In Watkins v. Baron, NO. 10 CV 3161 (Nealon J. Lack. Co. Nov. 23, 2011) the trial court approved the settlement in a case involving the settlement of a third party case where the net recovery was placed in an irrevocable Special Needs Trust in order to preserve the Plaintiff’s eligibility for Medicaid and SSI benefits.
The opinion by Judge Nealon spells out exactly how to comply with the state and federal laws to create such a trust for a disabled person under the age of 65, including the trust agreement containing a payback clause mandating that upon the death of the Plaintiff, the Trustee must reimburse DPW for any medical benefits paid to the Plaintiff prior to his or her death.
For a copy of the opinion feel free to contact Scott Cooper at SchmidtKramer Injury lawyers.
Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
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