University Disability Services

Thursday, May 31, 2012

Veterans Disability Benefits and the Decision narrate Officer - When Should You Use the Dro Process?

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A very tasteless request asked of me by U.S. Veterans who are seeking disability compensation for injuries and disabilities incurred in military service is this: what is the "de novo" narrate the Va offers me when I file my observation of Disagreement, and should I use it?

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In all honesty, I cannot think of a scenario where a U.S. Veteran intriguing the Va Regional Office's denial of disability benefits would not ask the Dro review.

To understand why I say this, it is helpful to understand the process of intriguing the Varo (Va Regional Office) denial of a claim for disability compensation to a Us Veteran.

After the veteran's claim is denied by the Va Regional Office (whether denied partially or entirely, the U.S. Veteran must challenge the decision if he or she wants to continue to pursue the benefit.

To begin the process of intriguing the Varo Ratings Decision, the first step is for the Veteran to send the Va Regional Office a written observation of discrepancy (also known as a "Nod"). Once the U.S. Veteran files the "Nod" with the Va Regional Office, that office will typically send the Veteran a form that has some language about development an " petition election. The Va Regional Office will ask that the Veteran choose in the middle of the former petition process or a narrate by what is called a "Decision narrate Officer (which I call the Dro). The Va will give the Veteran 60 days to file the petition determination for with the Varo.

Now, that is the process to get the ball rolling on intriguing the Va Ratings Decision. What is the Dro process, how is it distinct from the Bva, or traditional, appeal, and why do I say it should all the time be utilized by the Veteran?

First, Dros are senior claims examiners who have the authority to grant the Veteran's requested benefits, based on the same evidence that was used in the initial ratings decision. The Dro will narrate the evidence "de novo" (This means, in a nutshell, with fresh eyes and without deference to the initial Va Ratings Decision.)

Second, the Dro is a senior and much more experienced claims representatives with the Va who has probably seen more claims, knows the law better, and whose job is not only to make sure that the Veteran is getting a "non-adversarial" decision, but also to protect the Va from the cost and time of poor decisions from Junior Claims examiners.

Third, the Dro will narrate the case without deference to the Va Rating Decision. In some situations, the Veteran can ask to meet with or talk to the Dro.

Fourth, the Dro process has a good chance of being flourishing and if it is successful, it will be a lot faster than intriguing to the Bva, where the wait for a hearing can be 500-600 days, or more. I was told at a recent Veterans' Cle, without any hard evidence to back up the statistic, that 2% of the initial claim denials are reversed by the Va's Dro process. In the land of the Va, 2% is an incredibly high success ratio (believe it or not).

Fifth, even if the Dro agrees with the initial Ratings Decision, (or makes a decision that is favorable, but not wholly correct) you can still petition to the Bva. So, the Veteran doesn't lose the ability to challenge the Va Ratings Decision, has a 2% chance of having the Varo's decision reversed, often doesn't have to submit any new documentation, and can at times narrate directly with the Dro. What's not to like about the Dro process?

Let me give you a good example of success using the Dro process. In a recent petition I handled for a Vietnam Vet with Post Traumatic Stress Disorder (Ptsd), the Va initially denied the Veteran's claim. The Va's position was that there was no evidence that the Veteran had been diagnosed with Ptsd. This conclusion was absurd: the Va had beyond doubt diagnosed the Vet with Ptsd, the diagnosis was in his Claims File And the Va Doctors had already done that this Veteran's Ptsd was a direct effect of his military service.

On profit of the Veteran, we sought narrate by a Dro. Within a consolidate of months, the Veteran was evaluated by a local Va curative Center, and was given an impairment rating for his Ptsd. About 30 days later, the Veteran received payment of past-due money from the Va, and will continue to receive benefits for his now service-connected Ptsd.

Without a Dro, this Veteran would have had to wait at least one or two Years to argue to a Bva HearingS Officer that he was entitled to Ptsd. Even if the Veteran persuaded the Bva Hearing Official, the claim likely would have just been sent back to the Va Regional Office for an impairment estimate and further development of the record. This process could have taken years, without netting a single payment to the Veteran.

While the Dro process does not warrant Veterans that they will win their claim, the Dro process can be a beyond doubt good chance to get the Veteran the benefits they are entitled to - and normally quicker!

The process works for the Va, because they are able to more efficiently sell out their backlog of claims.
The process works for the Bva Hearings Officer, who only has to settle the remaining disputes (such as the effective date of an award, or the allowable impairment percentage, etc.)

In short, I can't think of a reckon not to ask a Dro narrate of the Varo's initial Rating Decision.

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Including the Deaf Community (Long Version)

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Including the Deaf Community (Long Version) Video Clips. Duration : 8.77 Mins.

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Due Diligence Checklists - For market Real Estate Transactions

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Planning to buy or finance commercial or commercial Real Estate? Shopping Center? Office Building? Restaurant/Banquet property? Parking Lot? Storefront? Gas Station? Manufacturing facility? Warehouse? Logistics Terminal? healing Building? Nursing Home? Hotel/Motel? Pharmacy? Bank facility? Sports and Entertainment Arena? Other?

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How is Due Diligence Checklists - For market Real Estate Transactions

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A Key to investing in commercial real estate is performing an enough Due Diligence Investigation to assure you know all material facts to make a wise speculation decision and to reckon your anticipated speculation yield.

The following checklists are designed to help you escort a focused and meaningful Due Diligence Investigation.

Basic Due Diligence Concepts:

Commercial Real Estate transactions are Not similar to large home purchases.

Caveat Emptor: Let the Buyer beware.

Consumer protection laws applicable to home purchases seldom apply to commercial real estate transactions. The rule that a Buyer must examine, judge, and test for himself, applies to the buy of commercial real estate.

Due Diligence: "Such a measure of prudence, activity, or assiduity, as is proper to be anticipated from, and ordinarily exercised by, a uncostly and thrifty [person] under the single circumstances; not measured by any absolute standard, but depending upon the relative facts of the extra case." Black's Law Dictionary; West Publishing Company.

Contractual representations and warranties are Not a substitute for Due Diligence.

Breach of representations and warranties = Litigation, time and money.

What Diligence Is Due?

The scope, intensity and focus of any due diligence investigation of commercial or commercial real estate depends upon the objectives of the party for whom the investigation is conducted. These objectives may vary depending upon either the investigation is conducted for the advantage of (i) a Strategic Buyer (or long-term lessee); (ii) a Financial Buyer; (iii) a Developer; or (iv) a Lender.

If you are a Seller, understand that to close the transaction your Buyer (and its Lender) must address all issues material to its objective - some of which require facts only you, as Owner, can adequately provide.

General Objectives:

(i) A "Strategic Buyer" (or long-term lessee) is acquiring the asset for its own use and must verify that the asset is suitable for that intended use.

(ii) A "Financial Buyer" is acquiring the asset for the anticipated return on speculation generated by the property's revenue stream, and must resolve the amount, velocity and durableness of the revenue stream. A sophisticated Financial Buyer will likely reckon its yield based upon discounted cash-flows rather than the must less strict capitalization rate ("cap rate"), and will need enough financial facts to do so.

