Structured settlement expert John Darer reviews the latest structured settlement news, information and provides expert opinion and commentary, including settlement planning issues/ ideas for settlement management, incisive Structured Settlement Watchdog® reports that may be helpful to lawyers, plaintiffs, claims adjusters, judges, the news media, sellers, buyers of structured settlement payment rights and interested others, The style is spicy, informative, irreverent and effective. The most prolific structured settlement blog, Now in 18th Year! Check back daily for something new.
It's the time of Rapture. Not just THE Rapture, but 41 years ago last week, the last time inflation reached current levels, Rapture, by Blondie was finishing up a two week stretch at #1 on the Billboard Hot 100. In the Structured MSA "metaverse" there are no "Men from Mars eating cars and eating bars" but a blog from one company suggests that there is the Raptor, or Raptors, velociraptors to be precise, just like in Jurassic Park. Technically speaking however, in real life however, a Velociraptor was roughly the size of a turkey, considerably smaller than the approximately (6+1⁄2 ft) tall and 80 kg (180 lb) reptiles seen in the Jurassic Park films.
So, when a company writes in block capitals " THE BEST WAY TO SAVE ON MSAS MAY HAVE JUST BECOME THE ONLY WAY: STRUCTURES!"accompanied by the picture below, has ANYONE considered that it could be interpreted as "invasion of the turkeys"?
"Invasion of the Jurassic Turkeys"?
"Velociraptor was just a scary turkey, say scientists"
"In a study of the fossilized forearms of velociraptors found in Mongolia in 1998, paleontologist Mark Norell of the American Museum of Natural History found "quill knobs" - bumps where the feathers used for flight in modern birds are anchored to the bone with ligaments. His results were published in 1998 in the Journal Science.
"The more that we learn about these animals the more we find that there is basically no difference between birds and their closely related dinosaur ancestors like velociraptor," said Professor Norell. The Guardian, Alok Jha, Science correspondent September 21, 2007
Velociraptors were " speedy thieves"
In 1924, Henry Fairfield Osborn, then-president of the American Museum of Natural History, named Velociraptor. He bestowed the name on this dinosaur, which is derived from the Latin words "velox" (swift) and "raptor" (robber or plunderer), as an apt description of its agility and carnivorous diet. Source: Velociraptor: Facts About the 'Speedy Thief' By Joseph Castro published
Velociraptors did not hunt and packs
It's also worth noting that Velociraptors did not hunt in packs as the above picture suggests. Research from University of Wisconsin Oshkosh revolves around an analysis of raptor teeth that shows Velociraptors did not hunt in coordinated packs. "Raptorial dinosaurs often are shown as hunting in packs similar to wolves," said Joseph Frederickson, a vertebrate paleontologist who led the study with Michael Engel and Richard Cifell.
Facing Bemusement with Amusement
When promoting Structured MSA, the devil is in the details. You know "a picture tells a thousand words". A Structured MSA has tremendous benefits, but a mural of "scary turkeys" known as "speedy thieves" in the scientific community, does not showcase the characteristics that I would have in mind to promote them. How about you readers?
If you die with a balance in your Medicare Set Aside (MSA), here's what may happen:
If death occurs before the Workers Compensation Medicare Set Aside (WCMSA), Liability Medicare Set Aside (LMSA) or No Fault Medicare Set Aside
What do you leave behind in a Medicare Set Aside account after you take "the final curtain"
(NFMSA) is fully exhausted, the Estate Administator, Executor, or if the MSA is professional managed, the MSA Adminstartor should notify the BCRC (see BCRC below)
Medical Service provided before the death, and related to the injury that led to the creation of the MSA are outstanding claims that must be paid for by the Estate of the person who has died with the open MSA.
If there is any money left in the MSA account after all related and outstanding bills are paid, the funds are distributed according to the last will and testament of the person who has died. If the person has died without a will, any balance is distributed according to your state's intestacy laws.
