Structured Settlements

n this weeks edition of Speaking of Settlements, Mark Wahlstrom, the President of Wahlstrom & Associates and the host of The Settlement Channel discusses the recent information that the Obama administration is encouraging the use of annuity contracts or immediate annuities at retirement to provide a greater degree of security as people head toward and enter retirement. Viewers of The Settlement Channel will find this not to be a surprise, but if you want to know more about how firms such as Putnam Investments, researchers at UCLA and governmental advisors are finally coming to the realization that buying an annuity to fund your retirement may be the best option for most Americans, listen to this weeks broadcast. For more go to www.lbnnews.com

In this weeks broadcast on The Legal Broadcast Network, Mark Wahlstrom discusses the improvements in the metlife structured attorney fee, or structure legal fee, program that allows lawyers to use structured settlement annuities to defer taxable income into future years. This long standing and secure method of tax and retirement planning will certain enjoy a resurgence in the coming months and years as attorneys look for options to reduce the tax bite of large fees and to supplement depleted retirement programs. Learn more about the metlife structured legal fee options on this weeks Speaking of Settlements.

Hi,

I am purchasing my first home (with my husband). The intercom system doesn’t work. When we had our home inspections, the inspector didn’t add this to his list (I asked him about it and he said that it didn’t have anything to do with the structure of the home). All of the issues on the home inspection sheet have been corrected. Now, we are wondering if we should bring up the broken intercom up at the settlement table. Both of the Realtor think that bringing this issue up at settlement will break the deal (because according to them I am getting a great deal). But, if I am purchasing a home…shouldn’t everything be in working condition. Some background information…we purchased the home for ,000 below the asking price…but it appraised at the value that we purchase the home for. I am emotionally attached to the home…and don’t want to lose it…we are using everything that we have to purchase this home and we will be on a tight budget after we get this home and we can’t afford to have issues. Question: a. Should we bring this issue up at settlement (or are we being to picky). b. Should we purchase the house with the broken intercom system and just fix it in the future? c. Should we bring the issue up at settlement and if they don’t fix it - walk away from the house (with this issue, I am worried about losing my 00 deposit).

Thanks in advance,

VC Travel

My husband has created fraudulent debts to make it look like I cannot cash out the equity in our home. Its a long story and has cost me over k in attny fees to get awarded very basic equity that he wants to make in structured monthly payments. There is a clause in my divorce papers that says bankruptcy is not an release for this debt. However, he has already made it clear he has no intention of making any of the monthly payments. His checking acct is continually overdrawn and he rarely pays banks and creditors on time, so there is little reason to believe I will get my money. I am wondering what experience you have to help me? I have requested a lein on the house (he wants it), an insurance policy or some other penalty be attached to non-payment, I also suggested there be a "bonus" for regular monthly payments (say a 00 less owed). But my attorney has not responded to any of these saying "he has to pay". But I know better. What did you do to protect yourself?

In this edition of Speaking of Settlements, Mark Wahlstrom discusses a recent Wall Street Journal by Jason Zweig on the net-net-net return on investments and how investors struggle for even marginally positive yields. The structured settlement annuity is the single best net after tax, after fees and after inflation investments for plaintiffs and injury victims. If you are considering a structured settlement and investment options this is an important video for you to watch….

My daughter will be turning 13 in December. She will soon be receiving an injury settlement of approximately ,000. She is not good with money. The attorney said it can be structured through an annuity so she doesn’t get just a fat wardrobe check when she turns 21, but I don’t believe insurance companies provide annuities just so they can get into corporate heaven when they die. Do they operate like banks, using your money to earn good returns while they make you dance for pennies?
It’s not that I don’t care for banks. Or insurance companies. They both provide a service, but do not exist for my benefit, and since I have no experience in this area, I seek counsel of those that do.

I would appreciate any advice (legal or otherwise "informed") as to what to do if I feel I’ve been threatened to be terminated or demoted based on a recently revealed disability.

I’ll try my best to keep this as simple as possible, but a little back story is needed to really address the specifics…(I’ll break down the important parts).

My Disability…
About 5 months ago I started to suffer from prolonged aching and sometimes debilitating pain in my joints and occasional acute pain in my chest and back. I’m a 24, athletic, and in otherwise good health so after enduring this for months I finally made an appt. with a rheumatologist and have since been diagnosed with an autoimmune connective tissue disease. There is no known cure for the family of autoimmune diseases and relatively scarce knowledge even for it’s causes. It is essentially a chronic "pain management" disease, through various NSAIDs and immune suppressing drugs.