(iii) A "Developer" is seeking to add value by changing the character or use of the asset - ordinarily with a short-term to intermediate-term exit strategy to dispose of the property; although, a Developer might plan to hold the asset long term as Financial Buyer after development or redevelopment. The Developer must focus on either the planned turn is character or use can be concluded in a cost-effective manner. A developer conducting due diligence will focus on issues interesting market demand, access, use and finances.

(iv) A "Lender" is seeking to compose two basic lending criteria:

1. "Ability to Repay" - The potential of the asset to generate enough revenue to repay the loan on a timely basis; and

2. "Sufficiency of Collateral" - The objective disposal value of the collateral in the event of a loan default, to assure enough funds to repay the loan, carrying costs and costs of variety in the event forced variety becomes necessary.

The whole of diligent inquiry due to be expended (i.e. "Due Diligence") to explore any single commercial or commercial real estate task is the whole of inquiry required to rejoinder each of the following questions to the extent relevant to the objectives of the party conducting the investigation:

I. The Property:

1. Exactly what asset does Purchaser believe it is acquiring?

(a) Land?

(b) Building?

(d) Other Improvements?

(e) Other Rights?

(f) The entire fee title interest along with all air possession and subterranean rights?

(g) All development rights?

2. What is Purchaser's planned use of the Property?

3. Does the corporal condition of the asset permit use as planned?

(a) Commercially enough entrance to public streets and ways?

(b) enough parking?

(d) Environmental contamination?

(i) Innocent Purchaser defense vs. Exemption from liability

(ii) All approved Inquiry

4. Is there any legal restriction to Purchaser's use of the asset as planned?

(a) Zoning?

(b) underground land use controls?

(d) Availability of licenses?

(i) Liquor license?

(ii) Entertainment license?

(iii) Outdoor dining license?

(iv) Drive through windows permitted?

(e) Other impediments?

5. How much does Purchaser expect to pay for the property?

6. Is there any condition on or within the asset that is likely to increase Purchaser's sufficient cost to collect or use the Property?

(a) asset owner's assessments?

(b) Real estate tax in line with value?

(d) Required user fees for critical amenities?

(i) Drainage?

(ii) Access?

(iii) Parking?

(iv) Other?

7. Any encroachments onto the Property, or from the asset onto other lands?

8. Are there any encumbrances on the asset that will not be cleared at Closing?

(a) Easements?

(b) Covenants Running with the Land?

(d) Leases?

9. Leases?

(a) protection Deposits?

(b) Options to extend Term?

(d) possession of First Refusal?

(e) possession of First Offer?

(f) Maintenance Obligations?

(g) Duty on Landlord to provide utilities?

(h) Real estate tax or Cam escrows?

(i) Delinquent rent?

(j) Pre-Paid rent?

(k) Tenant mix/use controls?

(l) Tenant exclusives?

(m) Tenant parking requirements?

(n) self-acting subordination of Lease to hereafter mortgages?

(o) Other material Lease terms?

10. New Construction?

(a) Availability of building permits?

(b) Utilities?

(i) Phase 2 sufficient March 2003 - Permit required if earth is disturbed on one acre or more of land.

(ii) If applicable, Storm Water Pollution arresting Plan (Swppp) is required.

Ii. The Seller:

1. Who is the Seller?

(a) Individual?

(b) Trust?

(d) Corporation?

(e) miniature Liability Company?

(f) Other legally existing entity?

2. If other than natural person, does jobber validly exist and is jobber in good standing?

3. Does the jobber own the Property?

4. Does jobber have authority to convey the Property?

(a) Board of Director Approvals?

(b) Shareholder or Member approval?

(d) If foreign private or entity, are any extra requirements applicable?

(i) Qualification to do company in jurisdiction of Property?

(ii) Federal Tax Withholding?

(iii) Us Patriot Act compliance?

5. Who has authority to bind Seller?

6. Are sale proceeds enough to pay off all liens?

Iii. The Purchaser:

1. Who is the Purchaser?

2. What is the Purchaser/Grantee's exact legal name?

3. If Purchaser/Grantee is an entity, has it been validly created and is it in good standing?

(a) Articles or Incorporation - Articles of Organization

(b) Certificate of Good Standing

4. Is Purchaser/Grantee authorized to own and control the asset and, if applicable, finance acquisition of the Property?

(a) Board of Director Approvals?

(b) Shareholder or Member approval?

(i) Qualification to do company in jurisdiction of the Property?

(ii) Us Patriot Act compliance?

(iii) Bank Secrecy Act/Anti-Money Laundering compliance?

5. Who is authorized to bind the Purchaser/Grantee?

Iv. Purchaser Financing:

A. company Terms Of The Loan:

What loan terms have the Purchaser, as Borrower, and its Lender agreed to?

(a) What is the whole of the loan?

(b) What is the interest rate?

(d) What is the collateral?

(i) commercial real estate only?

(ii) Real estate and personal asset together?

(e) First lien? A junior lien?

(f) Is it a single develop loan?

(g) A multiple develop loan?

(h) A building loan?

(i) If it is a multiple develop loan, can the critical be re-borrowed once repaid prior to maturity of the loan; manufacture it, in effect, a revolving line of credit?

(j) Are there sustain requirements?

(i) Interest reserves?

(ii) heal reserves?

(iii) Real estate tax reserves?

(iv) guarnatee reserves?

(v) Environmental remediation reserves?

(vi) Other reserves?

(k) Are there requirements for Borrower to open company operating accounts with the Lender? If so, is the Borrower obligated to enunciate minimum compensating balances?

(l) Is the Borrower required to pledge company accounts as further collateral?

(m) Are there early reimbursement fees or yield maintenance requirements (each sometimes referred to as "pre-payment penalties")?

(n) Are there reimbursement blackout periods during which Borrower is not permitted to repay the loan?

(o) Is there a Loan Commitment fee or "good faith deposit" due upon Borrower's acceptance of the Loan Commitment?

(p) Is there a loan funding fee or loan brokerage fee or other loan fee due Lender or a loan broker at closing?

(q) What are the Borrower's cost reimbursement obligations to Lender? When are they due? What is the Borrower's enforcement to pay Lender's expenses if the loan does not close?

B. Documenting The commercial Real Estate Loan

Does Purchaser have all facts critical to comply with the Lender's loan windup requirements?

Not all loan documentation requirements may be known at the outset of a transaction, although most commercial real estate loan documentation requirements are fairly typical. Some required facts can be obtained only from the Seller. Production of that facts to Purchaser for delivery to its lender must be required in the buy contract.

As advice to what a commercial real estate lender may require, the following sets forth a typical windup Checklist for a loan secured by commercial real estate.

Commercial Real Estate Loan windup Checklist

1. Promissory Note

2. Personal Guaranties (which may be full, partial, secured, unsecured, payment guaranties, variety guaranties or a variety of other types of guarantees as may be required by Lender).