If the MSA is a Structured MSA and the annuity that funds the MSA has a certain period, or a cash or installment refund, payment will be paid to the named beneficiary or beneficiaries. Note that some annuity funded MSAs are temporary life or straight life annuities that have no survivor benefits.
What is the BCRC?
The Benefits Coordination & Recovery Center (BCRC) is responsible for ensuring that Medicare gets repaid by the beneficiary for any conditional payments it makes related to a liability, no-fault, or workers’ compensation case. A conditional payment is a payment Medicare makes for services another payer may be responsible for. The payment is "conditional" because it must be repaid to Medicare when a beneficiary receives a settlement, judgment, award, or other payment. When the BCRC learns of a case, they will gather information about any related conditional payments Medicare made and request repayment.
A Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) is a financial agreement that allocates a portion of a workers’ compensation settlement to pay for future medical services related to the workers’ compensation injury, illness, or disease. These funds must be depleted before Medicare will pay for treatment related to the workers’ compensation injury, illness, or disease .
Once the funds in the WCMSA account have been exhausted and Medicare has been provided with information to document that payments from the account were appropriate, Medicare will begin paying for the beneficiary’s Medicare covered eservices that are related to the work related injury or disease. { Note that Medicare expenses that are not related to the work injury or disease are no affected by the WCMSA and are reimbursed by Medicare unless another entity under 42 U.S.C. 1395y(b) is primary payer.
For Medicare Set-Asides (MSAs), it is important to note that a Medicare Set-Aside allocates for all future medical and pharmacy expenses related to the work injury, that are covered and otherwise reimbursable by Medicare
The Argument for Professional Administration of Medicare Set Aside Arrangements (WCMSA, LMSA or NFMSA)
Medicare Set Aside arrangements are intended to not only protect Medicare's interest, a requirement of the Medicare Secondary Payer Act (MSP), but to also protect the settling injured worker (or plaintiff if Liability MSA) from the loss of Medicare benefits. Ongoing compliance requires, among other things, keeping track of medical bills, sorting through and having the knowledge to determining what procedures, equipment and medication is covered by Medicare and filing attestations. Compliance requires attention to detail that the injured workers or personal injury victim may not be able to, or willing to handle. A number of professional administrators charge cost efficient one time fees and some have harnessed technology and group buying discounts to enhance the value and accessibility to clients. Call me at 888-325-8640 if you would like more details.
Long Beach CA Insurance Agent and Daughter Charged With Embezzlement and Money Laundering of Injured Workers' MSA Funds
According to its July 21, 2017 press release, investigators with the California Department of Insurance Investigation Division, Tom Fallon, 63 and daughter Christina Fallon, 28 embezzled $273,954 from the injured workers who entrusted him to invest their Medicare set-aside settlement funds with his agency, Fortis Financial Insurance Services, Inc. Tom Fallon then simply diverted their funds into his own accounts, spending the money for their personal use, and with business ventures that include Big Daddy’s Cigar Lounge at 5844 E. Naples Plaza in Long Beach. CA. The Los Angeles County District Attorney's Office filed a criminal complaint against Tom and Christina Fallon on July 14, 2017, charging two counts of Theft by Embezzlement PC 504 and 487(a), and 15 counts of Money Laundering PC 186.10 including PC 186.11(a) (3) white collar crime enhancements. If convicted of all charges, the defendants face a maximum sentence of more than 16 years in state prison
By stealing from injured workers who depend on the funds for future care, the Fallons may have left many victims without the resources they need for medical treatment.”
A Structured MSA and a Professional Administrator Would Have Mitigated the Embezzlement Risk
It is unclear who advised the injured workers to use the Fallon's or Fortis. It does not appear that the MSAs that were the subject to the conduct that led to the Fallons arrest were Structured WCMSA. One wonders what the applicant attorneys' advice was when settling the cases. The amount of money that the victims could have saved between structuring the MSA and the discounts offered by certain administrators would be meaningful.
