As a trial attorney, you are likely to face this common scenario…
You're about to settle your client's personal injury case when suddenly other entities claim an interest in the settlement pie. You awake in a cold sweat at night wondering what other claims may surface and whether the settlement proceeds may unintentionally disqualify your client from public benefits he or she so desperately needs.

This legal briefing will help you prevent sleepless nights. We'll cover a variety of issues impacting the settlement of a personal injury case, including a litigator's checklist of the pitfalls and land mines of liens, public benefits and private subrogation. Get ANSWERS to questions like: What claims are you required to address? Can you preserve some public benefits for your client and still accept the settlement? Stay up to date on recent developments involving workers' compensation, Medicare Set Asides, APIP and Medicaid, and how to address the restrictions imposed by various state and federal public benefit laws.

ALL IN AN EFFORT TO PRESCRIBE A REMEDY FOR SOUND SLEEP AFTER SETTLING YOUR PERSONAL INJURY CASE.

1. SSI and Medicaid and Supplemental Needs Trusts: A Recipe for Bad Dreams
2. Supplemental Needs Trusts: A Remedy to Avoid Bad Dreams
3. Medicare Recovery Rights in Relation to Liability Insurance: An Impending Nightmare
4. Medicare Set Asides: One Remedy to Avoid Nightmares
5. Subrogation Versus Lien: No More Tossing and Turning
6. Workers' Compensation Liens: A Potential Monster Under the Bed
7. Global Versus Restricted Settlements: What Dreams May Come

Continuing Education Credits:   

* denotes specialty credits

SSI, Medicaid and Supplemental Needs Trusts: A Recipe for Bad Dreams
9:00 - 10:00, R. Eric Solem

• Eligibility for Medicaid, SSI and Public Benefits
• How to Avoid Unknowingly Disqualifying a Client
• What Expenses May be Legitimately Paid

Supplemental Needs Trusts: A Remedy to Avoid Bad Dreams
10:00 - 11:00, R. Eric Solem

• Authority for Supplemental Needs Trusts
• Types of Supplemental Needs Trusts
• Payback vs. Nonpayback Special Needs Trusts
• Crafting an SNT and Implementing an SNT
• Pooled Trusts (When an SNT is not Practical)

Medicare Recovery Rights in Relation to Liability Insurance: An Impending Nightmare
11:15 - 12:15, Ben Silva

• Medicare Secondary Payor Statute (MSP)
• Right of Reimbursement Lien
• Double Damages and Penalties
• Ethical Concerns or Conflicts
• Sharing the Costs of the Tort Action

Medicare Set Asides: One Remedy to Avoid Nightmares
1:15 - 2:00, Ben Silva

• To MSA or Not to MSA
• Practical Fact Patterns
• Rules and New Developments
• Avoid Client Headaches – The Professional Administration Option

Subrogation Versus Lien: No More Tossing and Turning
2:00 - 2:30, Kenneth B. Pennywell

• Which Claims are Valid?
• Third Party Recovery Rights and Intervention
• Attorney Fees and Ethical Considerations
• Reduced Recovery for the Client
• Status of Intervention
• Applicability of Statutes of Limitations

Workers' Compensation Liens: A Potential Monster Under the Bed
2:45 - 3:30, Kenneth B. Pennywell

• Ahlborn Does Not Impact Workers' Compensation
• Calculating Liens and Kelly Considerations in a Post-Burns World

Global Versus Restricted Settlements: What Dreams May Come
3:30 - 4:30, Kenneth B. Pennywell

• Pleadings and Notice to all Parties
• Negotiations
• Release
• Application to all “Liens”

KENNETH B. PENNYWELL is an attorney in the law firm of Franklin D. Azar & Associates, P.C., where he practices in the areas of personal injury, civil litigation and attorney ethics. He formerly served as an assistant district attorney for the 1st Judicial District in Shreveport and served on the Colorado Supreme Court Standing Committee on rules of professional conduct from 2006-2009. Mr. Pennywell worked for seven years with the Colorado Supreme Court Office of Attorney Regulation as a trial attorney, handling ethical violations on the part of Colorado licensed attorneys. He earned his B.A. and J.D. degrees from Southern University. Mr. Pennywell is a member of the Colorado and Louisiana bar associations, and a former member of the National District Attorney Counsel.

BEN SILVA is an attorney and the owner of Benjamin Silva III & Associates, PC, in Lakewood, where he practices in the areas of personal injury and medical malpractice. He has taught seminars on trial skills for the Colorado Trial Lawyers Association and has lectured to various groups on areas related to his practice. Mr. Silva is a member of the teaching staff of the Trial Lawyers College founded by Gerry Spence, a national organization dedicated to teaching advanced trial skills to the plaintiff's bar. He received his B.A. and J.D. degrees from the University of Colorado. Mr. Silva is a member of the Colorado and Jefferson County bar associations, the Colorado Trial Lawyers Association and The Association of Trial Lawyers of America.

R. ERIC SOLEM is the senior partner in the Englewood law firm of Solem, Mack & Steinhoff, P.C., and a member of the National Academy of Elder Law. His practice emphasizes elder law, Medicaid, Medicare, probate and special needs trusts matters. Mr. Solem has handled public benefits appeals before the federal district courts, the courts of appeals, and the U.S. Supreme Court. He is a frequent lecturer on "Medicaid", "Medicare Set Aside Agreements" and "Special Needs Trusts", and is a past president and board member of The Colorado Fund for People with Disabilities, Inc. Mr. Solem is a member of the Elder Law Committee and the Trust and Probate Section of the Colorado Bar Association. He also is a member of The Colorado Trial Lawyers Association. Mr. Solem earned his B.A. and J.D. degrees from the University of Wisconsin, Madison.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com