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.
While we're waiting for the release of Covid-19 booster shots, here's another "jab" at the structured settlement factoring industry and the misinformation disseminated by some of its members, a apt descriptor of which shares its name with a popular processed lunch meat.
The Structured Settlement Cash Now Opus ( a parody)
The Baloney has a funny voice. Sounds like BlaBlaBla.
The Baloney has a first name
F-A-C-T-O-R. The Baloney Has a second name, Pennies on the DOLL-AR. Oh I love to critique it everyday And if you ask me why I'll say,
Factoring Companies have a way with C-R-A-P-O-L-A.
San Francisco's weekly rag, the SF Weekly has published one of the dumbest pieces about structured settlements ever. "All You Need to Know About Structured Settlements and How to Sell Them" is accredited to an unidentified paid sponsor which peddles pennies on the dollar financial smack to consumers. SF Weekly claims to be "San Francisco’s smartest publication. That’s because we take journalism seriously". My question is where does taking in money from paid sponsors, enabling them to unload more crap than on the streets of San Francisco intersect with "serious journalism"?
Lie #1
"It is absolutely legal to sell a structured settlement for instant cash".
What SF Weekly published on January 16, 2021 in exchange for money from a sponsor is a total lie because If you sell your structured settlement you will not get instant cash. A small advance perhaps, but not instant cash.
Lie #2
"When somebody plays a part in another person’s injury or financial losses, they’re compelled by a judge or jury to pay a compensation to the wronged party. This compensation is known as a settlement"
What SF Weekly published on January 16, 2021 in exchange for money from a sponsoris wrong because neither a judge nor jury awards a settlement. The "awarded a settlement" vortex is one of the "Ground Hog Day" of financial illiteracy spread by financial illiterates in (or hired by) the structured settlement secondary market.
Ignoring the legal concept of negligence, one of the examples used in the lie, and published on January 16, 2021 by SF Weekly in exchange for money from a sponsor is "A quack doctor paying a settlement to a patient for prescribing a wrong medication or administering a wrong treatment.
A quack doctor is "anunqualified person who claims medical knowledge or other skills" [Source: Collins English Dictionary].
In order to practice medicine in California, one must be licensed by the Medical Board of California, which states its mission "is to protect health care consumers through the proper licensing and regulation of physicians and surgeons and certain allied health care professionals and through the vigorous, objective enforcement of the Medical Practice Act, and to promote access to quality medical care through the Board's licensing and regulatory functions". [Source: Medical Board of California}
Taking the example of the sponsor of the article that SF Weekly took money from, would a "quack doctor" qualify for medical malpractice insurance to have money to pay a settlement? A big part of an application for medical malpractice coverage involves credentialing. Medical schools attended, Internships, Residency, Fellowship, Other Training, details of prior coverage, practice information, hospital staff appointments, board certifications, list of states where licensed and license numbers. List all counties and states where you are currently practicing, and the corresponding percentages of patient hours expended in each [ Sourced from application from the largest medical malpractice insurer in the United States]
What is medical negligence?
“The elements of a cause of action for medical malpractice are: (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968 [191 Cal.Rptr.3d766].)
Lie #3
In describing how settlements are paid. SF Weekly Publishes Lie #3 on January 16, 2021, in exchange for money from one of its sponsors , that a settlement is paid as a one-time payment, wherein the offender pays the wronged party compensation they're owed in one go. Alternatively it is described as a structured payment wherein an offender agrees to pay a regulat stream of payments.... The latter is also known as " structured settlements"
An offender is someone who commits an illegal act.
Criminal negligence is the reckless disregard for the safety or life of another human being. An act of negligence that is so serious it could constitute a criminal offense, e.g. the negligence regarding the care of a child is so severe it would make the accused criminally responsible.
Then there is the case of Mens Rea. Did the doctor have it? To illustrate, we'll go old school on this one with a classic scene from "See No Evil Hear No Evil"
Generally structured settlements settlements are entered into by Defendants and Insurers (in some cases qualified settlement funds) as consideration for a release of liability from claimants or plaintiffs.
