Structured Settlements 4Real®Blog 2026
Structured settlements expert John Darer reviews the latest structured settlements and settlement planning information and news, and provides expert opinion and highly regarded commentary. that is spicy, Informative, irreverent and effective for over 20 years.
recent posts
- 🔥Founder and Former CEO of 777 Partners, Joshua Wander, Pleads Guilty⚖️ to $500 Million Fraud Scheme — DOJ Confirms Double‑Pledging, Misappropriation of Structured‑Settlement Funds, and Falsified Bank Statements
- The Steering Problem Needs a Wake‑Up Call
- Companies Still Using the Incorrect Term “Secondary Market Annuity”
- Canonical: Non‑Qualified Assignment (NQA)
- ⭐ THE 18–25 GUIDE TO STRUCTURED SETTLEMENTS
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Category: Medicare Set Aside Arrangements
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When promoting Structured MSA, the devil is in the details. A Structured MSA has tremendous benefits, but a mural of “scary turkeys” known as “speedy thieves” in the scientific community, is not exactly what I would have in mind to promote them.
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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.
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You cannot fund a Structured Medicare Set Aside with a “secondary market annuity”. You cannot fund a Medicare Set Asidet 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.
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In a January 2015 ruling, the U.S. Bankruptcy Court for the Middle District of Pennsylvania determined that Workers’ Compensation Medicare Set-Asides (WCMSA) are exempt assets in Chapter 7 bankruptcy cases, thus shielding them from creditor claims. This decision clarifies the treatment of MSAs in bankruptcy proceedings.
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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.
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John Griffiths was the lead plaintiff in a class action lawsuit against Aviva and Athene. Athene agreed to provide annuitants a CMA. Some annuitants received a modest financial recovery. A needless, unfortunate episode for the insurers, underscoring the need to be vigilant when insurers transition, or runoff their product lines.
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CMS published a 2025 update to its “How To”:how to reference guide on Workers Compensation Medicare Set Aside Arrangements. Almost everything you need to know all in one place! CMS published an updated to its Workers Compensation MSA Self Adminstartion Tool Kit in August 2024
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by John Darer CLU ChFC CSSC RSP 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…
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What happens if you have a Medicare set aside account and there is a divorce?