Obtaining a favorable settlement or judgment for a physically injured client is difficult enough in ordinary circumstances. If the client is disabled and receives needs-based public benefits, however, designing the award in a manner that those benefits will not be eliminated or reduced becomes an additional challenge. The self-settled special needs trust is a valuable tool for planning in this context.

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Medicare was established by Title XVII of the Social Security Act in 1965 to provide Federal health insurance for the elderly (anyone over age 65), the disabled (regardless of age), and individuals with End-Stage Renal Disease regardless of age. The Medicare Secondary Payer Act was passed in 1980, and is the federal government’s attempt to secure the financial well-being of the Medicare Program by providing a remedy by which Medicare can recover its payments for medical services related to claims in all lines of insurance. Medicare is a “secondary payer” with respect to medical expenses incurred as a result of injury caused by the negligence of another.

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In your rush to finalize the documents for the closing that is scheduled the next morning, you fail to notice a minor discrepancy between the promissory note and deed of trust. The deed of trust is dated July 28 and states that it is given as security for a promissory note of even date herewith. However, the promissory note is dated July 29, the day after the date of the deed of trust.

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