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January 06, 2020

The Annuity.org Featured Structured Settlement Social Media Road Kill of The Week

by Structured Settlement Watchdog

Annuity.org is an easy whipping post because a good degree of what they publish is inaccurate and useless to consumers. When it comes to structured settlement social media road kill, Annuity.org are a murder of crows of structured settlement misinformation. There is enough inaccuracy to  make weekly dump runs so that it seems fair to introduce a weekly feature as a service to consumers as penicillin for the information. 

I've got a six pack for you this week

Social media road kill
Structured Settlement Social Media Road Kill

1. Life Contingent Payment

Annuity.Org Road Kill         "A payment for a structured settlement that is discontinued when the annuitant dies. The family does not receive remaining payments".

Here's What's Up                   A payment that is only made if the Measuring Life is living.  Logically there are no remaining payment so there is no beneficiary of life contingent payments  "The family"?  The Manson Family? The Addams Family?  or Modern Family?

2. Present/Future Value

Annuity.org Road Kill         "The difference between the cash value of an annuity now and the value years later".

Here's What's Up                    Obviously written by someone who does not understand basic finance.  Take that into account when you consider that present value is a number that can be easily manipulated using different discount rates.  Annuity.org is a lead pimp for companies like CBC Settlement Funding which can you no more than pennies on the dollar for your payments.  What you have left years later could even be zero.  Present Value and Future Value are Time Value of Money calculations using a discount rate/ PV answers the question of "A dollar in the future is worth what today?" at a stated discount rate. The Future Value might answers the question what if I invest $25,000 today at X% interest for 18 years, howi much will I have in my newborn's college fund?

3. Secondary Market Annuity (SMA)

Annuity.org Road Kill             An annuity purchased from the original owner, then transferred to a third party, which may then sell payments at a discount.

Here's What's Up                    Total malfunction!  What is referred to as a "Secondary Market Annuity" is not an annuity. It is a scam label perpetrated by merchants who sell factored structured settlement payment streams to investors. The National Association of Insurance Commissioners came out with a Statutory Issue Paper No.160 in December 2018 in which it stated that factored structured settlement payment streams are neither annuities nor insurance products.  That being said in a structured settlement factoring transaction, the very sort of transaction that Annuity.org is pimping for CBC Settlement Funsing, the annuity itself is not purchased, only the payment rights.

4.  Installment Refund Annuity

Annuity.org Road Kill            "The contract stipulates that if the annuitant dies before all income benefits are paid, a beneficiary will receive the difference".

Here's What's Up                   An installment refund annuity is an annuity with a provision stating that if the Measuring Life dies before receiving payments at least equal to the amount he/she paid as contributions, then the named beneficiary receives the difference in monthly installments over a period of time. 

5. Capital Gains

Annuity.org Road Kill            The difference in profit or loss when an asset, like an annuity, is purchased or sold.

Here's What's Up                  Capital gains don't involve losses. That's why it's called a capital gain. The silly willies don't read their own snippets"Annuities are tax deferred.. Withdrawals and lump sum distributions from an annuity are taxed as ordinary income. They do not receive the benefit of being taxed as capital gains". Annuity.org  August 6, 2019. .

6. Structured Settlement

A structured settlement is a type of annuity that pays out lawsuit rewards over a long period of time

Here's What's Up                  Award or reward, that is the question.  A reward is recompense or premium offered by government or an individual in return for special or extraordinary services to be performed, or for special attainments or achievements, or for some act resulting to the benefit of the public; as, a reward for useful inventions, for tlie discovery and apprehension of criminals, for the restoration of lost property. See Kinn v. First Nat. Bank, US Wis. 537, 95 N. W. 9G9, 99 Am. St. Rep. 1012; Campbell v. Mercer, 108 Ga. 103, 33 S. E. S71.t.  (Source: Black's Law Dictionary)

An award in a legal context is a written decision from a court that must be followed.

A. A structured settlement is not an award or a reward. 

B. A structured settlement is not a type of annuity. A structured settlement is a method of settling claims and lawsuits. A structured settlement annuity is  a type of annuity that a permissible qualified funding asset. Structured settlements can also be funded with United States Treasury Obligations under IRC 130(d).

