Proc potentially curative? Hard
These proc? Procedures are made? Es with "curative intent". Their aim is the? LIMINATION of all serious diseases, with the knowledge that microscopic disease will probably remain. Adjuvant (another form of treatment in addition to th? Primary therapy) is g? N? Generally destiny? ? ? LIMINATE disease r? siduelle.
For Pleural Mesothelioma:
* Pleurectomy / d? Corticage is g? N? Generally performed? Th of patients with disease stage pr? Coce (stage I and some stage II), and attempts to remove all gross tumor. If it is found? that all the tumor can not? be removed? without removing the lungs, this May? be done in m? me time and is called? e pneumonectomy.
* Extrapleural pneumonectomy is much more radical than other surgical approaches, and should? Be performed? E by m? Doctors with extensive expertise in the? Valuation of patients and the r? Alisation of the proc? Last elle-m? me. (See the conclusion of sp? Specialists.) Because in the past, only surgery has no effect of a replacement? Of, or m? Me to help? prolong life for a long p? period of time, it is currently involved? e? the chemotherapeutic? traditional therapy and / or Radiother? therapy or other novel approaches such as th? therapy g? nique, the Immunother? therapy or th? photodynamic therapy.
G? N? Ral of crit? Res s? Lection of patients for extrapleural pneumonectomy
Extrapleural pneumonectomy is a serious op? Ration and m? Sicians exp? Rhyme? S in this proc? Hard to choose with care for their patients. It is? each m? doctor inform the patient on his faisabilit? and proc? der? tests that he / she is n? necessary to optimize the patient \ 's chances of survival and r? cup? ration. Here is a list g? N? Rale de crit? Res s? Lection of patients. May not this list? Be exhaustive, and May vary depending on the previous f? Ence of the surgeon.
o Karnofsky Performance Status score> 70. This note relates? what symptoms? of my patient's illness-May? tre and the mani? re they are capable of conducting their activities? s daily. Some surgeons May need a performance status more? Lev? than others.
o ad? quat r? nales (kidney) and the function h? patique, no kidney or liver disease.
o normal cardiac function by? and lectrocardiogramme? chocardiographie.
o ad? quate pulmonary function? tol? ing surgery.
o limit disease? e? the hemithorax ipsilat? ral (m? c me? t? the chest in which is located m? Soth? liom) without p? n? tration of the membrane? extending from the heart or the active participation of the chest wall.
o The Seat of the patient is taken into consideration? ration, but not in May? be as important as theirs? tat g? n? ral.
Surgeries of this nature must always? Be done with a compr? Standing totally loss of possible benefits and risks. If you are considering surgery as a treatment option, speak openly with your m? Doctor of your previous occupations, and make sure all your questions will be r? Response? your satisfaction
Tuesday, February 17, 2009
SURGERY & Diagnostics
As indicated? pr c? course in the r? pertoire "symptoms? my \" section of this site, a diagnosis of m? Soth? liom fluid is much more conclusive. Given this fact, diagnostic surgery becomes a next? Tape n? Necessary to confirm the rer? And do m? Soth? Liom.
Thoracoscopy allows the m? Doctor of? Evaluate the cavity? pleural and proc? der? multiple biopsies under direct vision. In up? 98% of cases, a diagnosis of? Final can? Be obtained. Often, chemicals for? pleurodesis relieve the accumulation of fluid in the intrapleural space, can? be accomplished during the m? me proc? hard. It is? Also possible to measure the? Tense of the tumor, and make one message termination of surgical resectability. Although less invasive than a biopsy, it can not? Be performed? E on patients when the tumor has not deleted? pleural space.
VATS, or the vid? O-thoracic surgery assist? E is an alternative? thoracoscopy, more because of its characters re-invasive, the previous occupations of the tumor seeding increase. Using small incisions, m? Doctor can see the space of pl? Continue, with the help of a cam? Ra, and get enough of? Chantillon tissue for analysis by a pathologist. ? tense of the tumor (that is? ie, pleural involvement, invasion of chest wall) May also d? termin? e, and the recommendation on the type of proc? hard n? debulking is necessary? be done at this time.
Mediastinoscopy is sometimes being used as an e help in organizing the? Tense of the disease when the nodes are regarded? R? S? Wide using imaging techniques.
