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WHAT DOES “SOLE BENEFIT OF” MEAN WITH RESPECT TO A DISABILITY ANNUITY TRUST

by Thomas D. Begley, Jr., CELA The key issue concerning trusts “for the sole benefit of” is availability. In a private letter, HCFA, now CMS, has taken the position that a trust established for the sole benefit of a community spouse under HCFA Transmittal 64 is an available resource.[1] HCFA maintained that there is a material difference between a standard annuity and an “annuitized”... 

DOL Increases its H-1B LCA Penalties Due to Inflation

On July 1, 2016, the U.S. Department of Labor published notice increasing its civil monetary penalties due to inflation, as required by the Federal Civil Penalties Adjustment Act of 1990 and amended by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. Under the proposed, interim rule, DOL will increase the civil monetary penalty per violation from $1,000 to $1,782 for a violation... 

New Federal Law Improves Safety of Rental Cars

Rental cars are now safer in the U.S., thanks to a new federal law that went into effect June 1 that no prohibits any rental car company or dealer with 35 vehicle or more from renting out recalled vehicles that haven’t been repaired.  The legislative action was named for and championed by the family of Raechel and Jacqueline Houck, sisters, 20 and 24, killed in a fiery crash in 2004 when their... 

Illinois excavation company cited for endangering trench workers

The Occupational Safety and Health Administration (OSHA) cited an Elgin, Illinois, excavation company for allegedly failing to implement safety measures while employees were working in an underground trench. Kellenberger Plumbing & Underground was issued one willful and one serious citation for two safety violations on May 2. OSHA initiated an investigation into the company under its trenching... 

Special Education Case Seeks Supreme Court Review

The U.S. Supreme Court is deciding whether to grant review in a case about the degree of educational benefit that a special education student should receive under an Individualized Education Program (IEP) to satisfy the requirements of the (IDEA). “Clearly, the Supreme Court should hear this important case, as the requirement that a student receive an educational benefit goes to the heart of... 

Plaintiffs’ 3rd Amended Petition

For those of you reading the Brief of Appellant filed by GTECH (International Game Technology) in the Fun 5’s case yesterday, you may want to also review the allegations raised by the Plaintiffs in their Plaintiffs’ Third Amended Petition. By Mary Ellis LaGarde  Read More →

Allen v. Montalvan – Florida Car Accident Settlement Reversed

Anytime children are parties to a car accident or injury lawsuit, Florida law requires the court to appoint a guardian ad litem to represent the minors’ interests in court before any pre-trial settlement can be approved. The recent case of Allen v. Montalvan, before Florida’s Fourth District Court of Appeal, shows what can happen when both sides – even when acting in good faith –... 

Ochoa v. Koppel – Florida Car Accident Settlement Offer Rules Challenged

In Florida personal injury lawsuits, it is common for one party or the other to issue a proposed settlement offer, pursuant to F.S. 768.79 and Rule 1.442. The statute and rule set a hard, 30-day deadline for the other party to accept or reject the proposed settlement, and the settlement may be deemed rejected if the party does not respond to it. Assuming the proposal was made in good faith, the party... 

GTECH Files Appellate Brief in Fun 5’s Lawsuit

GTECH (International Game Technology) filed its Brief of Appellant today in the Court of Appeals for the Third District of Texas at Austin.  In summary, GTECH argues that it merely did what it was told to do by the Texas Lottery Commission.  Therefore, GTECH asserts that it is entitled to immunity from liability for fraud under the doctrine of “derivative immunity”.  GTECH’s argument... 

DISABILITY ANNUITY TRUSTS

by Thomas D. Begley, Jr., CELA The Concept. A sole benefit of trust is a creature of HCFA Transmittal 64.[1] These trusts have traditionally been used in crisis planning. They can be established for the benefit of disabled persons—a Disability Annuity Trust (“DAT”).[2] The idea is that assets would be transferred to an irrevocable trust for the sole benefit of the disabled individual. The assets... 
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