Lie #4 Published by SF Weekly January 16, 2021, in exchange for money from a sponsor
"You’re not breaking any law by selling your structured settlement. What you’re simply doing is borrowing from your future payments. It is still your money, only that you’re getting it before the due date".
A structured settlement transfer is a sale and irrevocable assignment of structured settlement payment rights for pennies on the dollar. You will ALWAYS lose money.
Lie #5 Published by SF Weekly January 16, 2021, in exchange for money from a sponsor
"This rate usually ranges from 9 to 20 percent, depending on the perceived risk associated with your payment" says the article. Factoring companies charge a discount rate on the sale of structured settlement payments. Sellers get a percentage of the present value. That is literally only pennies on the dollar. But the reality is that rates are available well below 9%. Don't be a sucker consumers!
Should you sell your structured settlement payments to finance a down payment on a home, as a number of sell your structured settlement companies suggest?
Examples
Client First Funding "Your current structured settlement or annuity payments may be paying income for many years to come but you have specific housing needs today. A lump sum payment may be just what you need for a down payment on a new home".
"Whether you want to buy a new house...selling structured settlements to Woodbridge Structured Funding, LLC can put your award to work today"
Comments
Saving for a down payment on a home requires financial discipline. When you achieve your savings goal and use the money for a down payment, the money comes out of your savings. In other words, it is generally not borrowed or financed.
The fact that you are making a down payment means that you are contemplating borrowing money to purchase your home. At the time of posting the average 30 year mortgage rate was 4.21% and 15 year mortgage 3.37% (Source: Bankrate.com)
Selling structured settlement payments to raise money for a down payment means that you are financing the down payment. Depending on which cash now pusher you select you could be financing the down payment for your home at a rate of 18% or higher! The rate I'm talking about is the effective discount rate that is quoted that includes all origination fees, court filing fees, legal fees and commissions paid to the factoring broker, your settlement planner or financial advisor, if applicable.
Your structured settlement represents a stable source of guaranteed income. It's boring. It lacks sex appeal. You won't find it in trendy stores. But having a steady supply of income means a lot in these days of economic uncertainty, even if it means waiting a few more months or years.
Think very carefully before you sell structured settlement payments to finance your down payment on a home because home ownership may not be all that it's cracked up to be:
"The economic recovery is in a bad way. To get it back on track, the housing market will need revival. And yet, three years after the economic crisis (and after bailouts, multiple rounds of stimulus, and much toiling over the national debt) housing numbers are getting worse. August 25, 2011 Time magazine on-line" (Roya Wolverson)
Low appraisals are being blamed for slowing home sales in many areas of the country as new appraisal guidelines go into effect. Housing Predictor.com September 5, 2011
Bargain hungry investors are searching for deals, but their ranks are thinning as the scavengers realize the market isn’t what it used to be – not even since the beginning of the year. Housing Predictor.com August 30, 2011
( Emphasis ours)
In addition to the possibility of effectively borrowing money to buy something that may decline in value, you need enough money to maintain the home, repair the home (when necessary) and pay taxes on the home. If you have to "rob from yourself" to make the down payment, how are you going to pay THAT? Even if the home appreciated, compare the long term return on real estate to your cost of money your effectively incur when selling the structured settlement payments to the cash now pushers.
Don't let short term thinking get your ship sinking!
A factoring company's failure to respect an "under seal" Court order caused unwanted solicitation of a seller's fellow siblings who were victims of sex abuse and were also receiving structured settlement payments as part of the resolution of their lawsuits.
After one of the siblings attempted to sell their structured settlement payment rights to one of the factoring industry's "household names",the other siblings began to receive unwanted solicitations from other factoring companies seeking to buy THEIR structured settlements. Apparently, to some factoring companies "sniffing" court documents is like "sniffing glue". In my opinion it's like a loaded diaper, it stinks!