Laproscopy is used? in patients with m? Soth? liom in the event? imaging techniques suggest? rent possible invasion of the tumor by the interm? middle of the diaphragm. This information can? Be important in the? Valuation of a patient for one? Ventuel pleurectomy or extrapleural pneumonectomy.
Proc? Hard palliative
Palliative the proc? Surgical procedures are those that treat the symptoms? Me a m? Soth? Liom, aggressive, without treating the disease it-m? Me.
Chest tube drainage and Pleurodesis is considered? R? the most common of palliative treatments. Liquid, or one? Panche pleural, is most often the first symptoms? Me, inviting patients? m? Soth? liom m? doctor. Once this effusion has occurred, it is many times persistent, returning rapidly apr? S la premi? Re thoracentesis (draining of fluid). In order '? LIMINATE this problem, the pleural space is? Be ferm?. This is accomplished by using a slurry of talc or other agent scl? Rosant which produces a adh? Difference.
Thoracoscopy and Pleurodesis is done in conjunction with VATS using a talcum powder versus talc slurry. Both the tube and drainage? chest and pleurodesis can be effective only if there was no lung tumor circle which limits its expansion.
Shunt plays a Pleuroperitoneal? The limit? in palliative care for several reasons. This is placement of a cath? Ter under the skin of the pl? Vre? cavity? p? riton? ale. Obstruction cath? And b,? Ventuellement, seeding of tumor in the cavity? May abdominal previous occupations.
Pleurectomy, being used as a palliative s proc? Hard in May? Be performed? Th largest op? Ration is not an option. In these cases, it is understood that all visible or gross tumor will not be deleted?. It is considered? R? as the most effective against? the de l '? pleural panche in cases o? lung de l \ 'expansion is limited? e by the disease.
Thoracoscopy allows the m? Doctor of? Evaluate the cavity? pleural and proc? der? multiple biopsies under direct vision. In up? 98% of cases, a diagnosis of? Final can? Be obtained. Often, chemicals for? pleurodesis relieve the accumulation of fluid in the intrapleural space, can? be accomplished during the m? me proc? hard. It is? Also possible to measure the? Tense of the tumor, and make one message termination of surgical resectability. Although less invasive than a biopsy, it can not? Be performed? E on patients when the tumor has not deleted? pleural space.
VATS, or the vid? O-thoracic surgery assist? E is an alternative? thoracoscopy, more because of its characters re-invasive, the previous occupations of the tumor seeding increase. Using small incisions, m? Doctor can see the space of pl? Continue, with the help of a cam? Ra, and get enough of? Chantillon tissue for analysis by a pathologist. ? tense of the tumor (that is? ie, pleural involvement, invasion of chest wall) May also d? termin? e, and the recommendation on the type of proc? hard n? debulking is necessary? be done at this time.
Mediastinoscopy is sometimes being used as an e help in organizing the? Tense of the disease when the nodes are regarded? R? S? Wide using imaging techniques.
Laproscopy is used? in patients with m? Soth? liom in the event? imaging techniques suggest? rent possible invasion of the tumor by the interm? middle of the diaphragm. This information can? Be important in the? Valuation of a patient for one? Ventuel pleurectomy or extrapleural pneumonectomy.
Proc? Hard palliative
Palliative the proc? Surgical procedures are those that treat the symptoms? Me a m? Soth? Liom, aggressive, without treating the disease it-m? Me.
Chest tube drainage and Pleurodesis is considered? R? the most common of palliative treatments. Liquid, or one? Panche pleural, is most often the first symptoms? Me, inviting patients? m? Soth? liom m? doctor. Once this effusion has occurred, it is many times persistent, returning rapidly apr? S la premi? Re thoracentesis (draining of fluid). In order '? LIMINATE this problem, the pleural space is? Be ferm?. This is accomplished by using a slurry of talc or other agent scl? Rosant which produces a adh? Difference.
Thoracoscopy and Pleurodesis is done in conjunction with VATS using a talcum powder versus talc slurry. Both the tube and drainage? chest and pleurodesis can be effective only if there was no lung tumor circle which limits its expansion.
Shunt plays a Pleuroperitoneal? The limit? in palliative care for several reasons. This is placement of a cath? Ter under the skin of the pl? Vre? cavity? p? riton? ale. Obstruction cath? And b,? Ventuellement, seeding of tumor in the cavity? May abdominal previous occupations.