If you are thinking that embezzlement is a one-off consider this case where an improperly exhausted MSA by Sister while Claimant in Jail was not Dischargeable in Sister’s Bankruptcy N RE DAVID K. JOUETT and SABRA B. JOUETT, Debtors. STEPHEN E. HUBANKS, Plaintiff, v. DAVID K. JOUETT and SABRA B. JOUETT, Defendants. Case No. 13-10005-M Chapter 7 Adv. No. 13-01015-M UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA 2014 Bankr. LEXIS 950 March 12, 2014, Decided
The July 10, 2017 release of the Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide Version 2.6 appends Section 17.1, the section covering MSA administrators, with a single sentence:
"Although beneficiaries may act as their own administrators, it is highly recommended that settlement recipients consider the use of a professional administrator for their funds."
With a few settlement planners dabbling in structured settlement derivatives it won't be long before the question is raised about whether or not a Medicare Set Aside can be funded with structured settlement derivatives labeled " secondary market annuities". A possible argument for is that such vehicles carry higher interest rates and thus can reduce the cost of the MSA even further than an annuity.
You cannot fund a Structured Medicare Set Aside arrangement with a "secondary market annuity". You cannot fund a Medicare Set Aside arrangement with a "secondary market annuity" because a "Secondary Market Annuity" is not an annuity. A "Secondary Market Annuity" is a scam label for structured settlement derivatives.
The account holder must attest annually...choosing from one of the following
I the undersigned attest that I have a structured annuityWCMSA and have used the annual monies from the WCMSA account for the period of ____to ____ to pay for the following:
I the undersigned attest that I have a structured annuityWCMSA and have exhausted the annual money (and any applicable acrry-over from pevious years) in the WCMSA account for the period of ___ to ____ to pay for the following:
I the undersigned attest that I have a structured annuityWCMSA and have completely exhausted all monies in the WCMSA account to pay for the following:
Do you want to attest, or do you want to advise your client to attest, to having an "annuity" that is not, in fact, an annuity?
CMS Memo Q5 7/23/01 refers to "structured settlement"
IRC 5891(C) defines structured settlement as follows:
(1) Structured settlement The term “structured settlement” means an arrangement—
(A) which is established by— (i) suit or agreement for the periodic payment of damages excludable from the gross income of the recipient under section 104(a)(2), or (ii) agreement for the periodic payment of compensation under any workers’ compensation law excludable from the gross income of the recipient under section 104(a)(1), and
(B) under which the periodic payments are— (i) of the character described in subparagraphs (A) and (B) of section 130(c)(2), and (ii) payable by a person who is a party to the suit or agreement or to the workers’ compensation claim or by a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with section 130.
IRC 5891(C)(2) defines the term “structured settlement payment rights” means rights to receive payments under a structured settlement.
When doing at WCMSA allocation the CMS guidelines require that you Identify if the set-aside is paid out as a lump sum or an annuity. If the set-aside is paid out as an annuity, you must identify the following:
1. Name of the carrier
2. Cost of the annuity
the cost of the structured settlement derivative, which is not an annuity, is not the cost of the annuity from which the structured settlement payment rights are derived]
in its 2016 WCMSA Guide Version 2.5, CMS says "If annuities are involved, use the lifetime payout amount in the total instead of annuity purchase price and include the annuity rate sheetto support your calculation".
3. Proposed initial deposit (seed money)
4. Minimum annual deposit for the balance of the claimant’s life
5. Annuity starting date
6. Length of annuity
7. Annual payout of annuity
8. Annual funding date
If That Wasn't Enough....
Structured settlement derivatives are not able to make life contingent/lifetime payouts
The cost of insurance to cover the potential of vacated transfer order could not be taken out of the MSA.
The legal expenses to fight an attempt to vacate the transfer order or negotiate a rescission of an order cannot be charged to the MSA.
Chopped up streams of income sewn together like a patchwork quilt are not an annuity.
In short, you may notpay child support out of your Medicare Set Aside account.
