Settlement funds can affect Supplemental Security Income (SSI) benefits if they are received or held in a way that counts toward the recipient’s income or resource limits. That is the short answer. The more important point is that this issue is often avoidable when it is addressed before the money is distributed. For attorneys handling…
Yes. A personal injury settlement can affect Medicaid eligibility if the recovery is paid or handled in a way that makes the funds count against the client’s financial limits. That does not mean every settlement automatically causes a problem. It does mean attorneys should treat Medicaid exposure as part of the settlement strategy, not as…
If you’re an attorney guiding clients through settlements, broker conflicts in settlement planning can quietly jeopardize everything—your client’s future and your own malpractice exposure. Conflicts of interest aren’t always obvious. In fact, they’re often embedded in the very structure of how traditional commission-based brokers operate. Commission Conflicts Still Go Unchecked Many attorneys assume the financial…
Fiduciary vs. Fee-Based in Settlements: Why This Difference Still Costs Families Millions The line between a fiduciary and a fee-based broker might seem like legal jargon—but in settlement planning, it can be the difference between lifelong security and financial ruin. Fiduciary vs. fee-based in settlements is not just a technicality—it’s the heart of ethical financial…
Where Things Go Wrong Settlement release language is often drafted by defense counsel—and it’s not neutral. Common traps include: Overbroad indemnity clauses that make your client responsible for unforeseen costs Medicare compliance waivers that don’t follow CMS guidance Reversionary terms that return unused settlement funds to the defense Language affecting future claims or eligibility for…
Fiduciary or Vendor? The Settlement Planner’s Role Could Make—or Break—Your Case Some planners guide. Others sell. And in fiduciary settlement planning, that distinction matters more than you think. At The Architected Settlement Law Group™, we’ve worked with attorneys across the country to clean up post-settlement disasters—many of which began with a well-meaning planner who wasn’t…
You Won Your Case—But the Planning Still Matters You might think everything’s finished once your settlement is won. But settlement planning mistakes made after your case closes can cost you benefits, create tax problems, or lock you into decisions you didn’t fully understand. Unfortunately, not everyone involved is working in your best interest. We’ve seen…
Real-World Scenario: “Handled” Isn’t Always Safe A plaintiff’s attorney in a mild-to-moderate TBI case allowed the defense’s preferred broker to propose a structure. The broker recommended a product from a single insurer, failed to coordinate with the client’s public benefits counsel, and didn’t disclose their compensation model. Two years later, the client lost access to…
You trusted your lawyer to fight for a fair settlement—and they delivered. But when it came time to plan your payout, structured settlement mistakes turned your win into confusion and stress. These aren’t just “growing pains” of managing your money. They’re symptoms of structured settlement mistakes that could have—and should have—been avoided. The Mistake Behind…
Why You Should Care About Medicare When You Win a Settlement Winning a personal injury or workers’ compensation case can be life-changing. But if you’re on Medicare—or might be in the future—it’s critical to understand how Medicare Set-Asides in injury settlements work. This step, often called a Medicare Set-Aside, helps protect your right to Medicare…