3. Loan trade (often incorporated into the Promissory Note and/or Mortgage in lieu of being a cut off document)

4. Mortgage [sometimes vast to be a Mortgage, protection trade and Fixture Filing]

5. Assignment of Rents and Leases

6. protection Agreement

7. Financing Statement (sometimes referred to as a "Ucc-1", or "Initial Filing")

8. Evidence of Borrower's Existence In Good Standing; including

(a) Certified copy of organizational documents of borrowing entity (including Articles of Incorporation, if Borrower is a corporation; Articles of assosication and written Operating Agreement, if Borrower is a miniature liability company; Certified copy of trust trade with all amendments, if Borrower is a land trust or other trust; etc.)

(b) Certificate of Good Standing (if a corporation or Llc) or Certificate of Existence (if a miniature partnership) or Certificate of Qualification to Transact company (if Borrower is an entity doing company in a State other than its State of formation)

9. Evidence of Borrower's Authority to Borrow; including

(a) a Borrower's Certificate;

(b) Certified Resolutions

10. Satisfactory Commitment for Title guarnatee (which will typically require, for diagnosis by the Lender, copies of all documents of report appearing on schedule B of the title commitment which are to remain after closing), with required commercial title guarnatee endorsements, often including:

(a) Affirmative Creditors possession Endorsement (extending coverage over policy exclusion 7 and policy exclusions 3(a) and 3(d) as they review to creditor's possession matters)

(b) Alta 3.1 Zoning Endorsement modified to include parking

(d) Location Endorsement (street address)

(e) entrance Endorsement (vehicular entrance to public streets and ways)

(f) Contiguity Endorsement (the insured land comprises a single parcel with no gaps or gores)

(g) Pin Endorsement (insuring that the identified real estate tax permanent index numbers are the only applicable Pin numbers affecting the collateral and that they review solely to the real asset comprising the collateral)

(h) Usury Endorsement (insuring that the loan does not violate any prohibitions against inordinate interest charges)

(i) other title guarnatee endorsements applicable to protect the intended use and value of the collateral, as may be considered upon review of the Commitment for Title guarnatee and inspect or arising from the existence of extra issues pertaining to the transaction or the Borrower.

11. Current Alta inspect (3 sets), [typically ready in accordance with 2005 Minimum approved information for Alta/Acsm Land Title Surveys, certified to the lender, Buyer and the title insurer, along with items 1 through 4, 6, 7(a), 7(b)(1), 8 through 11(a) and 14 from the Surveyor's "Optional inspect Responsibilities and Specifications" referred to as "Table A"].

12. Current Rent Roll

13. Certified copy of all Leases (3 sets)

14. Lessee Estoppel Certificates

15. Lessee Subordination, Non-Disturbance and Attornment Agreements [sometimes referred to plainly as "Sndas"].

16. Ucc, Judgment, Pending Litigation, Bankruptcy and Tax Lien crusade Report

17. Estimate (must comply with Title Xi of Firrea (Financial Institutions Reform, recovery and enforcement Act of 1989, as amended)

18. Environmental Site Estimate report (sometimes referred to as Environmental Phase I and/or Phase 2 Audit Reports)

19. Environmental Indemnity trade (signed by Borrower and guarantors)

20. Site Improvements Inspection Report

21. Evidence of Hazard guarnatee naming Lender as the Mortgagee/Lender Loss Payee; and Liability guarnatee naming Lender as an "additional insured" (sometimes listed as plainly "Acord 27 and Acord 25, respectively)

22. Legal plan of Borrower's Attorney

23. Prestige Underwriting documents, such as signed tax returns, asset operating statements, etc. As may be specified by Lender

24. Compliance trade (sometimes also called an Errors and Omissions Agreement), whereby the Borrower agrees to correct, after closing, errors or omissions in loan documentation.

It is useful to become customary with the Lender's loan documentation requirements as early in the transaction as practical. The requirements will likely be set forth with some information in the lender's Loan Commitment - which is typically much more detailed than most loan commitments issued in residential transactions.

Conducting the Due Diligence Investigation in a commercial real estate transaction can be time interesting and costly in all events.

If the loan requirements cannot be satisfied, it is good to make that estimation during the contractual "due diligence period" - which typically provides for a so-called "free out" - rather than at a later date when the earnest money may be at risk of forfeiture or when other liability for failure to close may attach.

Conclusion

Conducting an sufficient due diligence investigation in a commercial real estate transaction to inspect all material facts and conditions affecting the asset and the transaction is of critical importance.

Unlike owner busy residential real estate, when a house can nearly all the time be busy as the purchaser's home, commercial real estate acquired for company use or for speculation is impacted by numerous factors that may affect its use and value.

The existence of these factors and their affect on a Purchaser's potential to use the asset for its intended use and on the Purchaser's projected speculation yield can only be discovered through diligent investigation and attentiveness to detail.

The circumstances of each transaction will resolve what degree of diligence is required. The level of diligence required under the circumstances is the diligence that is due.

Exercise Due Diligence.

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Panel Discussion on People with Disabilities in the Performing and Visual Arts

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How is Panel Discussion on People with Disabilities in the Performing and Visual Arts

Panel Discussion on People with Disabilities in the Performing and Visual Arts Tube. Duration : 55.52 Mins.

We had a good read. For the benefit of yourself. Be sure to read to the end. I want you to get good knowledge from University Disability Services . Secretary Solis hosted the discussion, with guests including Kathleen Martinez, Assistant Secretary, Office of Disability Employment Policy; Fred Beam, Founder and Executive Director, Invisible Hands, Inc. (IHI); and Robert David Hall, Advocate and Actor, "CSI: Crime Scene Investigation."

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Motor car emergency guarnatee Claim Guide

Washington State Disability Services - Motor car emergency guarnatee Claim Guide The content is good quality and useful content, That is new is that you simply never knew before that I know is that I have discovered. Before the distinctive. It's now near to enter destination Motor car emergency guarnatee Claim Guide. And the content related to Washington State Disability Services.

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This is a Free assurance Claim Guide

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How is Motor car emergency guarnatee Claim Guide

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Your "Motor Vehicle" can be a truck, car, bicycle - - you name it! If it's powered by a motor and has one, two, three, four (or even more) wheels this "Guide" is for you.

The information below is a bare-bones "Guide" for those who have had such a motor vehicle accident. It details the basics of how one should with their property damage and/or personal injury claim.

After Impact Checklist

We heartily recommend you make a copy of this "Impact Checklist" to be kept handy within the confines of your motor vehicle. A "Guide" to refer to so you'll be certain, should an emergency take place, that you've covered everything.

Other than the fact that one must gain from the other operator, both their drivers license and motor vehicle registration information, you should also pace to do the following:

Immediately Make special Note Of: Names and addresses of eye witnesses. And later the investigating police officers name and badge number. Weather Conditions: Snow, rain, fog, mist, sleet, etc. Road Surface: Dry, wet, slippery, icy, etc.Impact Area: City, suburban, business, wooded, etc. Visibility: Sunny, cloudy, dusk, night, moonlight, etc. (Was the sun in the other driver's face)? Traffic Controls: Were there overhead lights? Posted speed limit signs? Stop or warning signs? Hospital or school zone signs? originate A Diagram: Driving area: Flat, crowned, straight, curved, macadam, asphalt, concrete, cobblestone, dirt, etc. Indicate the width of street. Show the location of impact, gouge and/or skid marks. Condition Of Motor vehicle That Struck You: Age and normal ample condition. Is their state inspection emblem displayed and up to date? Were chains or snow tires needed? As Soon As inherent Return To The Scene And Snap Photographs: It's most important to take pictures of: Skid or gouge mark's on the road covering plus the damage to both vehicles. Photos Of Your physical Injuries: It's crucial to the greatest value of your claim to snap a multitude of colored photos (up close and from dissimilar angles) of your physical injuries - - especially all black and blue marks or bruises.

