ARTICLES

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Browse Articles We've Written on our Different Areas of Practice

ABLE Accounts: Another Option for Clients on Medicaid and SSI

The following article was published in the Fall 2016 Utah Trial Journal. Written by Greg Maxwell and Daniel Maxwell. ABLE Accounts - An Introduction As settlement planning attorneys, we are consistently asked how to handle small settlements for injured [...]

Why You Should Include a “No-1099” Provision in Settlement Agreements

Why You Should Include a “No-1099” Provision in Settlement Agreements At the recent annual conference of the Society of Settlement Planners, one of the presenters suggested adding a provision regarding Form 1099s to settlement agreements. Defendants or their insurers will [...]

Medicare Set Asides in Liability Cases: What Do We Do Now?

Greg Maxwell and Kent Hansen wrote an article that was published in the Utah Trial Journal.  The title of the article is "Medicare Set Asides in Liability Cases: What do we do now?" The text of the article follows: Medicare Set [...]

Medicare Secondary Payer Compliance – Are You Fulfilling Your Requirements?

Handling MSP Compliance can be a frustrating, time-consuming processes. Outsourcing these issues to Tombs Maxwell LLP allows you to spend more time on what you do best while we deal with your clients’ Medicare issues. The team of attorneys [...]

Can a Settlement Cause a Loss of Government Benefits?

Many people rely on certain government benefits for their healthcare and basic financial needs. Eligibility for some benefits is determined by financial need and are referred to as “means tested” programs. Medicaid and Supplemental Security Income are examples of means [...]

Taxation of Personal Injury Settlements

Income Tax Settlement recoveries arising from compensatory damages for personal physical injuries are income tax free. IRC Section 104(a)(2) states in part: “…gross income does not include the amount of any damages (other than punitive damages) received (whether by [...]