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: WCMSA
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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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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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It is important to distinguish the use of rated age to “price out the WCMSA” in the CMS memo and the actual cost of the annuity if a structured MSA is used. The funder of the MSA will still be able to use the highest rated when it buys/funds the commercially available annuity for the…