Pleurectomy, being used as a palliative s proc? Hard in May? Be performed? Th largest op? Ration is not an option. In these cases, it is understood that all visible or gross tumor will not be deleted?. It is considered? R? as the most effective against? the de l '? pleural panche in cases o? lung de l \ 'expansion is limited? e by the disease.
MESOMARK BLOOD TEST
In January 2007, the Food and Drug Administration (FDA) approved? the MESOMARK assay for monitoring r? response to treatment in the cells? pith? CNPF phasic and bi-m? Soth? liom malignant patients. A prot? Ine sp? Cific, or biomarkers, appeal? Soluble Mesothelin-Related Peptide (SMRP), May? Lib tre? R? in the blood by the cells of m? Soth? liom, cancer. By measuring the quantity? of SMRP in a? Chantillon blood, m? May sicians? be able to better monitor a patient \ 's progress. Based on the quantity? limit? e data? are currently available, the use of this test in May? tre b? n? fique but effective? did not? t? d? termin? yet. MESOMARK blood test has not yet? T? approved? for diagnosis pr? coce m? Soth? liom.
This test? T? approved? as a Humanitarian Use Device (HUD), which means that the m? doctors must follow certain trial procedures to b? n? benefit of their patients for testing. Once the m? Doctor is certified?, Information leaflets will be sent? Es? ? be distributed? s? each patient.
Those who wish to take part?
MESOMARK test will be invited? S? provide one or several? Chantillon blood. The? Chantillon blood will then be sent? ? a National Laboratory of r-f? rence for testing. In collaboration with other data? Es clinical and laboratory obtained by your m? Doctor, the d? Decisions about your treatment and care in May? Be simplified? E. May you stop testing? any time.
Co? Ts associ? S? the blood test in May MESOMARK not? be covered by health insurance, for construction? Therefore, May you? be required to pay the total? or part of the co? ts of their pocket. It is recommended v? verify aupr? s your insurer to d? whether coverage was available under your policy.
This test? T? approved? as a Humanitarian Use Device (HUD), which means that the m? doctors must follow certain trial procedures to b? n? benefit of their patients for testing. Once the m? Doctor is certified?, Information leaflets will be sent? Es? ? be distributed? s? each patient.
Those who wish to take part?
MESOMARK test will be invited? S? provide one or several? Chantillon blood. The? Chantillon blood will then be sent? ? a National Laboratory of r-f? rence for testing. In collaboration with other data? Es clinical and laboratory obtained by your m? Doctor, the d? Decisions about your treatment and care in May? Be simplified? E. May you stop testing? any time.
Co? Ts associ? S? the blood test in May MESOMARK not? be covered by health insurance, for construction? Therefore, May you? be required to pay the total? or part of the co? ts of their pocket. It is recommended v? verify aupr? s your insurer to d? whether coverage was available under your policy.
TRADITIONAL CARE
there are three cat? traditional categories of treatment for patients with m? Soth? liom malignant:
* Surgery (taking cancer)
* The chemotherapeutic? Therapy (use of m? Medicines to fight against cancer)
* Radiation Therapy (? High dose of X-rays or other high-rays? Nergie cells to kill cancer? Reuses)
Often, two or more of these combined? S are being processed. (NEW! Click here for the last? Re? Show trimodal lung d '? Savings for the treatment of m? Soth? Liom pleural: The Protocol of Columbia).
* Surgery (taking cancer)
* The chemotherapeutic? Therapy (use of m? Medicines to fight against cancer)
* Radiation Therapy (? High dose of X-rays or other high-rays? Nergie cells to kill cancer? Reuses)
Often, two or more of these combined? S are being processed. (NEW! Click here for the last? Re? Show trimodal lung d '? Savings for the treatment of m? Soth? Liom pleural: The Protocol of Columbia).
Mesothelioma is a form of cancer
M? Soth? Liom is a form of cancer that is almost always caused? E by exposure ant? Rieure? asbestos. In this disease, malignant cells se d? Develop in the m? Soth? Lium, a rev? Ment protection which covers most of the body \ 's internal organs. The most common is the beach? Vre (rev? Conduct ext? Inside the Internal Market for the lungs and chest wall), but in May? Also occur in the p? Ritoine (the lining of the cavity? Lap) the heart [1], p? Ricarde (a sac that surrounds the heart) or tunica vaginalis.
