Publisher American Lawyer Media (ALM) has announced May 1, 2011 as the distribution date for Release 49 of "Structured Settlements and Periodic Payment Judgments" (S2P2J). First published in 1986, S2P2J is co-authored and updated semi-annually by Daniel W. Hindert, Joseph J. Dehner and Patrick J. Hindert. Both the National Structured Settlement Trade Association (NSSTA) and the Society of Settlement Planners (SSP) utilize S2P2J as an educational resource for their certification programs.
S2P2J Release 49 Highlights
- Expanded guidance on Medicare reimbursement procedures including:
- A new section on how the Medicare Secondary Payer rules affect plaintiffs, defendants, plaintiffs’ attorneys and insurers; and
- How each such case participant can comply with increasing government efforts to recoup prior payments from settlements.
- How allocations in settlement agreements affect a claimant's tax treatment.
- Structured settlement tax decisions in recent cases including:
- No-fault;
- Emotional distress; and
- Wrongful incarceration.
- How the Gramm-Leach-Bliley Act privacy rules impact the structured settlement process.
- Discoverability of claimant Social Security numbers
- Impact of structured settlement tax and timing issues on potential legal liability for;
- Defense and plaintiff attorneys; and
- Structured settlement consultants.
- How inadequate beneficiary designations create subsequent legal disputes.
- Whether an arbitration award can be converted to a periodic payment judgment.
- Qualifying annuitists as expert witnesses.
- Impact of anti-assignment provisions in:
- Workers compensation cases; and
- U.S. government as defendant cases.
- Recent secondary market judicial decisions:
- Rejecting transfers of structured settlement payment rights for failure to meet the "best interest" test; and
- Approving the sale of payment rights in a payee’s bankruptcy.
- How structured settlement payment rights are treated in bankruptcy, child support, marital asset and minor cases.
- New structured settlement and periodic payment developments in Ireland, Canada, New Zealand and the United Kingdom.
For highlights from past releases of "Structured Settlements and Periodic Payment Judgments", see S2KM's structured settlement wiki.
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