throughout the process.
Julian Gray Associates assists with the following:
- The Settlement or Verdict
- Advice as to whether a protective trust is recommended.
- Advice as to whether a Special Needs Trust is appropriate.
- Advice about whether public benefits are available, and interface with all government agencies such as The Department of Human Services and Social Security on your behalf.
- Assist with medical insurance questions.
- Select items to be paid for directly from the settlement versus what should be paid from the trust and provide guidance on how to make payments.
- Help in selecting an appropriate trustee.
- Conduct a counseling session with the disabled person, family and trustee to explain how the plan and trust operates.
- Advice on whether a Medicare Set-Aside (MSA) is required and coordinate the set up of the MSA account.
Trust Preparation and Implementation
- Creation of the Special Needs Trust and all related estate planning documents.
- Drafting all pleadings regarding the Court’s authority to create a Special Needs Trust.
- Court appearances necessary to approve trust establishment.
- Conference with the disabled person, family members, trustee, financial planner and other related professionals explaining the mechanics of the trust and the operation.
- Continuing guidance to the disabled person, family and trustee for ongoing needs once the plan is in place.
- Assembling a post-settlement plan is not something that should be done at the last minute.
Protection Of Benefits
Many of our clients and their family members either receive public benefits such as Supplemental Security Income (SSI) and Medicaid or are about to receive these benefits because of their injuries. It is important for these clients to maintain their eligibility for benefits despite the financial windfall of a settlement. When an injured person receives money or other assets, his or her entitlement to public benefits, such as Supplemental Security Income (SSI) or Medicaid, may be lost or reduced. Also, under new Medicare rules, the injured person should consider negotiation of future Medicare eligibility prior to accepting payment for injuries. We understand the rules and regulations affecting a wide variety of government benefits and will help you navigate the system for optimum results. As a member of the national, non-profit Special Needs Alliance, we are committed to assisting personal injury attorneys in resolving cases to enhance settlement results.
Our Attorneys
Julian Gray
Elizabeth Eisenhauer
Caitlin Harper
Matt Kikta
Colin Adair Morgan
Frank Petrich
Jennifer Rose
Rob Schweitzer
Karen Timko
Heather Nadler