Most people who d? Veloppent m? Soth? Liom worked? o on jobs? they inhaled asbestos particles, or they have? t? expos? s? the dust? re asbestos fibers and other fa? ons. Washing v? Behavior of a family member who worked? with asbestos can also put a person? risk of d? develop m? Soth? liom. [2]? the diff? rence of lung cancer, there is no association between the m? Soth? liom and smoking [3]. Compensation funds or proc? S is an asbestos? L? Important m? Soth? Liom in question (see asbestos and the law).
Symptoms? My m? Soth? Liom, including shortness of breath d? ? a? panche pleural (pr? sence fluid between the lung and the chest wall) or chest wall pain and symptoms? my g? n? acts such as weight loss. The diagnosis is suspect? May with chest X-ray and tomodensitom? industry, and is confirmed? by biopsy (? Chantillon tissue) and microscopic examination. A thoracoscopy (inserting a tube with a cam? Ra in the chest) can? Be used? S to take biopsies. It allows the introduction of substances such as talc to clear the pleural space (call? Pleurodesis), which emp? Che accumulation of more fluid and pressing the lung. Despite? treatment with chemotherapeutic? therapy, Radiother the? therapy or surgery, sometimes the disease has a poor prognosis. Research on the tests of? Tracking for d? Protection pr? Coce m? Soth? Liom is underway.
Most people who d? Veloppent m? Soth? Liom worked? o on jobs? they inhaled asbestos particles, or they have? t? expos? s? the dust? re asbestos fibers and other fa? ons. Washing v? Behavior of a family member who worked? with asbestos can also put a person? risk of d? develop m? Soth? liom. [2]? the diff? rence of lung cancer, there is no association between the m? Soth? liom and smoking [3]. Compensation funds or proc? S is an asbestos? L? Important m? Soth? Liom in question (see asbestos and the law).
Symptoms? My m? Soth? Liom, including shortness of breath d? ? a? panche pleural (pr? sence fluid between the lung and the chest wall) or chest wall pain and symptoms? my g? n? acts such as weight loss. The diagnosis is suspect? May with chest X-ray and tomodensitom? industry, and is confirmed? by biopsy (? Chantillon tissue) and microscopic examination. A thoracoscopy (inserting a tube with a cam? Ra in the chest) can? Be used? S to take biopsies. It allows the introduction of substances such as talc to clear the pleural space (call? Pleurodesis), which emp? Che accumulation of more fluid and pressing the lung. Despite? treatment with chemotherapeutic? therapy, Radiother the? therapy or surgery, sometimes the disease has a poor prognosis. Research on the tests of? Tracking for d? Protection pr? Coce m? Soth? Liom is underway.
Signs and symptoms
Symptoms? My m? Soth? Liom May not appear? Be up? 20? After 50 years? S exposure? asbestos. The shortness of breath, coughing and chest pain due? an accumulation of fluid in the space of pl? vre are often symptoms? my m? Soth? pleural liom.
Symptoms? My m? Soth? Liom p? Riton? Al include weight loss and cachexia, swelling and abdominal pain due? ascites (accumulation of fluid in the cavity? lap). Other symptoms? My m? Soth? Liom p? Riton? Al May include bowel obstruction, abnormal blood clotting, the year? Economy and fi? Vre. If the cancer has spread? beyond? de la m? Soth? lium? other parts of the body, symptoms? my May include pain, difficult? ? swallowing, or swelling of the neck or face.
These symptoms? May I? Be caused? a m? Soth? liom, or by other, less serious.
M? Soth? Liom the pl? Vre that button can cause these symptoms? My:
chest wall pain
? panche pleural effusion, or fluid surrounding the lung
breathlessness
fatigue or the year? mie
wheezing, hoarseness, or cough
blood in the sputum (fluid) spit (h? moptysie)
In severe cases, the person May have many tumor masses. The individual d May? Develop a pneumothorax, or collapsed lung. Disease m? Tastatique May, or the spread? other parts of the body.