Insights Into Handling Your Claim (There Are Six Areas You Must Be familiar With) 1. Out-Of-Pocket Expenses 2. Lost Time From Work - Lost Wages 3. property Damage Losses 4. What Your medical physician And/Or Chiropractor Reports Should State 5. medical Payments Coverage 6. What To Do If An Adjuster Refuses To Cooperate

You Should Go Into detail with regard to These (Below Listed) Six Areas:

(1) Out-Of-Pocket Expenses:These are expenses that can be measured in definite sums of money. They are the foundation of the calculations used to award damages (including that often great and extra number paid to you for your "Pain and Suffering") with regard to any financial loss flowing directly from the injury you may have sustained.

Medical Expenses: gain all bills and services rendered. (Prior to their being sent out, you have ever right to ask for and read the crucial Final Reports with regard to your physical Condition from your Doctor, Chiropractor, "Medical Specialist" and/or Dentist).Medical Expenses Typically Include: Ambulance ~ emergency Room ~ Hospital or Clinic ~ Laboratory Fees and Services ~ Diagnostic Tests: (X-rays and/or Ct Scan) ~ Registered or Practical Nurse Fees ~ rehabilitation and/or prescribe Medications ~ Prosthetic Appliances or Surgical Apparatus (Canes & crutch, etc.) ~ physical Therapy ~ Ace Bandages, Gauze & Tape ~ Heating Pads ~ Creams, Ointments, Balms & Salves. As you read them make sure these medical Reports comprise the distance of time of your "Total Disability" and/or your "Partial Disability". These are of gigantic value because they explicate the often Huge, extra payment made for your "Pain and Suffering" . (Plus this information will also prove your claim for Lost Wages).

Non-Medical Damage Expenses. These include: Lost Wages and earnings ~ Lost Vacation Time and/or Sick Leave ~ tour Expenses: (Transportation costs incurred getting to and from The physician and/or Hospital, etc.) ~ Household Help during Disability ~ Child Care during Recuperation.

(2) Lost Time From Work - - Lost Wages - - Your "Loss Earning Capacity": The weeks, hours and/or days you were unable to work (thus the money you may have lost) is added up and documented on company letterhead. You're often entitled to payment for "Lost Time and Earnings" even if you have no actual loss of money ! Such as, for example, if your salary is paid by some other assurance coverage you may have or by taking sick leave or some other similar arrangement. It doesn't matter if you're employed full time, part time, self-employed, own your own business, retired, unemployed, or a housewife not employed covering the home, you should keep a written report of all household help and/or child care needed during your disability period.

All of these constitute an element of your "Special Damages" in general "Lost Wages". assurance companies usually don't view your time away from work (because of an injury) as "Lost Time And Earnings" but as "Lost Earning Capacity". In most states one is entitled to payment for lost time and earnings even if they have no loss of money. For example, when your salary is paid for by another assurance coverage you have or by taking sick leave and/or some other similar type of arrangement. There are definite situations to be thought about and called to the forefront when it comes to being employed either full-time or part-time. More detailed information (regarding these above stated area's of your loss) are found in part Four "Damages" within the book Auto emergency Personal Injury assurance Claim.

(3) property Damage Losses: "Agreed Cost To Repair": This outline has been negotiated in the middle of your damage heal person and the assurance adjuster. Be sure you know (and possess a written copy of) exactly what that outline is.Collision: There's usually a deductible. Read your policy. (If you're not at fault you should ultimately be able to get this money back).Property Damage Liability: Protects you for damages you do to the property of another (i.e. His or her trees, lawn, shrubs, mailbox, etc.) Exclusions: These are stated in your policy. A good rule of thumb is, "If it's not excluded, it's covered". Read your policy closely to search for your exclusions and how they apply. Total Loss: A "Total Loss" is when the motor vehicle damage exceeds the value of the vehicle, as stated within all of the up-to-date and "Official" property Damage books and/or documents. Other property Damage Losses: Clothing, jewelry, watches, eye or sunglasses, etc. You can also gain for your (or any other individuals) personal property which happened to be in the car and was damaged. (Be sure to have written proof of the cost of each item damaged plus the date it was purchased). Never forget: You're entitled to be reimbursed for any charges you may have incurred for towing, storage and/or substitute motor vehicle rental, or for that matter - - any other alternate transportation.

The above is a very brief review. For more in-depth information read part Five: property Damage found in Auto emergency Personal Injury assurance Claim.

(4) What Your medical physician And/Or Chiropractor report Should State: Each "Injury estimate Factor" should be clearly stated within each of your final medical Reports. For example: That your disability is solely the result of the accident. If there were any pre-existing conditions aggravated by your injuries? What treatments were administered and for what duration? What medications were prescribed, in what amounts and for how long? What symptoms or medical problems were such medications meant to relieve? Were there any adverse reactions demonstrated? Ask to read them before they're sent to the adjuster so you're sure it explains the nature, plus the extent and frequency of the pain that an injury, such as yours, will likely cause.

Prognosis: This is the clearly stated information (regarding your personal injury progress) and should include: The part played by a pre-existing condition, if any? Their prediction of any inherent future temporary disability/impairments? Does the private attending you anticipate any further or future treatments? distance Of Your "Total" Disability: Why? Because it's so important (when it comes time to settle) this is clearly stated in weeks and days. distance Of Your "Partial" Disability: Again (and for the same reckon as above) this too should be clearly stated in weeks and days. (Specific details, with regard to both "Partial" and "Total" Disability , and the incredible value it provides for you in your claim, are found in part Six: Your physical Injury).

(5) medical Payments Coverage: If you have this coverage in your motor vehicle policy, it will pay (up to the limits stated) for all medical bills arising out of the emergency - - regardless of who's at fault! (You must read your policy thought about because the "Who", "Why" and/or "How" of this often differs).

A Word About Condition assurance Plans: In positive instances, it may be inherent to have your medical bills paid and yet avoid any reimbursement by tapping into your Condition assurance coverage, or some other plan you may have. (Yes, this means, under positive circumstances, you may be able to gain twice for the same medical bills)!

(6) What To Do If The Adjuster Refuses To Cooperate? These Are Your Usual And habit Choices: a. Threaten that you're going to gain the services of a lawyer to rehearse you. B. Go over the adjuster's head. C. Resolve your loss in Small Claims Court. D. Touch the proper population (working through the State agency of Insurance) implementing the time honored principle of "Good Faith" vs. "Bad Faith".

