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Medicare Set-Aside Trusts & Social Security Disability

Protecting South Carolina Insurance Carriers

At Trask & Howell, L.L.C., we provide workers' compensation insurance carriers with knowledgeable, professional guidance. Our practice is devoted to workers' compensation defense and the issues that affect employers and carriers. With decades of experience, our attorneys are uniquely qualified to provide cost-effective, cutting-edge solutions to the issues insurance carriers face in South Carolina.

The Medicare Set-Aside Trust

The parties agreeing to a workers' compensation settlement may choose to create a Medicare Set Aside Trust to protect themselves and acknowledge Medicare's right as a secondary payer. When properly crafted, these trusts served to protect carriers from actions by Medicare to recover payments made in the future. New developments in the law have changed the requirements faced by workers' compensation insurance carriers and the self-insured.

Social Security Disability and Workers' Compensation

Recent case law has considered the topic of Social Security Disability offsets and whether the Workers' Compensation Commission has the statutory authority to "allocate" lump sum awards over a claimant's lifetime. The potential impact on South Carolina employers and insurance carriers is significant. As a dedicated workers' compensation defense firm, we assist our clients in keeping up to date with the latest changes affecting their interests. We provide the timely advice and courtroom representation our clients need to protect their interests.