Annuity.org
" A Pillary is a group of pillars but then could also be a word for a pharmacy"

 

Posted at 03:40 PM in Annuity.org | Sweeping Up Poor Annuity.org Research, Factoring Company Bad Business Practices, False Advertising Re Creating, Buying or Selling Structured Settlements, Social Media "Road Kill", Structured Settlement Factoring News, Structured Settlement Humor, Structured Settlement Watchdog® |

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Guide to Structured Settlements 2023

  • What is a Structured Settlement? What You Need to Know
    Structured settlements and what you need to know about them including a helpful introductory video featuring 2023 A.M. Best Client Recommended Structured Settlement Expert and Registered Settlement Planner John Darer® of 4structures.com® LLC
  • How Do Structured Settlements Work? How Structured Settlements Work
    How structured settlements work, including 4structures.com LLC's super helpful structured settlement flow chart/diagram showing how structured settlements fit in on the spectrum of settlement planning solutions.
  • Rated Ages and Structured Settlement Cost
    Rated Ages for Structured Settlement Annuities present advantages to all parties. Shift the mortality risk to a life insurance company whose business it it is to assess mortality risk to price its life insurance and annuities. Rated ages boost your structured settlement annuity benefit per premium dollar, or your yield on lifetime payments. Rated ages help to reduce the cost of funding a Medicare Set Aside arrangement where a Structured MSA, is being used { WCMSA LMSA or NFMSA].
  • Structured Settlement Annuity Companies 2023
    Which life insurance companies issue structured settlement annuities going into 2023? A list of current structured annuity issuers, the location of their home offices and their financial ratings from A.M. Best, Moodys, Fitch, Standard & Poors and/or other Tier1 NAIC ratings, with links to their websites and other useful information.
  • Treasury Funded Structured Settlements
    Treasury Funded Structured Settlements are a settlement option for the most conservative using the OTHER permissible qualified funding asset under IRC 130(d), United States Treasury Bonds in addition to, or instead of, structured settlement annuities. Treasury Funded Structured Settlements can also be used to fund installment sales, also known as structured sales and other non qualified structured settlements.
  • Compare Structured Settlement IRR to Other Settlement Alternatives
    Use the Taxable Equivalent Yield chart to help compare the Internal Rate of Return (IRR) of a structured settlement to other alternative or complementary investments. Need help with the chart? Call 4structures.com® LLC at 888-325-8640
  • Structured Settlement Payments | Types of Structured Settlements
    Ways You Can Structure Your Settlement Payments. With a structured settlement you can have more than one type of payment in a single contract. Different types of structured settlement payments can be customized and combined to meet your needs on a stand-alone basis, or in conjunction with other financial products. Diversify your structured settlement, if you wish, by funding with more than one annuity issuer, with treasury funded structured settlements, index linked structured settlement payments and market based structured .
  • Structured Attorney Fees for Tax Deferral for Contingency Fees
    Structured attorney fees is a financial strategy that offers a unique way to defer taxes for lawyers and law firms. Lawyers CAN structure their legal fees even if the plaintiff doesn't structure their settlement. There are multiple ways to structure your attorney fees, such as the an index linked structured settlement where payments are adjusted based on upside changes in the S&P 500 with no downside and a cap of 5%. Trial Lawyers may also use a special deferred pay/deferred compensation arrangement, if market based returns returns are desired with no cap. Plan NOW for year end! Put structured attorney fee expert John Darer® on your settlement planning team.
  • Structured Settlement Annuity Company Customer Service Phone Numbers
    Receiving structured settlement payments from your own structured settlement or inherited structured settlement? You'll like this huge time saver. Click for a comprehensive list of customer service telephone numbers that includes both current AND former structured settlement annuity issuers and reinsurers. If you have simple bank or beneficiary changes, or if the insurance company that issued the structured annuity has merged, sold or spun off its block of structured annuity business (e.g. Aviva, Allstate, Transamerica, AEGON, GE Capital, Liberty, CNA, Confederation Life) or changed its name and you're trying to track them down, here you go! The list is regularly updated. Last updated January 23, 2023.
  • Structured Settlement Quote Lock-Ins | What You Need To Know
    What does a Structured Settlement Lock-In Mean? How do plaintiffs, defendants and insurers benefit from a structured settlement quote lock in when finalizing a settlement? How does the defendant/insurer/court benefit from using a structured settlement lock-in? Where to be careful when using structured settlement lock ins.
  • What Are Structured Settlement Annuities?
    Structured settlement annuities are annuities that can provide one or more customized annuity payment streams in a single contract. Read about structured settlement annuities here.
  • History of Structured Settlements
    Tracing the roots of structured settlements history from 1918, when Congress exempted damages for personal injury or sickness from income tax, to the establishment of structured settlements as a core personal injury settlement planning tool to the present day.
  • What Are Market Based Structured Settlements?
    Market based structured settlements are an alternative or supplementary structured settlement solution for the plaintiff, attorney or law firm that: 1. Can afford to take some market risk 2. Have discretionary settlement dollars. Claimants and attorneys alike may find that market-based structured settlements provide the opportunity to receive tax-free income, or tax-deferred income, while enjoying growth potential.
  • iStructure |Uncapped Fixed Index Structured Settlement Annuity
    iStructure is an innovative game changing fixed index structured settlement annuity for plaintiffs or attorneys. with an intermediate to long term horizon