All the information principal for you to deal with and handle the above issues are spelled out within the contents of Auto emergency Personal Injury assurance Claim (How To value And Resolve Your Loss) found on the internet at http://www.autoaccidentclaims.com or http://www.caraccidentclaims.com. This book also contains Base (The Baldyga Auto emergency hamlet Formula). The Base method will tell you exactly how many dollars the "Pain and Suffering" you endured are worth.

Disclaimer: The only purpose of this report is to help population understand the motor vehicle emergency claim process. Dan Baldyga, does not offer a certify of any kind whatsoever, Nor to substitute for a lawyer, an assurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the Individuals Responsibly to gain such services.

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Wednesday, May 30, 2012

Is Adhd Protected Under the Americans with Disabilities Act?

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The riposte to the question is somewhat long and complicated. So we will begin with writing that while someone with Adhd may qualify for protection under the Americans with Disabilities Act, not everyone with the pathology of Adhd will qualify. And that may include you or your child.

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How is Is Adhd Protected Under the Americans with Disabilities Act?

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The Americans with Disabilities Act was established by Congress in 1990. The purpose of the Act is to end discrimination against persons with disabilities when it comes to housing, education, group transportation, recreation, condition services, voting, and entrance to group services. It also aims to provide equal employment opportunities for habitancy with disabilities.

The Ada was written to offer protections to individuals with disabilities, not individuals with any particular diagnosis. The Americans with Disabilities Act seeks to protect individuals with essential impairments in function.

By the way, it is estimated that the habitancy of the United States is over 300 million persons. And it is assessment that about 19% of persons have some type of long-lasting condition or disability. That would be somewhere near 60 million persons. This includes about 3.5% with a sensory disability provocative sight or hearing, about 8% with a condition that limits basic corporal activities such as walking or lifting. It also includes millions of habitancy with mental, emotional, or cognitive impairments.

Since Congress enacted the Ada courts have had some challenges in defining the scope of the Act.
What exactly is a disability? Who would be defined as having a disability? Is having a pathology the same as having a disability?

These are some of the questions that the courts have had to wrestle with, not to mention the questions related to how schools, work places, group communication agencies, and more, are to implement the Act in daily operations with both employees and customers.

So, to the Question: Is attentiveness Deficit Hyperactivity - Adhd - included in the Ada?

The riposte is "Yes, No, or Maybe."

The Ada defines "disability" as a corporal or thinking impairment that substantially limits
one or more "major life activities," such as walking, seeing, hearing, or learning. Having a
diagnosed impairment, such as Adhd, does not necessarily mean that an individual is disabled within the meaning of the Ada.

The Ada does provide for "mental" conditions or thinking illnesses, and potentially Adhd fits in this category. But as with corporal impairments, the pathology of a thinking illness or thinking impairment such as Adhd is not adequate by itself to qualify for protection under Ada. Again, having a "diagnosis" is not the same as having a "disability."

We are not lawyers, and our readers probably are not either, but it is provocative to look at some of the up-to-date court cases regarding the Ada that directly related to children or adults with attentiveness Deficit Hyperactivity Disorder.

These two cases seem to expand the definition of "major life activities" to include attentiveness and cognitive functions:
Brown v. Cox medical Centers (8th Cir. 2002), where reportedly the court stated that the "ability to achieve cognitive functions" is a major life activity; Gagliardo v. Connaught Laboratories, Inc. (3d Cir. 2002), where reportedly the court held that "concentrating and remembering (more generally, cognitive function)" are major life activities.

But the courts have located limitations on the scope of the Act as well, and have not just tried to adapt everyone with Adhd. The court has its limits, and they have ruled that the Ada has its limits.

For example Knapp v. City of Columbus (2006 U.S. App. Lexis 17081) is the story of three firefighters with Adhd who wanted the City to make accommodations for them in their jobs. The U.S. Court of Appeals for the Sixth Circuit declined to enlarge Ada coverage to three firefighters who had attentiveness Deficit Hyperactivity Disorder.

Three firefighters had claimed that Adhd substantially wee their potential to learn, so the City should make accommodations for them. But the court held that the firefighters failed to institute that their Adhd met the standards to qualify as a disability under the Ada.

A very important limitation of Act complicated a ruling from an earlier consummate Court case with Toyota in 2002 which the Sixth Circuit Court used in this case with the firefighters. The Sixth Circuit applied the U.S. consummate Court's test in Toyota Motor Mfg., Kentucky, Inc. V. Williams, 534 U.S. 184 (2002).

Under the Toyota Motor ruling the courts must reconsider whether the someone development the claim is unable to achieve the collection of tasks central to most people's daily lives, not whether the claimant is unable to achieve the tasks related with his or her definite job.

When applying this test, the Sixth Circuit wrote that when a someone who is seeking protection or accommodations under the Ada can fully compensate for an impairment straight through medication, personal practice, or an alteration of behavior, a "disability," as defined by the Disabilities Act, does not exist.

In other words, if a child, teen, or adult with Adhd can "get the task done" or "get the job done" by using medications, applying behavioral management techniques, receiving counseling, using biofeedback, using Attend, or other rehabilitation interventions, then they do not have a disability that is protected under the Ada.

In this court case, all three firefighters testified that taking Ritalin controlled their symptoms, and that they were able to fulfill their family and work obligations. Thus, an Ada disability was not found.

So, it would follow that if you, or your child, could function pretty well at work or in school when taking medication or Attend, or using some other treatment, no disability as defined under the Ada would exist - at least agreeing to the 6th Circuit Court.

Also, it seems that as a follow of this ruling, employers under the Sixth Circuit do not need to make accommodations for employees with Adhd under these conditions:
When the disorder has not been shown to substantially impair their potential to achieve tasks central to daily life; When the Adhd symptoms can be improved by medication or other treatments.

Here is a pretty good list from a major university of the conditions that must be met for Adhd to qualify for coverage and protection under the American with Disabilities Act of 1990:
The Adhd must cause essential impact or limitation in a major life performance or function; The individual must be regarded as having a disability; The individual must have a article of having been viewed as being disabled; The applicant must also be able to achieve the essential job functions with or without accommodations to qualify as an individual with a disability under the meaning of the Act.