My Job…
I have been working in retail for the same company off and on for 7 (almost years now, at various store locations–part-time in high school and full-time through college and at the present. I am a stock manager and have held that position at 3 different stores for a total of about 3 years. So my experience and knowledge of my position and it’s responsibilities are well known to me by now, and up until this recent diagnosis, have been well within my physical capacity. (and while I feel it should be noted, that my mental capacity far exceeds the requirements of the job, there are unfortunately no bonus points or rewards for intellect in retail…we go by a "follow the program" and look pretty policy) lol

The (possible?) discrimination…
Though the company I work for is no stranger to VERY public discrimination suits and (massive) consequential settlements, I’ll withhold from naming names (for my sake as a current employee at this point). So the quick and dirty version of why I feel discriminated against or threatened goes like this…

I went to my store manager with the details of my medical issue and the limitations it may cause in the immediate and foreseeable future, and I asked for understanding and whether I could re-structure my work schedule to come in earlier to avoid having to work through the more painful evening/night hours. I thought this was a pretty reasonable and rational request due to the fact that I can’t escape the daily aches, and want to keep my job despite that. I just wanted to avoid the worst of it. …. While he was empathetic, he really had no say in whether the work schedule would be approved by our district manager. Soooo…. On my DM’s weekly visit I explained the same issue I was having and same request, but he was almost dismissive about it and without giving an absolute yes or no, went into "how my position REQUIRES that I be present for the hours of 1-10pm. And that my necessary duties as stock mgr. won’t be able to be covered by anyone else." Since that first discussion, he’s asked about specifics of my condition (in a challenging it’s legitimacy kind of way), and has still maintained his position that I really have no choice but to work these hours. Finally, yesterday the straw that broke the camel’s back, was when he finally suggested that if my condition will limit my capability to handle my position then they would have to find a replacement and/or demote me to a part-time employee!!

Now I’m no civil rights expert, but even knowing nothing about law I was pretty stunned that he would even say that to me! My response was, "…um…wouldn’t that be considered discrimination based on disability…?? Since I’ve been in this position and proven my capability up until this recent diagnosis, shouldn’t I be warranted some kind of fair accommodations under the circumstances?? " and his response (in a slightly defensive tone) was, "well, I can’t really say…. you’ll just have to call (some HR entity–can’t remember the name) … and they can tell you if you have the right to ask for those hours…."

and that was that.

What makes me nervous is his recent persitance about my performance and basically riding me about every little thing, and even telling my store manager to terminate me on the spot if I question any specific task I’m asked to do. I feel like I’m really being singled out, especially considering, upon a recent visit our Regional Mgr’s (DM’s boss) only positive remarks on our audit and store ops were about how strong the organization and maintenance was and personally thanked me for my stockroom on her way out. (RM’s aren’t prone to dolling out individual praise, especially all the way down the food chain) so I felt at least a little vindicated. I was starting to wonder whether I was delusional about how well I do my job!

Anyway… I don’t even know if this qualifies as a "yahoo question", but I am so stressed that I might lose my job for a bogus reason because my boss doesn’t want to deal w
kagerousan: I appreciate the advice, and I realize the logistics of hearsay… but if the store mgr and other assitant mgrs can attest to his (the district mgr) position on this, does that count for anything?

I’ve only begun to look into all this tonight so my knowledge is limited, but I think I get the basics of "at-will" employment (which I am), but if a medical condition deems you impaired under the disability act, it sounds like there is an exemption from the at-will termination…??

I just doubt I’ll catch him so blatantly (and so stupidly) giving me that ultimatum again… since I called him out on it right away…. bummer.

where’s the damn iphone app for catching your boss making discriminatory statements, when ya need one?!

Can someone please tell me more about Structured settlement,any info will help.
Thank you.

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What requires insurance companies to include the mortgagee on loss payments for REAL property(substantial)? As mortgagee (me), their claim is that their only obligation to me is the balance of the mortgage. But they paid the insured more than the cost of the property in seven payments and failed to include my name on any of the payments. Insured took the money and ran (I probably would have to..) because he was better off financially than using the proceeds to restore the property. I learned about the loss (fire) when the insured defaulted on the mortgage and I called the electric company to restore service (couldn’t to a burned out structure). I was clearly listed as mortgagee on the policy. Had a real estate contract that stated that in case of default, all payments became rent and I took back posession of the property. Can they really get away with having failed to include my name on loss settlement payments? I feel that they encouraged the insured (mortgagor) to default on my loan.