The funds in the Medicare Set-Aside Account (MSA) shall be placed in an interest bearing account and used solely for legitimate medical expenses incurred for those medical needs related to or resulting from your work-related or accident related injury, which would otherwise be reimbursable or paid for by Medicare. Funds in the Medicare Set-Aside Account shall not be used to pay for medical services not covered by Medicare.
A copy of the booklet, Medicare & You, can be obtained from your local Social Security office for a list of services not covered by Medicare. If there are any questions concerning what Medicare covers, you can also call 1-800-MEDICARE.
All interest earned on the Medicare Set-Aside Account accrues in the account and can only be used solely for medical expenses, that would otherwise be covered by Medicare.
In the event CMS determines that Medicare has paid benefits prior to the depletion of funds in the Medicare Set-Aside Account that should have been paid by you, CMS, or its designated intermediary or carrier, has the right to seek and receive reimbursement of any such conditional payments or overpayments from the Medicare Set-Aside Account to the extent that there are funds remaining in your MSA account at that time.
You must maintain maintain accurate records of the distributions and expenditures from your Medicare Set-Aside Account. Such records should show the date of service, the diagnosis, the service you received, the doctor or service provider you paid, and the date you made payment. Be sure to keep receipts or other evidence of every payment made from your Medicare Set-Aside Account.
The New York Department of Financial Services (DFS) agreed to bless Athene Holding Ltd.'s pending $1.55 billion acquisition of UK insurer Aviva PLC's U.S. operations after a series of negotiations with Athene Annuity and Apollo representatives, the agency said August 14, 2013. Athene is largely funded through an Apollo affiliate, and the Apollo manages money for the insurance company.
Apollo and Athene agreed to a set of new rules not typically required of insurers, the agency said. They include heightened capital standards to protect against potential losses and tougher disclosure requirements.
Recently, New York DFS has highlighted a spike in private equity firms and other investment companies moving into the annuity business. This trend raised concerns since such firms typically have a more short-term oriented business model than traditional insurers, and the annuity business is focused on ensuring long-term security for policyholders
As part of the new set of rules, New York Department of Financial Services wanted higher capital standards because they serve as a buffer to absorb unexpected losses. Athene Life Insurance Company of New York agreed to capital levels of not less than 450 percent and a separate backstop account with $35 million to top off those funds if they fall below a certain level. The New York regulator will also scrutinize Athene's operations, dividends, investment strategies and potential reinsurance transactions. If Athene pursues a so-called material change in its operations, it will need written approval from the New York agency first. Athene will also now have to file quarterly reports detailing its capital position.
Linkto New York DFS statement on the Athene acquisition of Aviva New York dated August 14, 2013.
Aviva and Structured Settlement Annuities
A substantial amount of structured settlement annuity business has been placed with Aviva life companies and their predecessors until Aviva ceased writing new structured settlement annuity business at the end of 2008. The company has roots going back 300 years. Through a series of mergers and renamings the following compnanies wrote structured settlement annuity business and current structured settlement annuitants may be receiving payments from Aviva that originally had structured settlements paid from the following life insurance companies.
CU Life Insurance Company
CU Life Insurance Company of New York
CGU Life Insurance Company
CGU Life Insurance Coompany of New York
Aviva Life Insurance Company
Aviva Life Insurance Company of New York
The following qualified assignment companies applied to
CGU Annuity Service Corporation (later Aviva Assignment Corporation)
CGNU London Annuity Service Corporation (later Aviva London Assignment Corporation)The obligations of certain structured settlements funded with CU Life annuities were backed by a surety bond issued by Commerical Union Insurance Company.
The obligations of certain obligations assigned to Aviva London Assignment Corp had a Capital Management Agreement (CMA) with Aviva UK based affiliate, CGU International Insurance. As stated therein the agreement ensures that Aviva London Assignment will have the funds necessary to satisfy all Structured Settlement obligation to make funds available to Aviva London Assignment Corp is absolute, unconditional and continuing.
What is the impact of the Athene acquistion of Aviva on the structured settlement portfolio?