To institute that an individual is covered under the Ada, documentation must indicate that a definite disability exists and that the identified disability substantially limits one or more major life activities. Documentation must also reserve the accommodations requested.
The assessment must be conducted by a qualified professional, such as psychologist, neuropsychologist, psychiatrist, or other medical physician who has had uncut training in the differential pathology of Adhd and direct sense with an adult Adhd population. The name, title, and pro credentials of the evaluator should be clearly stated. All reports should be on letterhead, typed, dated, signed and otherwise legible. Documentation must be current. The diagnostic assessment must adequately address the individual's current level of functioning and need for accommodations. In most cases, the assessment must have been completed in the last three years. A school plan, such as an Individualized education Plan (Iep) or 504 Plan, is insufficient documentation for a university, but can be included for consideration as part of a more uncut evaluative report. Documentation essential to substantiate the pathology must be uncut and include: Evidence of early impairment. Historical data must be presented to demonstrate symptoms in childhood which manifested in more than one setting. Evidence of current impairment, which may include presenting attentional symptoms and/or ongoing impulsive/hyperactive behaviors that significantly impair functioning in two or more settings. In addition, the diagnostic interview should include data from, but not wee to, the following sources: developmental history, family history, schoraly history, medical history, and prior psycho-educational test reports. Alternative diagnoses or explanations should be ruled out. The evaluator must research and discuss the possibility of dual diagnoses and alternative or coexisting mood, behavioral, neurological, and/or personality disorders that may confound the pathology of Adhd. Relevant testing data must be provided and all data must reflect a pathology of Adhd and a resultant ample limitation to learning. Documentation must include a definite diagnosis. The pathology must include definite criteria based on the Dsm-Iv, along with evidence of impairment during childhood, presentation of symptoms for at least the past six months, and clear evidence of essential impairment in two or more settings. The diagnostician should use direct language in the pathology of Adhd, avoiding the use of such terms as "suggests," "is indicative of," or "attentional problems." An interpretive overview must be provided that demonstrates that alternative explanations have been ruled out and that explains how the nearnessy of Adhd was determined, the effects of any mitigating measures (such as medication), the ample limitation to studying caused by the Adhd, and the rationale for definite accommodations.

Obviously, dealing with government regulations with their definite definitions can be very frustrating and difficult. It would be important to have realistic expectations in regards to the American with Disabilities Act and Adhd.

We would suggest getting legal guidance from an attorney who specializes in educational law, or has expertise in the Americans with Disabilities Act, to learn more about how the Ada may apply in a definite case to a particular individual with Adhd.

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Welcome to UCI DSC - Lisha Higuchi

University Disability Services - Welcome to UCI DSC - Lisha Higuchi. The content is good quality and helpful content, That is new is that you simply never knew before that I do know is that I actually have discovered. Prior to the distinctive. It is now near to enter destination Welcome to UCI DSC - Lisha Higuchi.

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University Disability Services ! Again, for I know. Ready to share new things that are useful. You and your friends. What I said. It isn't outcome that the real about University Disability Services . You see this article for facts about that want to know is University Disability Services .

How is Welcome to UCI DSC - Lisha Higuchi

Welcome to UCI DSC - Lisha Higuchi Tube. Duration : 1.60 Mins.

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Us Citizenship Options For Elderly Applicants - medical & Exam Waivers

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I oftentimes receive calls from the adult children of Us permanent residents (i.e. Green card holders) who want to know how their parent can become a Us citizen if the parent cannot study for the English history test and / or does not speak English very well. I have created an description for you on the two most tasteless scenarios that I sass weekly in my Us Immigration Law Office of Lena Korial-Yonan, P.A.:

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How is Us Citizenship Options For Elderly Applicants - medical & Exam Waivers

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1. My mom is eligible for Us citizenship because she has had the green card for 5 years, and she does not have uncut travel or any criminal issues. The qoute is that she does not speak or read English and cannot study for the history test. Any solution?

Uscis has exact rules that reveal to an applicant's age and how long they have had the green card that can exempt them from having to take the Us English History test and also exempt them from passing the interview portion of the N-400 as well as the reading and writing exam. Please see the next interrogate for more details on this.

However, here the applicant has had the green card for only 5 years and so the only clarification is to see whether the applicant is eligible for a medical disability waiver. A medical disability waiver is completed by a Us licensed general medical doctor, licensed clinical psychologist or other exact doctor on Uscis form N-648, medical Certification for Disability Exemptions. The form must be completed a exact way and with exact wording / answers before Uscis will approve the medical waiver. The doctor, in order to faultless the medical disability form, must give your parent, the N-400 applicant, a test to decide whether he or she can learn or remember basic things. This test can comprise having to reveal basic information just explained to your parent and may also comprise basic exams having your parent place a circle object with circle object, etc.

Applicants with dementia or Alzheimer's, for example, are eligible to file form N-648, medical Disability Waiver, which states that because of their mental limits, they cannot study for the Us history test. A major limitation for eligibility under form N-648 is that the resulting mental disability cannot be a effect of drug use.

Our immigration law office has successfully completed medical waivers ready by licensed doctors of applicant's own choosing for the mental conditions of dementia, Alzheimer's and schizophrenia. Please note that these cases are being mentioned are examples and in no way certify that your case will have similar results for both the mental conditions listed and for the Uscis district that you will file citizenship with. Please feel an experienced immigration lawyer of your choosing for a detailed determination of your own exact case.

Although our immigration law office does not have any doctor(s) that we propose for completion of Form N-648, we will let you know if a single type of doctor can faultless the form on your behalf. We also reveal the Form N-648 for completeness, as Uscis is strict in the language that they want from the licensed medical doctor in order for the Us citizenship applicant to be approved. If the Form N-648 is beloved by the Us Immigration Officer, then the Us citizenship applicant does not have to take any test in order to have their form N-400 beloved and be sworn-in.

Also, at least in the Uscis district office placed in Jacksonville Fl, we commonly file a copy of the Form N-648 with the N-400 application, and we bring the primary N-648 with us to the N-400 interview. You may of procedure supply the primary N-648 in your preliminary filing if you wish. Just be sure to keep a copy of the form N-648, as it is not uncommon for Uscis to want a few changes to the form N-648 before your case can be approved.

2. My mom is 65 years old and she has resided in the Us as a green card possessor for over 20 years. Does she still have to take the English test, etc.?

No, your mom has to take a modified version of the civics test in her language of choice. She does not have to take the reading or writing test. The N-400 interview, which includes reviewing the details of the N-400 and asking whether your mom has ever been arrested, files Us taxes, etc. Is completed with the help of the translator that your mom brings with her to the N-400 interview. She must bring her own translator with her to the N-400 interview so that the translator can translate the civics questions in your mom's best native language.

The age qualifications that exempt applicants from the English, reading and writing tests are as follows:

· 65 years and has resided in Us as a green card possessor for 20 years or more.
· 55 years old and has resided in the Us as a green card possessor for 15 years or more.
· 50 years old and has resided in the Us as a green card possessor for 20 years or more.

Again, Applicants that meet one of the above categories must only take the civics test in their language of choice.

I hope that the above provides some answers to the questions asked of me weekly in my immigration law office of Lena Korial-Yonan, Pa. By the adult children of elderly parents who have had the green card for 5 years and now want to become Us citizens.

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Voices of the ADA Generation at UB

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How is Voices of the ADA Generation at UB

Voices of the ADA Generation at UB Video Clips. Duration : 33.95 Mins.

