Disability Determination Clause Samples
The Disability Determination clause defines the process and criteria for establishing whether an individual is considered disabled under the terms of an agreement or policy. Typically, this clause outlines the standards used to assess disability, such as requiring certification from a qualified medical professional or referencing specific definitions of disability. It may also specify the documentation needed and the party responsible for making the final determination. The core function of this clause is to provide a clear and objective method for confirming disability status, thereby ensuring fairness and reducing disputes regarding eligibility for benefits or accommodations.
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Disability Determination. An Employee shall be deemed to be permanently and totally disabled only if a determination has been made by the Social Security Administration of Medical Disability in connection with Old Age and Survivors Insurance Coverage, or by any other medical board as approved by the Board of Trustees, organized for the purpose of passing upon a total and permanent disability in connection with other pension benefits.
Disability Determination. After your Trust is accepted by the Center, it will need to be approved by the Department of Social Services (DSS). It is the sole responsibility of the Beneficiary or the Beneficiary’s agent to notify and provide a copy of the Trust to DSS.
4.1 As part of the Trust approval process, DSS will also require proof of the Beneficiary’s disability. If the Social Security Administration (SSA) has already awarded either Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) to the Beneficiary, then the SSA Award Letter should be sufficient to prove disability.
4.2 If the Beneficiary does not have an Award Letter from the SSA for either SSDI or SSI benefits, it will be necessary to use forms DSS-486T and DSS-1151 and ask DSS for a disability determination.
Disability Determination. Executive shall be deemed to have become disabled ("Disability") for purposes of this Agreement, if Company shall find on the basis of medical evidence satisfactory to it that Executive is so totally mentally or physically disabled as to be unable to engage in further employment by Company and that such disability shall be determined to be such that it will cause, or actually does cause or has caused, Executive to be absent from work for a period, or aggregate of periods, in excess of three months in any one twelve month period.
Disability Determination. Activities necessary for establishing whether an individual is eligible for Social Security disability payments by federal or state agencies where access to medical records is authorized by the patient for this purpose.
Disability Determination. In the event that a disability determination is required for Medicaid purposes, please be advised that administrative fees shall be incurred while the determination of disability is being made.
Disability Determination. The determination of temporary total, or partial disability shall be made by the City’s appointed medical examiner. In the event of a dispute, the finding, and order of the Worker’s Compensation Appeals Board (WCAB) regarding an application filed in connection with the injury or illness, claimed to have arisen out of or in the course of employment shall be binding upon both the City and the police officer with respect to: (I) disability;
Disability Determination. The Employer may deliver a Termination Notice and terminate the Executive's employment if the Executive is determined to be "disabled," which term shall mean the Executive's inability, as a result of physical or mental incapacity, substantially to perform his duties hereunder for a period of either six (6) consecutive months, or one hundred and twenty (120) business days within a consecutive twelve (12) month period. In the event of a dispute regarding the Executive's "disability," such dispute shall be resolved through arbitration as provided in subparagraph (d) of Section 9 hereof, except that the arbitrator appointed by the American Arbitration Association shall be a duly licensed medical doctor. The Executive shall be entitled to the compensation and benefits provided under this Agreement during any period of incapacitation occurring during the term of this Agreement prior to the establishment of Executive's "disability" and subsequent termination of his employment. Upon the Executive's termination of employment under this Section 3(g), the Employer shall only be obligated to pay the Executive: (i) such Base Salary as shall have accrued through the effective date of termination; plus (ii) one-twenty-fourth (1/24) of the average of the two (2) most recent annual performance bonuses that the Executive received from the Employer, multiplied by the number of full calendar months the Executive was employed during the then-current fiscal year of the Employer, and the Employer shall not have any further obligations to the Executive (other than payment of amounts remaining unpaid pursuant to declared performance bonuses for prior fiscal years and reimbursement of approved expenses).
Disability Determination. In the event that a determination of disability is required for Medicaid purposes, please be advised that administrative fees shall be incurred while the determination of disability is being made. The Donor acknowledges that contributions to the SLC Supplemental Needs Trust are not tax deductible as charitable gifts, or otherwise. Sub-trust account income may be taxable to the Beneficiary.
Disability Determination. The Employer may deliver a Termination Notice, except that the subject thereof shall be the Executive's "disability," and terminate the Executive's employment if the Executive is determined to be "disabled," which term shall mean the Executive's inability, as a result of physical or mental incapacity, substantially to perform his duties hereunder for a period of either six (6) consecutive months, or one hundred and twenty (120) business days within a consecutive twelve (12) month period. In the event of a dispute regarding the Executive's "disability," such dispute shall be resolved through
Disability Determination. For the purposes of this Agreement, a "Disability Determination" shall mean a good faith finding by the Board that the Executive, because of a medically determinable disease, injury, or other mental or physical disability, is unable to perform substantially all of his regular duties to the Company and that such disability is determined or reasonably expected to last at least twelve (12) months.