Qualified Settlement Funds

  • What is a Qualified Settlement Fund?
    Qualified Settlement Funds | What You Need to Know
  • Firmwide Qualified Settlement Funds Debunked
    Firmwide qualified settlement funds have been heavily promoted to trial lawyers, but have been debunked in a detailed analysis in a July 2022 legal opinion a tax partner at the law firm of Faegre Drinker Biddle & Reath, LLP. Trial lawyers and firms who have established Firmwide QSFs or coinsidering establishing a Firmwide QSF should read the analysis as part of their evaluation.

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    with a stable readership that seeks credible structured settlement information, John Darer Reviews, commentary and/or opinion about topical issues related to settlement planning, targeted to lawyers, injured persons and their family members, guardians, survivors, judges, magistrates, special masters, mediators, administrators, trust companies, insurance company executives and adjusters, financial advisers settlement professionals, financial professionals, insurance regulators, government leaders, federal and state law enforcement, buyers and sellers of structured settlement payment rights, the news media and other interested parties. 4structures.com LLC established this structured settlement blog in 2005. For over 17 years it has been a leading source for critical commentary. The John Darer authored blog has been among the most prolific, regularly providing reviews, fresh structured settlement, settlement planning, litigation recovery management content and commentary. John Darer®, CLU ChFC MSSC CeFT® RSP CLTC, President of Stamford, CT based 4structures.com, LLC, is an experienced New York City area structured settlement expert, structured settlement broker, Certified Financial Transitionist, and Registered Settlement Planner. In his capacity as a investigative journalist and commentator, and professionally, John Darer passionately believes that shining the light on a business practice is both healthy and newsworthy. It is in the best interest of injury victims, their families and their legal advisers, that the settlement planning discussion involve those that are properly trained in the topic, properly informed on the topic and, with respect to structured settlements, properly licensed and/or appointed). It has significant instructional and deterrent value to other practitioners and firms as well as those who may be caught in the cross hairs. WHAT YOU GET here is the straight stuff with a touch of irreverence and humor. We hope you enjoy and find the content to be helpful. Subscribe to the structured settlement blog feed, or a specific category feed through your blog reader, or through the Feedburner icon on this page. Followers of JDDarer™ on Twitter may also receive select content. If you would like to speak with John he can be reached at (888)325-8640 Thank you for reading! Last updated April 20, 2023

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Structured Settlement Best Practices Corner

  • New York Insurance Advertising law requires the full name of the Insurer to be listed along with the city and state of the principal office. Stating that you represent these fine companies using Insurance company logos without the preceding information are also illegal
  • When it comes to settlement documents it is the ultimate responsibility of the lawyers or claims adjusters who receive input concerning the structured settlement aspects of the documents to actually read the entire document, exercise independent thought and advise their clients properly
  • Be aware that financial advisors use of testimonials is prohibited or restricted
  • Most states require that Testimonials represent the CURRENT opinion of the person who made the testimonial. Be prepared to back it up.
  • Number of States That Prohibit Payment of QSF expenses by licensed agents and brokers
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Why Take a Structured Settlement?

  • A structured settlement offers guaranteed financial security to personal injury victims, wrongful death survivors and their families. A structured settlement involves a customized stream of payments, provides long-term stable tax-free income, for a period of years or a lifetime. Unlike other income annuities. a structured settlement annuity can have multiple payment streams to address multiple needs in a single contract.

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