We had a good read. For the benefit of yourself. Be sure to read to the end. I want you to get good knowledge from University Disability Services . VOICES of the ADA Student Video Project at UB: Helping UB students understand the experience of their peers with disabilities was the goal of one exciting project from UB Accessibility Resources. Inspired by the national Voices of the ADA project created by Stacey Milburn (president of the National Youth Leadership Network , www.nyln.org ) and Ari Ne'eman, from the Autistic Self Advocacy Network (www.autisticadvocacy.org), UB's Voices of the ADA Generation project began as a student exercise in a UB class on participation, universal design and disability. Coordinated by UB graduate student Angelica Soto, under the supervision of UB's Accessibility Resources' Amy Wlosinski and Susan Mann Dolce, PhD, the video follows five UB students who wrote essays about being students of the ADA generation. The students are asked about their experiences at UB and what inspired their essays. Assisting in the project were Visual Arts student Brielle Greenberg, Martha Greatrix from UB's Teaching and Learning Center, and Social Sciences Interdisciplinary student Caroline Skonecki. UB's "Voices" video was presented at the 2011 Association for Higher Ed and Disability Conference in Seattle, Wash., and at the New York State Disability Services Council 2011 Annual Meeting. The video continues to be used as an educational tool in UB Student Affairs and the Teaching and Learning Center. For more info UB Accessibility Resources 25 Capen Hall 716-645-2608, 716-645-2616 (TTY) Sue Mann Dolce, stu ...

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Large Vs. Small Universities

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Whether you are a senior in high school picking out a college or already an underclassman at a university and finding to transfer, you still want to be aware of the advantages and disadvantages of your size school. I went to a state university that had over 46,000 students, but I've had friends who attend small hidden schools with 5,000 students. I'm going to take the next few paragraphs to list some of the pros and cons. This is all based on my opinions and my personal experiences at a big time university. My estimation of small hidden schools might be off because I have never personally attended one.

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How is Large Vs. Small Universities

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Right off the bat when you think of a big university (Texas, Ohio State, University of Florida) you think sports. One of the major advantages of going to a large university is their athletic programs. If you are a sports fan, then attending a division I football school might factor into your decision. Televised games, pep rallies, homecoming parades, and rivalries are all part of attending a large university. However, you do not have to love sports to go to a D-I school. There are thousands of students at large universities that want nothing to do with sports, and that's ok because there are plentifulness of other things to do.

Large schools also come with large libraries and media centers. There are plentifulness of places to study and plentifulness of computer labs to get your work done while class. I used to go to a computer lab (there were hundreds of computers in there) in between my classes and surf the web or complete my homework from the night before. At a small school there may only be one library and it might be too far out of your way. At a big school, there's a library, study hall, or computer lab on every corner.

Food is someone else benefit of attending a large university. They have any dining halls and not to mention Dunkin' Donuts, Starbucks, Chik-Fil-A, Taco Bell, Pizza hut, and basically every other fast food joint you can think of right in the middle of campus. You can get food anywhere. And the dining halls for real have eatable food. They don't serve Helda's three day old meatloaf and peas. We had freshly baked omelets with bacon and pancakes every morning. I bet you can't get that at Flagler College.

Some other quick advantages of a large university are the social aspects (fraternities and sororities, intramurals, clubs, pupil government, and so on). Most universities have a considerable faculty that know what they are doing. someone else benefit is there is on-campus housing for freshman (and sometimes sophomores). This gives you to occasion to wake up 10 minutes before class starts and walk there in your Pjs.

Some disadvantages of a large school are the stupendous sized classes. It's likely you can have a class with 900 people. No matter what you say or how many questions you ask in class, the professor won't know your name. Many classes are taught by Teacher's Assistants, which means you are not getting as high a potential as you would like. At a large university you are just a whole to some people, and you can get lost in the crowd. Finally, all professors think they are hot shots and care more about their own study than helping students.

Small universities on the other hand have smaller classes. These smaller classes may put more emphasis on learning and hands-on experience. I have never attending a small university but most likely they have more individualized majors. It is not a set curriculum that thousands of habitancy succeed every semester. With smaller classes students are able to get to know their professors better. This is great from when its time to find letters of recommendation. Try getting a letter from a teacher when you were just one of 900 students in the class.

Another pro for attending a small college is the advisors know the students very well. Try finding an consultant at the college of liberal arts at a major university. They see a hundred kids a day and won't ever remember your name or what classes you're taking. Also, there is a greater sense of society at a small school. You aren't just a whole on an Id card, here you are a man with a face and a name.

If you have any more questions about university size, feel free to email me at collegesos@yahoo.com

http://collegesos.blogspot.com/

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Tuesday, May 29, 2012

New York State Certificate of Relief From Disabilities For Convicts

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The normal purpose of obtaining a Certificate of Relief from Disabilities ("Certificate") in New York is for employment purposes. The Certificate restores some of the ownership that automatically forfeited due to a felony conviction - it relives the owner of all enumerated forfeitures, disabilities, or bars to employment that are automatically imposed by law by calculate of the conviction of the crime or offense listed on the certificate. The term forfeiture is referring to the loss of gift rights. The term disabilities and bars to employment are referring to future rights.

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How is New York State Certificate of Relief From Disabilities For Convicts

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An manager or a licensing department must think it evidence that the offender is rehabilitated. This does not mean that you automatically will receive the job, just that you can only be rejected if there is other evidence that you are not qualified. Keep in mind, an manager can refuse employment even if you are otherwise eligible if your former convictions are job-related.The Certificate does not restore the right to hold public office, or erase, or seal the conviction. The governing law is record 23 of the New York State revision Law.

Particular agencies and authorities may still deny an offender's at one time held rights, based upon further investigation. For example, a Certificate does not mean that a pistol permit application by the offender will be approved. A Certificate also does not cancel, or in any other way affect, the automated forfeiture of a felony Dwi offender's operator's license.

Who Is Eligible For A Certificate Of Relief From Disabilities?

One can only apply for a Certificate if you have been convicted of no or one felonies. It does not matter if you have any misdemeanor convictions. The Felony convictions that must be carefully are all New York State, Federal and Out-of-State convictions. Do not count cases in which you were tried as a immature delinquent or immature offender.

If you have been convicted of more then one felonies, you are not eligible for a Certificate of Relief from Disabilities but you may be eligible for a Certificate of Good Conduct.

What'S The inequity in the middle of Temporary And Permanent Certificate Of Relief From Disabilities?

There are temporary, and permanent Certificate of Relief from Disabilities. A temporary certificate is one that is:

1. Issued by the Court to a defendant who is under a revocable sentence as defined under Section 700 of the revision Law and the Courts authority to revoke such sentence has not expired, or

2. Issued by the New York State Board of Parole and the personel is still under supervision.

If the sentence is revocable then the Certificate can be revoked by the Court for violation of the conditions of the sentence, and shall be revoked by the Court if it revokes the sentence and commits the defendants to prison or a jail like Rikers Island. If the personel is on Parole, then the Certificate may be revoked by the Board for any violation of the conditions or parole or release. If a temporary Certificate is to be revoked, it must be on observation to the defendant and permit him or her an opportunity to be heard. If the Certificate is not revoked, then it will automatically come to be a permanent Certificate upon expiration of termination of the court's authority to revoke the sentence or termination of Parole.

What To think Before Applying For A Certificate Of Relief From Disabilities

Anyone considering obtaining a Certificate of Relief from Disabilities, needs to rule a) what kind of license or employment the personel is seeking, and 2) researching any governing statutes to rule any restrictions for individuals with felony convictions, and c) whether the post conviction Certificate of Relief from Disabilities would supply aid in obtaining the position.