I telephoned Aviva customer service on August 22, 2013 and the response, as I expected, was that what is in the contracts will be honored. I specifically asked about the surety bonds and the Capital Maintenance Agreement obligations with those structured settlements where periodic payment obligations were assigned to Aviva London Assignment Corporation and was informed that these would still apply.
Structured settlement annuitants who wish to confirm for themselves or who have any concerns whatsoever, should contact their structured settlement consultant or Aviva directly at their toll-free number, which is 888-285-4332
Who is Athene Annuity?
Athene annuity is the number two provider of fixed indexed annuties in the United States when the Aviva deal closes.
The roots to Athene Annuity go back to 1905, when Liberty Life Insurance Company was started by one "Hipp" guy, Here is a helpful timeline from the Athene website. The company, which previously acquired former structured settlement annuity issuer Presidential Life Insurance Company, offers some innovative retirement annuity products. At the time of publication Athene Annuity held a B++ (good) rating from A.M. Best and a BBB+(Good) from Fitch ratings.
Einstein Structured Settlements jokes that doing business with them is genius, that is if you believe "it is genius" to do business with a someone that acts as if it is ethical to intentionally mislead American consumers about his education and academic degrees. Ryan Einstein is the alter ego of Ryan William Blank, 28, of Owings Mills, MD and Baltimore, MD.
BrandYourself is a company which states it has the first product that empowers you to control what people find when they Google your name. Res Ipsa Loquitur! (emphasis added)
Exhibit #2
The link cited in our January post contained the false claim that Ryan earned a LLM/PhD degree from in 1997 (see immediately below)
As we pointed out previously, Yale Law School denied any record of a Ryan Einstein [The 28 year old Blank would have to have been like 14 when he got his law degree if it wasn't a fabrication and would have graduated college when he was a "precocious" 12 year old] and when I reached out months ago and spoke with Barry Blank, Ryan Blank's father, he shared that his son actually went to a school in Charleston, South Carolina. Have the addresses too.
What values does Ryan Blank have that he would promote, or authorize the promotion of his company in such a dishonest fashion? Ryan Blank and his cohorts apparently care more about making up easily disprovable hoaxes about malware.
There's no shame in not being a Yale Graduate. But shame on him, for pretending to be one when he's not and using false "imprimatur" to gain the trust of American consumers. That's not genius. That's just plain dumb.
The Center for Medicare and Medicaid Services ("CMS") published a helpful 88-page reference guide for Workers' Compensation Medicare Set-Asides (WCMSAs) on March 29, 2013
The Center for Medicare and Medicaid Services recently issued an Advanced Notice of Proposed Rulemaking (ANPRM), seeking public comment concerning Medicare Set Aside Arrangements and protecting Medicare's interest with respoect to claims in "automobile and liability insurance (including self-insurance), no-fault insurance, and workers' compensation when future medical care is claimed or the settlement, judgment, award, or other payment releases (or has the effect of releasing) claims for future medical care.". A copy of the ANPRM can be found here.
In this video, New York/Connecticut Registered Settlement Planner John Darer of 4structures.com, LLC and MSA compliance consultant Thomas Spratt, Senior Vice-President Technical Operations of Denver's Protocol's LLC discuss the Medicare Secondary Payer Act and what's coming next.
Watch John Darer's February 2010 podcast on Structured Medicare Set Aside Arrangements (Structured MSA)
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.
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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STRUCTURED SETTLEMENTS 4REAL® Blog Is a Popular Source of Structured Settlement News and Information, Settlement Planning News, Tax Deferral and Deferred Income Planning Solutions,
with a stable readership that seeks credible structured settlement information 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 the structured settlement blog in 2005 and 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 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 tort 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.
