Sentences with phrase «under disability»

Third, it is the practice of some counsel to seek to have a settlement approved with respect to a person under disability at a scheduling appointment.

Firstly, we need to understand that claim settlement under disability insurance covers may not be as objective as term life insurance covers.

As someone else commented, make sure your retirement contributions are also covered under a disability policy.

Serving as primary counsel in bad faith and breach of contract litigation arising from claims under a disability income policy and obtaining summary judgment on behalf of the insurer.

A specific time that must pass following the onset of a covered disability before any benefits will be paid under a disability income policy.

The best thing to do is to check your Company's maternity leave policy (may be located under their disability leave policy).

Social security switched me over to regular age - based annuity payments — I was no longer under a disability deferment.

Essentially, an oral hearing allows the judge to consider procedural fairness to and the substantive rights of the plaintiff under disability.

Be extremely careful when dealing with individuals under a disability, such a mental disorder.

Life Assured himself / herself in case of policy on own life for living benefit claims i.e. claims under disability, critical illness and hospital cash benefit.

A claim in which he obtained the then highest ever employment tribunal award on behalf of a client under the Disability Discrimination Act 1995.

If your condition results in your receiving benefits under a disability insurance policy, the taxability of the income depends on if the insurance premiums were paid with pre-tax or post-tax money.

If the client at any time becomes under a disability then the solicitor will:

(a) a litigation guardian will be found to have an «interest in the proceedings» adverse to the person under disability where there is a «high level of conflict», between the proposed litigation guardian and a party in the proceeding;

In the light of that, will the Under - Secretary of State consider the merit of amending the law so that a child with SEN or disability may be permanently excluded from school only if a review has taken place of the sufficiency and effectiveness of the reasonable adjustments that have been made under the Disability Discrimination Act 1995 to seek to accommodate that pupil?

In Scottish and Southern Energy plc v Mackay, the employer was held not to have breached its responsibilities under the Disability Discrimination Act 1995 for failing to explore satisfactorily with its employee — an electrician suffering a debilitating depressive illness — his commitment to employment elsewhere in the company.

Included in the agreement is a call for the school to submit for OCR approval policies ranging from student discipline to notification of parents of their rights under disability laws.

Minor money of major interest There may be an appreciable lapse of time between acceptance by a claimant under disability of a payment into court and the court's approval of that acceptance under CPR 21.10.

Whether a claim will come back to haunt you in retirement depends on the application of limitation periods, which can be affected by issues like delayed discoverability and whether potential claimants have been under a disability during the intervening years.

There are two ways you might be covered for private or group disability insurance: either you purchased the policy personally or, more comonly, you are covered under a disability plan through your employment.

If your appeal does not work (a more common scenario), and the insurer keeps claiming that you are not qualified for short - term or long - term disability benefits under the disability test, your only recourse is to sue the insurance company in court.

(There are different criteria for eligibility and coverage under disability discrimination and pregnancy discrimination laws.)

«Approval of Costs When Representing Parties Under Disability: The Impact of Marcoccia v. Gill», Personal Injury and Mental Capacity Law — Strategies for Claims Involving Incapable Parties, Law Society of Upper Canada, October 18, 2007

The Explanatory Notes to the 6th edition suggest that Table D be used for those who are defined as disabled under the Disability Discrimination Act.

People under a disability often have complex legal problems, stretching beyond property and affairs in the Court of Protection and issues about lasting and enduring powers of attorney, deputyship and statutory wills.

Disability benefit: The benefit paid under a disability income insurance policy; also a feature added to some life insurance policies providing for waiver of premium, and sometimes payment of monthly income, if the policyholder becomes totally and permanently disabled.

Dear Vikrant, Instead of taking 50 lac full sum insured, you can ask for combination of death and disability, like 25 lac for death benefits and rest under disability, which reduces your premium amount.

Aetna Disability Claims Analyst Tampa • FL 2006 — 2007 Position Provided timely and effective claim service, handled administration of STD and FMLA / LOA disability claims arising under disability insurance and leave of absence policies.

(3) The written consent of the person under disability where the person is a minor who is over the age of sixteen years; and

That commentary states: «a lawyer who is asked to provide legal services under a limited scope retainer to a client under a disability should carefully consider and assess in each case how, under the circumstances, it is possible to render those services in a competent manner.»

Settlement of personal injury claims on behalf of persons under disability has engendered confusion and uncertainty for personal injury lawyers.

inadequate structured settlement, risky management plan being advanced as opposed to a structured settlement, or the absence of a guardian of property or other authorized person to accept payments on behalf of the person under disability).

This paper will address the current state of the law on the issue of solicitors» fees in the context of settlements on behalf of persons under disability, and thereafter will set out practical strategies while drafting the requisite lawyer's affidavit, to effectively and persuasively state the case for the solicitor's proposed fees.

the Court disapproves of the manner in which the settlement proceeds are to be paid to the person under disability (ie.

Note that court rules and procedures have yet to be amended to specifically address some of the issues raised in the unbundling context (e.g., communicating with counsel who is only handling some issues on a matter; dealing with a client under a disability; going on or off the record; or the ghost - writing of pleadings).

Lawyers should take care when they are providing unbundled services to clients who are or might be under a disability.

The limitation period does not run during any time during which the person having the claim is under a disability and is not represented by a litigation guardian with relation to the claim (s. 15 (4)(a)-RRB-;

A Litigation Guardian is also required to file an affidavit in the legal proceedings which includes additional information such as consent to act as Litigation Guardian in the proceeding, a statement of his or her relationship to the person under disability, and acknowledgment that he or she has been informed of his or her liability to personally pay any costs awarded against him or her or against the person under disability.

Where the client is under disability, the notice of motion and the order shall also be served on the client's litigation guardian and, if the litigation guardian is not the Children's Lawyer or the Public Guardian and Trustee, on the Children's Lawyer, if the party is a minor; or on the Public Guardian and Trustee, in any other case.

On this date files commenced before January 1, 2012 that are not yet set down for trial will be automatically dismissed unless there is an order otherwise or the plaintiff is under disability.

A Litigation Guardian is someone over the age of 19 who has authority to instruct counsel throughout the litigation, and is presumed to make decisions and to instruct counsel in the best interests of the person under disability.

Litigation Guardian In British Columbia, a person under the age of 19, or an adult who lacks the mental capacity to make certain decisions, is a «person under disability».

Persons under disability must be represented by a Litigation Guardian before commencing an action for damages.

The Court of Appeal grappled with the definition of «person under disability» under the court rules finding that the Rule 20 - 2 is a «complete code» and does not permit persons under legal disability to bring or defend proceedings in Supreme Court except... Continue reading →

Time during which a claimant is under a disability (such as being younger than the age of majority) is not counted towards the three - year period.