Application For A Certificate Of Relief From Disabilities

The application process depends on the sentence you received, and where you were sentenced:

Misdemeanor Conviction & No New York State Prison Sentence

If you have been convicted of a misdemeanor, or a felony but served no time in New York State prison, then you must apply in the Court where you were convicted. One must taste the Clerk of the Court to learn the personel steps required of that definite Court. The sentencing court has the discretion to grant the Certificate of Relief from Disabilities.

Felony Conviction & Served Time in New York State Prison

Your New York Criminal Lawyer must apply to the New York State board of Parole for the Certificate. If you are currently out on Parole, then taste your Parole Officer.

Federal, Out-of-State Conviction for a Misdemeanor or Felony.

One must apply to the New York State Board of Parole to get a Certificate of Relief for that Conviction.

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E-education Council Meeting on October 5th 2011

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E-education Council Meeting on October 5th 2011 Tube. Duration : 88.82 Mins.

We had a good read. For the benefit of yourself. Be sure to read to the end. I want you to get good knowledge from University Disability Services . Agenda: Brief overview of new eEd format and web space — Cole Camplese Brief overview of eLearning Content Management thinking — Cole Camplese Brief overview of the World Campus approach to eLearning Content Management — Andrea Gregg, Eleanor Lehman, Lynne Johnson Brief overview of the College of IST's approach to eLearning Content Management — Amy Garbrick Brief overview of the College of the Liberal Art's approach to eLearning Content Management — Cathy Holsing Brief overview of the College of Earth and Mineral Sciences' approach to eLearning Content Management — Stevie Rocco and Ann Taylor Brief overview of the College of Arts and Architecture's approach to eLearning Content Management and design philosophy — Keith Bailey General thoughts and ideas going forward — Conversation Lead by Keith Bailey

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We had a good read. For the benefit of yourself. Be sure to read to the end. I want you to get good knowledge from University Disability Services . We take a tour of ATech Services in Concord, NH and learn about assistive technology for seating and mobility, communication, computer access, and more. We visit the Refurbished Equipment Marketplace where recycled wheelchairs and other assistive technology is available for purchase at greatly reduced prices.

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The normal rule for filing a Federal Disability resignation application under the Federal Employees resignation system (Fers) or Civil aid resignation system (Csrs), is that a Federal or Postal worker must file the disability resignation application within one (1) year of being "separated from Federal Service." This is statutorily established in 5 U.S.C. 8337(b), where it specifically states that a claim may be received and reviewed by the Office of Personnel supervision "only if the application is filed with the Office before the worker or Member is separated from the aid or within 1 year thereafter," and in 5 C.F.R. ("Code of Federal Regulations") Section 844.201, "an application for disability resignation is timely only if it is filed with the employing agency before the worker or Member separates from service, or with the previous employing agency or Opm within 1 year thereafter." This is the "statutory rule" - as explicitly stated in "the law".

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How is Opm Disability withdrawal Under Fers Or Csrs - The 1 Year Statute of Limitations

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As with all laws, however, there can be exceptions - not only as stated within the statute itself, but further, as modified by a Judge in a Federal Court. This latter "modification" and "interpretation" of a statute is foremost to know, in effect because such "organic interpretations" of the statute are just as much "law" as the statute itself. The statute itself allows for an exception to the "1-year rule" (that a Federal or Postal worker must file a Federal Disability resignation application under Fers or Csrs while in the employment of the Federal Government, or within one (1) year of being separated from Federal Service) - that exception being, that the Office of Personnel supervision may waive the 1-year statute of limitations "if the worker or Member is mentally incompetent on the date of disunion or within 1 year thereafter, in which case the individual or his or her representative must file the application with the previous employing agency or Opm within 1 year after the date the individual regains competency or a court appoints a fiduciary, whichever is earlier." In uncomplicated and practical terms, this means that if a person, within the time needed to file for Federal Disability resignation benefits, is committed to a psychiatric institution, then the 1-year rule does not start until the man regains his or her competency.

There is someone else exception to the 1-year rule, however, and it is this exception which is foremost to know. There are many times when a Federal or Postal worker is never informed of his or her disunion from the Federal Government or the Postal Service. Such individuals often supervene a similar pattern or paradigm: a Federal or Postal worker becomes injured or otherwise is medically unable to perform his or her job. He is found to be eligible for Federal Worker's compensation benefits (Department of Labor, Owcp benefits under Feca), and remains in the Federal aid while receiving Owcp benefits. A couple of years pass. Maybe more than a couple of years pass. The Agency, realizing that the Federal or Postal worker will not be returning, "separates" the individual from the aid of the Federal Government or the Postal Service.

The qoute occurs, however - and this qoute occurs way too often - when the Federal or Postal worker is never informed of the separation. Why does this occur? Mostly, because those on the Owcp rolls, after a time, get forgotten. Concurrently, because the Federal agency or the Postal aid needs to fill the "job slot" with a working individual, they naturally activate a standard Form 50 and detach the individual from Federal Service.

Indeed, this is in effect what happened in the case of Johnston v. Opm, 413 F.3d 1339 (U.S. Court of Appeals for the Federal Circuit, 2005), in which the Court granted a supplementary exception to the 1-year rule, declaring that the "one-year time duration set in 5 U.S.C. Section 8337(b) arises with the agency's announcement to the worker that he has been done for medical reasons." Furthermore, the Court in Johnston cited 5 C.F.R. Section 831.1205(b)(1), in which it states that when an agency "issues a decision to take off an employee...but the extraction is based on reasons apparently caused by a medical condition, the agency must advise the worker in writing of his or her potential eligibility for disability retirement." Emphasis is added to the word "apparently", because a Federal agency (and the Postal Service) will often fail to explicitly state that a man is being removed for a medical condition, even though all of the facts and circumstances surrounding a Federal or Postal employee's extraction clearly and irrefutably produce such a basis.

Where does all of this leave us? I receive numerous telephone calls by individuals who have been on the rolls of the Office of Worker's Compensation, who never filed for Federal Disability resignation benefits under Fers or Csrs. Further, they were never informed of being separated from Federal Service. Such previous Federal or Postal employees begin to request about filing for Federal Disability resignation benefits because he or she is getting indications that Owcp benefits will soon be terminated. Such imminent action upon Owcp benefits will often prompt the previous Federal or Postal worker to make some inquiries - and such inquiries often supervene in the discovery that he or she was separated from Federal aid some years before.

Is it too late to file for Federal Disability resignation benefits under Fers or Csrs? It all depends upon the single and unique facts and circumstances of each case. Whether a viable seminar can be made in any single case that a waiver of the "1-year rule" should be allowed, depends upon such unique facts and circumstances. Of course, it is the good alternative to not have to make such an argument, and to instead timely file for Federal Disability resignation benefits within 1 year of being separated from Federal Service, or while still with the agency. For all Federal and Postal employees, a cautious word to the wise: stay on top of your own case; make sure and meet the deadlines; file for your benefits under Fers & Csrs in a timely manner. If, however, you believe that you were never informed of being separated from Federal Service, but you are entitled to Federal Disability resignation benefits, you should look into it. It may not be too late.

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