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Last updated October 10, 2022
New York City Structured Settlement Experts Bridge building settlement consultants who collaborate with clients using a humanistic process, providing creative and reliable advice and support for litigating parties and their lawyers with matters in Courts throughout the New York City metropolitan area
New York Structured Settlement Expert Whether you're at the crossroads of the world or the crossroads of your life, structured settlements provide stability for when life is at a crossroad. Call 888-325-8640
New York Settlement Planning Expert for NY Attorneys and Residents - YouTube New York settlement expert John Darer's comprehensive approach to Settlement Planning helps New York personal injury lawyers and their clients move through the financial transition resulting from a major life event. CPLR Articles 50A and 50B expertise for New York lawyers
New York Structured Settlement Expert Useful information and ideas about structured settlements, settlement planning and litigation recovery managements for New York residents, New York Lawyers and New York judges
New York General Obligations Law §5-1702 The New York Structured Settlement Protection Act imposes mandatory requirements on the defendant or the defendant's legal representative when a structured settlement is created (as part of the resolution of a case)
Structured Settlements v Structured Judgments Often confused by writers on the Internet, but there IS a difference between structured settlements and structured judgments under CPLR Articles 50A or 50B. Find out more...
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John—this (video published 11/2010) is a well done piece. I like the way you always stick to the facts-AM
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"...we have never met but I thoroughly enjoy your web site and blog - excellent material…-PB
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I heard a radio ad for the Peachtree Settlement Fund as I was driving into work this morning. (San Francisco Bay area.) I decided to check it out on the Internet and came upon your blog. Thank you very much. I do not have a “structured” settlement,
"All the others that I had emailed & have seen on the net were "cash now types" & have no concern of me & just are looking for my $$$. When I came across your site & blog I realized that u are an upstanding guy & are not like others. That's why I emailed"
This was Great. Right On Point-TS
"Other Than John Darer No One Seems To Be Doing Anything"-J
Thanks for your help and also for the good work you do on behalf of our industry-L
"Thank you for being the inspiration that you are and for being a strong advocate for integrity in our business"-KL
"I Commend You On Your Effort To Make a Difference!" -R
"He is a fabulous writer who has a great passion for the structured settlement industry. I commend him on the passion he invokes when he writes on his blog listed above. That type of commitment and passion is hard to find and is rare in this world" -AC
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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Comments and Trackback Policy
Comments and Trackback Policy
Comments to this blog are encouraged, welcome and add spice to the interactive nature of blogs. However, the unscrupulous practice by some to deliver comment spam, to connect all manner of unrelated products to structured settlements, detracts from user experience, is NOT tolerated by this author and thus necessitates the practice of comment screening.
Jay J. Sangerman, PLLC A New York and Florida based AV rated estate planning law practice with an emphasis in Supplemental Needs Trusts, which assists attorneys in efficient case settlement though the use of Supplemental Needs Trusts and Special Needs Trusts; and Elder Law
Day Pitney LLP - People - Keith Bradoc Gallant Brad's practice includes traditional trust and estate planning and administration, special needs and disabilities planning, planning for same-sex couples and their families, planning for incapacity, and all types of probate litigation.
Helpful Structured Settlement Information is Here!
Learn more about structured settlements by reading structured settlement expert John Darer's blog
Researching Structured Settlements? Check (1) in Archived Blog Posts (above left); (2) use the Google search box (below); (3) visit the 4structures® website at https://www.4structures.com, (4) 4structures® YouTube Channel by clicking the above link, or (5) call settlement expert John Darer® at 888-325-8640, toll-free in the USA or 646-849-1588 in New York City
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The John Darer® authored Structured Settlements 4Real® blog is the most prolific structured settlement blogger with over 5,200 blog posts, and counting!
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.
London Market Structured Settlements Experts Bridge building settlement consulting using a humanistic process, providing creative and reliable support for London Market Insurers, Lloyds Syndicates, Claims Professionals and Lawyers
New York Structured Settlement Experts Bridge building settlement consultants who collaborate with clients using a humanistic process, providing creative and reliable advice and support for litigating parties and their lawyers.
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NYC 9-11 Health The World Trade Center Health Registry is now the largest registry in U.S. history to track the health effects of a disaster. The federally funded program is information central for first responders and others with health issues from 9-11
Comments and Trackback Policy