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Medicare Set-Asides, Pooled Trusts, and Public Benefits: A Practical Guide for Attorneys

Preserving Means-Tested Benefits Through Trust Planning and Settlement Strategies

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, August 27, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 1, 2025

or call 1-800-926-7926

This CLE webinar will explore preserving client eligibility for means-tested government benefits following settlements or judgments. The strategic use of pooled special needs trusts (PSNTs), Medicare set-asides (MSAs), and structured settlements allows administrators to safeguard assets like Medicaid and SSI while complying with complex benefit regulations.

Description

Representing individuals with disabilities, minors, or vulnerable adults adds an additional layer of complexity to counsel's fiduciary and ethical responsibilities. Challenges arise when clients receive lump-sum awards without proper planning, including disqualification from benefits, misuse of funds, and exposure to fraud or mismanagement.

Counsel must be able to evaluate trust options, select administrators, and audit institutional safeguards to prevent client exploitation or trust insolvency, an urgent concern in light of recent high-profile trust failures.

Listen as our expert panel shares their insight on designing coordinated post-settlement plans to protect vulnerable clients and comply with benefit rules. The panel will provide an overview of PSNTs and examine when and how an MSA should be used in tandem with a trust. The panelists will explore coordinating ABLE accounts and other benefit-preserving tools, and how to evaluate pooled trust organizations.

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Outline

  1. Introduction and case study
    1. Structured settlements, MSAs, and PSNTs
    2. Case overview
  2. Overview of government benefits
    1. Means-tested benefits: SSI and Medicaid
    2. Earned benefits: SSDI and Medicare
    3. Understanding dual eligibility and benefit coordination
  3. PSNTs: fundamentals
  4. Selecting a pooled trust
  5. Integrating MSAs and structured settlements
    1. When to use an MSA arrangement
    2. Coordinating MSAs with pooled trusts to preserve benefits
  6. Trust administration: client expectations
    1. Administrator roles and responsibilities
    2. Distribution process and sole benefit rule
  7. ABLE accounts and alternate tools

Benefits

The panel will review these and other important issues:

  • Preserving Medicaid and SSI eligibility after a settlement or judgment
  • PSNTs versus individual trusts
  • MSAs: use and trust coordination
  • Evaluating trust administrators
  • Navigating disbursement rules and sole benefit requirements
  • Using ABLE accounts with trusts

Faculty

Baer, Rachel
Rachel Baer, Esq.

Counsel and Director of New Client Services
Commonwealth Community Trust

Ms. Baer, Esq. is Counsel and Director of New Client Services at Commonwealth Community Trust, a non-profit pooled...  |  Read More

Pawley, Craig
Craig Pawley

Executive Vice President of Business Development
Medivest

Mr. Pawley has spent the last 19 years assisting insurance carriers, third party administrators,...  |  Read More

Tiefenback, Ben
Ben Tiefenback, Esq.

Counsel and Director of Client Services
Commonwealth Community Trust

Mr. Tiefenback, Esq., is Counsel and Director of Client Services at Commonwealth Community Trust, a non-profit...  |  Read More

Attend on August 27

Early Discount (through 08/01/25)

Cannot Attend August 27?

Early Discount (through 08/01/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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