With no laws governing the solicitation of structured settlement recipients by structured settlement cash now companies, the potential for abuse of structured settlement recipients continues.
Be sure to watch the debate NASP's Matt Bracy and I had on the subject of factoring licensing and regulation which will air on Legal Broadcast Network.
"We Buy Structured Settlements! We Buy Structured Settlements! We Buy Structured Settlements!" cry out the endless ads all over the internet and print media. But is it really true? Can those advertisers indeed buy structured settlements?
Who buys structured settlements? First let's look at the definition of structured settlement under the United States' Internal Revenue Code.
For purposes of Federal taxation, a structured settlement is defined by IRC Section 5891(c)(1) as an arrangement that meets the following requirements:
i. A structured settlement must be established by:
(a) A suit or agreement for periodic payment of damages excludable from gross income under IRC Section 104(a)(2); or
(b) An agreement for the periodic payment of compensation under any workers’ compensation law excludable under Section 104(a)(1); and
ii. The periodic payments must be of the character described in subparagraphs (A) and (B) of IRC Section 130(c)(2) and must be payable by a person who:
(a) Is a party to the suit or agreement or to a workers compensation claims; or
(b) By a person who has assumed the liability for such periodic payments under a Qualified Assignment in accordance with IRC Section 130.
Patrick J. Hindert of S2KM, and co-author of Structured Settlements and Periodic Payment Judgments also defines a structured settlement as a "package of financial and/or insurance products, generally including periodic payments, that a claimant accepts to resolve a personal injury claim or to compromise a statutory periodic payment obligation."
If one accepts the definitions included in the Internal Revenue Code, as well as from one of the industry's foremost scholars, then those advertisements are false. Let's elaborate.....
When a structured settlement is created who actually buys the qualified funding asset (generally a structured settlement annuity, but can be a US government obligation)? In the majority of cases the periodic payment obligation is assigned to an assignee, by way of a qualified assignment (referred to in the IRC definition). If this is the case then the assignee receives consideration for taking on the assignment and buysthe structured settlement annuity. If the case is unassigned then the Defendant or The Defendant's Insurer buys the structured settlement annuity. In either case the "buyer" buys the structured settlement from a licensed insurance agent/broker.
Other than the above you can't buy a structured settlement. A factoring company, such as any one the advertisers in question, cannot buy a structured settlement unless it is a Defendant or Insurer on behalf of the Defendant and the case does not utilize a qualified assignment, or it is acting as an Assignee. I have no knowledge of of any scenario where this would be the case.
A structured settlement factoring transaction accurately describes what is really happening and its right there in the Internal Revenue Code as such. A structured settlement factoring transaction is one which effects the transfer of the structured settlement recipients rights to receive the future structured settlement payments (future periodic payments). "We do structured settlement factoring transactions", or SSFTs, or FTs, or TPPRs ("transfer of periodic payment rights"), or whatever, just doesn't sound as sexy and simple as "we buy structured settlements" and of course it is more of a mouthful to say. I guess the truth is hard to swallow.
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,
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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.
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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
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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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"...Thanks to Mr. Darer's blog and personal pointers I was able to obtain a fair price for the sale of client structured settlement. Therefore, if one has no choice, but to sell their settlement educate yourself first before selling start by reading John's blog" Mr P. 11/17/2012
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Thank you again for your help via phone and blog! I really needed to hear what you had to say today! BM 11/23/2010
John—this (video published 11/2010) is a well done piece. I like the way you always stick to the facts-AM
What a wonderful blog you have! I have completely enjoyed reading some of your posts (4/16/2010)
Thank you so very much for discussing my concerns about Symetra, my annuity company. I am amazed that PI attorneys as well as a settlement broker in San Diego, could not answer the simplest questions I had regarding the Safeco/Symetra issue. Your blog/web site is most interesting and informative, and I am grateful you have take on the "watchdog" role!
Thank you so much again (3/25/10)
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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"
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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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