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.
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Category: Stamford CT Settlement Planning
Topics related to Stamford CT settlement planning, that may be of interest to personal injury lawyers in Stamford CT or residents of Stamford CT that may be involved in a lawsuits for personal injury, wrongful death, medical malpractice and seeking settlement planning advice and information.
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A structured settlement annuity may provide a contractual guarantee “to pay out for a lifetime”, however long that is. Depending on the age of the annuitant actual lifetime may exceed the maximum term of available bonds. With medical improvements and healthier living people are living longer.
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IRS has issued Chief Counsel advice 200922041 which offers guidance on the meaning of “disabled” as it relates to IRC 72(m)(7), the disability exception to the 10%, pre 59 1/2 distribution penalties from IRAs and annuities (the use of “annuities” in this case does not include structured settlement annuities).
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In December 2006, a legal opinion raised doubts about the ability of assignment companies to restructure periodic payments, leading many insurers to withdraw from commutation programs, favoring factoring companies. However, a 2009 IRS ruling clarified that assignment companies could restructure obligations without tax implications, allowing insurers to resume commutation offerings.
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The American College has enhanced the Chartered Financial Consultant® (ChFC®) designation, now requiring nine college-level courses starting October 1, 2009. This includes elements of the CFP certification and specialized electives. Established in 1982, the ChFC® signifies a high standard of knowledge in financial planning, distinct from the CFP credential.
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A Structured Settlement COLA, or Cost Of Living Adjustment, is a fixed annual increase in future payments, elected before settlement finalization. While typically non-taxable, certain scenarios—like variable income streams or taxable damages—may incur tax liabilities. Recent developments include new index-linked structured settlement options by various insurers.
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Proper documentation of consideration is vital for structured settlement payments, particularly the “promise to pay” for periodic payments. Inadequate wording may render the settlement defective, leaving plaintiffs unprotected. It’s essential to ensure obligations are clearly stated to avoid future complications in qualified assignments, as outlined in IRC 130(c).
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John Darer’s article emphasizes the importance of professional designations in structured settlements and settlement planning. He highlights credentials like CLU, ChFC, CSSC, and MSSC, which signify extensive training and expertise in financial planning and structured settlements. Continuing education is essential for professionals to remain informed in this specialized field.
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John Darer discusses the concept of settlements, emphasizing that they are negotiated compromises rather than victories. He clarifies that settlement agreements explicitly state they do not imply liability. Additionally, he critiques misleading advertisements that suggest one can “win” or be “awarded” a settlement, reinforcing the importance of accurate terminology.
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Litigation is a draining process and plaintiffs may have symptoms of post traumatic stress. Others may feel relief. Still others may feel a void in their lives because of the time and space that the litigation has taken in their minds.