Skip to content
Your Trusted Planning Advisor Through Life
Home » Blog » Page 4

Florida Court Decides Medicaid TPL Applies to Wrongful Death Case

The Fourth D.C.A. has held in Goheagan v. Perkinsthat the State can recover its Medicaid third-party liability lien in a wrongful death action because the federal anti-lien statute only applies to settlements of living Medicaid recipients. The Medicaid agency paid for approximately $95,000.00 of medical services provided to the decedent. A multi-million dollar verdict was entered against the driver…

Seeking Reduction of the Medicaid Liability Lien

Seeking reduction of the Medicaid liability lien through the administrative process mandated under Florida Statutes. If your client’s personal injury case involves a Medicaid lien as well as an ERISA lien and AHCA argues its lien should be paid in full request that the Administrative Law Judge not consider the ERISA lien as evidence of allocation of medical expenses.  While…

When Bad Things Reflect on Good Professionals

I was disheartened to learn that a Florida elder law attorney was arrested and disbarred in December 2015 for financially exploiting vulnerable clients, and for not fulfilling his responsibilities to clients who hired him to preserve their government benefits and protect their lawsuit proceeds. One bad apple (or in Florida we’ll say bad orange) does…

New Florida & Federal Laws Can Benefit You

Florida Designation of Healthcare Surrogate Law You may know that this document allows you to name a trusted person to make your healthcare decisions if you are temporarily or permanently incapacitated and unable to give informed medical consent. It allows your medical decisions to be made privately without court involvement. Now you have the following…

How To Identify Clients And Personal Injury Cases That Require A Guardianship In Order To Bring The Claim, Continue The Claim Or Settle The Claim

If the settlement recipient is a minor ask yourself: Do the settlement net proceeds exceed $15,000.00? Are the minor’s parents deceased or incapacitated? If the answer is ‘yes’ your client needs a guardianship then call Stephanie L. Schneider an experience guardianship lawyer A ‘minor’ in Florida is a child under 18 years of age. A…

2015 Florida Legislative Update

Florida Statutes Chapter 744 which governs guardianship proceedings was amended relating to the settlement of claims for incapacitated adults and minors effective July 1, 2015. Here are the highlights: Confidentiality: The portion of the court file relating to the settlement of a claim is confidential.  A party must establish good cause and only then is the…

Law Office of Stephanie L. Schneider, P.A.
Scroll To Top