The case has settled but your clients future is unsettled. By assessing your clients health challenges, associated costs and available financial sources, our benefits and planning coordination team can identify which benefits best cover their needs over a lifetime. We examine each individuals specific circumstances with all available governmental programs like Medicaid, Medicare and the Affordable Care Act/Private Health Insurance.
Public Benefit Eligibility:
SSDI/Medicare Medicare benefits are not needs based and unearned income is irrelevant to maintain these benefits. SSDI does not have an income cap for unearned income. However, if you are a medicare eligible claimant with future needs on the injuries claimed in your lawsuit, you can potentially lose Medicare benefits if you do not “set aside” a portion of your settlement for future Medicare covered expenses. This is done on a case by case analysis by “considering Medicare’s future interest”. Your ESS Settlement consultant can help you satisfy this requirement and maintain your Medicare benefits.
If you receive Supplemental Security Income or if you are on Medicaid, you may lose those benefits when you settle your personal injury claim. Both of these government programs are needs based which means unearned income could impact your eligibility. However, if you are disabled, you can settle your case and still retain eligibility by putting your settlement proceeds into a Special Needs Trust. Assets in a Special Needs Trust are not counted for purposes of qualifying for needs based programs such as SSI and Medicaid. Your ESS Settlement consultant can evaluate your situation and help establish a Special Needs Trust when appropriate.