Settlement FAQs

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by Dr. Jaylen Hane MD Published 2 years ago Updated 2 years ago

Can I take a lump sum settlement for long-term disability?

Typically, lump sum settlement offers are only for a portion, rather than the full value, of your future long-term disability benefits. If you accept such a settlement, you will not receive any further monthly benefits.

Why do insurance companies offer lump sum settlements?

It is important to note that when an insurance company makes a settlement offer, it is likely because it is to their advantage as a business to do so. Insurance companies typically offer lump sum settlements because they believe, in the long run, it will save them money compared to paying you monthly benefits for the duration of your disability.

Are lump sum settlements taxable?

If your lump sum settlement is taxable, it is important to be aware that your settlement total may be significantly reduced by taxes. If you are considering accepting a lump sum settlement, you should consider discussing the tax implications of such a settlement with an accountant or other tax professional.

How Does a Workers’ Compensation Lump-Sum Settlement Work?

With a lump-sum settlement, the injured worker receives a substantial sum of money at once. For instance, someone with a serious injury may receive...

What are the Benefits of Accepting a Lump-Sum Settlement?

For many injured employees, agreeing to a lump-sum settlement makes sense.

What are the Downsides of Lump-Sum Settlements?

A lump-sum settlement should not be accepted without serious consideration.

What is the Alternative to a Lump-Sum Settlement?

An injured worker may feel that a lump-sum settlement is not in their best interest. The alternative is to accept a structured settlement.

How Do I Know if a Lump-Sum or Structured Settlement Makes Sense for Me?

Figuring out whether to accept a lump-sum or structured settlement can be challenging. No decision should be made without serious contemplation.

How Does a Workers’ Compensation Lump-Sum Settlement Work?

With a lump-sum settlement, the injured worker receives a substantial sum of money at once. For instance, someone with a serious injury may receive a settlement offer of $500,000. If the worker accepts the money, the money will be issued immediately. This allows the worker to have instant access to the full settlement amount.

What are the Benefits of Accepting a Lump-Sum Settlement?

For many injured employees, agreeing to a lump-sum settlement makes sense. They appreciate the advantages that can come from a lump-sum settlement, including:

What is the Alternative to a Lump-Sum Settlement?

An injured worker may feel that a lump-sum settlement is not in their best interest. The alternative is to accept a structured settlement. With a structured settlement, money is disbursed over time. In other words, the settlement amount is given to the employee on a regular schedule. The schedule could be every week, month, or year.

How Do I Know if a Lump-Sum or Structured Settlement Makes Sense for Me?

An injured employee will want to make sure that their medical condition has stabilized before accepting either type of settlement. That way, they have a general sense of how their disability will affect the rest of their life.

What are the benefits of structured settlement?

Some of the other upsides to structured settlements include: 1 A structured settlement offers consistent payments. This reduces the ability to spend all the cash at one time. 2 A structured settlement allows for the possibility of a lifetime of compensation. Many workers appreciate knowing that if they need more money, they can appeal for it. 3 A structured settlement is tax-exempt. The same tax rules governing lump-sum settlements pertain to structured settlements. Consequently, workers do not harm themselves by choosing a structured settlement over a lump-sum settlement.

Why is structured settlement important?

This reduces the ability to spend all the cash at one time.

What are the two types of settlements?

However, many workers are confused by the two main settlement types: lump-sum settlements and structured settlements. Before accepting any settlement offer, especially a lump-sum settlement, an employee who has a work-related injury should consider consulting with a lawyer. The lawyer can help them understand the advantages and disadvantages ...

What happens if you accept a lump sum settlement?

After you accept, you will no longer have to worry about dealing with them regarding payments, requests for updated records and documentation, or policy changes.

What is a Lump Sum Settlement Offer?

A lump sum settlement is when your insurance company offers to pay you your future long-term disability benefits in one lump sum now, rather than continuing to send you monthly benefits. Typically, lump sum settlement offers are only for a portion, rather than the full value, of your future long-term disability benefits. If you accept such a settlement, you will not receive any further monthly benefits. There are advantages and disadvantages to accepting a lump sum settlement offer, and while a sizable, immediate sum of money may seem tempting at first, it is important to fully evaluate your options before making your decision.

What is Chisholm and Kilpatrick?

Chisholm Chisholm & Kilpatrick LTD has a team of legal professionals with expertise in long-term disability and ERISA law. If you need guidance on how to handle a lump sum settlement offer with your insurance company, they are ready to assist you. Our attorneys know how insurance companies operate and are experienced with the ways they seek to save money by offering settlements. A member of our team can evaluate your claim and help you navigate this process if you have been offered a settlement.

Why do insurance companies offer lump sum settlements?

Insurance companies typically offer lump sum settlements because they believe, in the long run, it will save them money compared to paying you monthly benefits for the duration of your disability. Not all claimants are offered lump sum settlements.

How to contact CCK about long term disability?

You can call 800-544-9144 today to speak with a member of our team and receive a free consultation regarding your long-term disability claim.

What happens if you spend money too quickly?

If you spend the money too quickly or are not careful with your finances, you may not have the funds necessary to support yourself in the future.

Can you get a lump sum settlement for long term disability?

The nature of your disability: If the nature of your disability is such that your condition is not likely to improve, the insurance company may be more likely to offer you a settlement. This is because you are likely to receive LTD benefits for the maximum benefit period, and thus the insurance company is almost guaranteed to pay you the full value of your future long-term disability benefits if you remain on claim. Because settlement offers are typically only for a portion of your future LTD benefits, an accepted lump sum settlement allows the insurance company to reduce the overall amount it must pay on your claim.

Will the Lump Sum Divorce Settlement Meet Your Future Needs?

Unlike many attorneys, a financial planner with experience working on matrimonial matters knows how to navigate these financial abstractions and interpret and communicate alternative scenarios to his or her client. When we take on matrimonial engagements, our primary tool is a multi-year cash flow projection that is built on reasonable assumptions.

What to consider when considering a lump sum divorce settlement?

When considering the adequacy of a lump sum divorce settlement, the most significant variables to consider include planning for the growth of your money (investment returns), which itself is subject to a plethora of financial variables, as well as the cost of supporting your future lifestyle, which is subject to both inflation and your evolving needs. It is extremely difficult for even the financially savvy to model how much money in today’s dollars is needed to fund a person’s future lifestyle, or conversely, what would one’s future lifestyle look like based on receiving a lump sum of money today. This is the time, during settlement negotiations, not afterwards, when engaging an experienced professional financial planner can be extremely helpful.

Why is a lump sum divorce settlement so abstract?

But when the non-moneyed spouse is offered a lump-sum divorce settlement – either as an addition to, or as an alternative to ongoing maintenance and support payments – the lump-sum payment, the engine that will be required to support your future lifestyle, often becomes pretty abstract. This is because money itself is inherently abstract.

How difficult is it to anticipate future expenses?

Anticipating future expenses is difficult, and projecting the sources of cash required to fund these expenses is even more difficult. Investment returns are highly dependent on your portfolio asset allocation, which in turn is dependent on factors such as your investment risk tolerance (itself a complicated process), your age, other available economic resources and the ability to replace lost capital. Estimates for investment rates of return should be conservative with plenty of margin for error, as the financial markets do not always cooperate with our expectations and needs. Also, the income tax bite on portfolio income is an extremely important consideration. Often, taxes are a household’s largest cash outflow. Once completed, a thoughtful multi-year cash flow projection becomes the rock of your financial planning as it quantifies your financial lifestyle down the road. Generally, we update our clients’ cash flows annually or as they experience changes in their financial lives.

What is cash flow analysis?

Stated simply, a cash flow is a listing of your likely future expenses, along with the sources of cash that will be required to fund them. We start by listing monthly expenses, generally based on the recent past, modified for anticipated post-divorce adjustments, so the result looks somewhat like a monthly budget. After our client is reasonably confident of their monthly expenses, we annualize them for a cleaner looking analysis that may extend 10, or even 20 years into the future.

What is the purpose of money?

Stated somewhat differently, when it comes to supporting your lifestyle, the purpose of money is to generate the ongoing cash flow that allows you to purchase goods and services, now and in the future. ...

Can you sell structured settlements?

The decision to sell your structured settlement payments isn’t always an easy one, especially when you consider your different options and calculate how much cash you’re looking to receive. But the sale of structured settlement payments doesn’t necessarily have to be a once-in-a-lifetime transaction, and that is what makes selling structured settlement payments so convenient: the freedom and flexibility to sell what you want, when you want.

Do you have to sell all settlement payments at once?

Some people are under the impression that if they want a lump sum for structured settlement payments, they are required to sell all their structured settlement payments at once. However, this is not the case. If you do prefer to cash out your entire payment stream and receive the largest lump sum possible, then you may have that option, but it’s not a requirement. In fact, many payment stream recipients choose to sell just a portion of their future structured settlement payments for a lump sum of cash. This choice can be a win-win for several reasons, as it enables people to get the lump sum of cash, they need to take care of something specific, while also leaving the remaining of their structured settlement payments untouched so that they still have that guaranteed flow of income.

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