Tumors that affect the cavity? abdomen, often do not cause symptoms? my up? what they are? a late stage. Symptoms? My include:
abdominal pain
ascites, or an abnormal accumulation of fluid in the abdomen
a mass in the abdomen
problem with my bowel function
weight loss
In severe cases of the disease, signs and symptoms? My next May? Tre pr? Present:
blood clots in the veins, causing May thrombophl? bite
intravascular coagulation diss? min? e, a disease causing h? morragie s? v? re in many body organs
ict? re, or yellowing of the eyes and skin
low blood sugar
? panche pleural
pulmonary emboli, or blood clots in the art? res lung
s ascites? v? re
Symptoms? My m? Soth? Liom p? Riton? Al include weight loss and cachexia, swelling and abdominal pain due? ascites (accumulation of fluid in the cavity? lap). Other symptoms? My m? Soth? Liom p? Riton? Al May include bowel obstruction, abnormal blood clotting, the year? Economy and fi? Vre. If the cancer has spread? beyond? de la m? Soth? lium? other parts of the body, symptoms? my May include pain, difficult? ? swallowing, or swelling of the neck or face.
These symptoms? May I? Be caused? a m? Soth? liom, or by other, less serious.
M? Soth? Liom the pl? Vre that button can cause these symptoms? My:
chest wall pain
? panche pleural effusion, or fluid surrounding the lung
breathlessness
fatigue or the year? mie
wheezing, hoarseness, or cough
blood in the sputum (fluid) spit (h? moptysie)
In severe cases, the person May have many tumor masses. The individual d May? Develop a pneumothorax, or collapsed lung. Disease m? Tastatique May, or the spread? other parts of the body.
Tumors that affect the cavity? abdomen, often do not cause symptoms? my up? what they are? a late stage. Symptoms? My include:
abdominal pain
ascites, or an abnormal accumulation of fluid in the abdomen
a mass in the abdomen
problem with my bowel function
weight loss
In severe cases of the disease, signs and symptoms? My next May? Tre pr? Present:
blood clots in the veins, causing May thrombophl? bite
intravascular coagulation diss? min? e, a disease causing h? morragie s? v? re in many body organs
ict? re, or yellowing of the eyes and skin
low blood sugar
? panche pleural
pulmonary emboli, or blood clots in the art? res lung
s ascites? v? re
CT scan of a patient with mesothelioma
Scan of a patient with m? Soth? Liom, coronal section (the section of the aircraft follows the divides the body forward and a half). M? Soth? Liom is indicated? by fl? che yellow, the center of the? panche pleural effusion (fluid collection) is marked? an e? yellow canvas. Red dig? Ros: (1) right lung, (2) column green? Brali (3)? left lung (4), c? tes, (5) descending part of the aorta (6), spleen (7) left kidney, (8) right kidney (9), the liver.
The diagnosis of m? Soth? Liom is often difficult because symptoms? I are similar.
The diagnosis of m? Soth? Liom is often difficult because symptoms? I are similar.
Diagnosing mesothelioma
The diagnosis of m? Soth? Liom is often difficult because symptoms? My are similar? those of a number of other conditions. The diagnosis begins with a review of the patient \ 'm history? Union. A history of exposure? Asbestos May increase clinical suspicion for m? Soth? liom. A physical examination is r? Alis? E, followed by chest X-ray and often lung function tests. R X-rays? V? May slow? Grazed pleural common? Ment observ? E apr? S exposure? asbestos and the increasing suspicion of m? Soth? liom. A CT (or CAT) scan or MRI is g? N? Generally performed? E. If a large quantity? of liquid is pr? sent, the abnormal cells in May? tre d? tect? by cytology if this fluid is aspirated? with a syringe. For pleural fluid this is r? Alis? by a pleural drain or chest, in the ascites or a paracent? is ascitic drain and in a? panche p? ricard with pericardiocentesis. Although the absence of malignant cells? cytology does not completely exclude the m? Soth? liom, it makes it much more unlikely, especially if another diagnosis can? be made (eg tuberculosis, heart failure).
If cytology is positive or a plaque is regarded? R? as suspected, a biopsy is n? necessary to confirm a diagnosis of m? Soth? liom. M? Doctor removes one? Chantillon of tissue for examination under a microscope by a pathologist. A biopsy in May? Tre r? Alis? diff? rentes fa? ons, depending on location o? is abnormal. If the cancer is in the chest, m? May doctor perform a thoracoscopy. In this trial lasts, m? Doctor makes a small cut? through the chest wall and puts a thin tube? clear? appeal? thoracoscopy in the chest between two c? tes. Thoracoscopy allows the m? Doctor to examine the Internal inside the chest and obtain? Chantillon tissues.
If the cancer is in the abdomen, m? May doctor perform a laparoscopy. To obtain tissue for examination, the m? Doctor makes a small incision in the abdomen and ins? Re an instrument in the cavity? abdominale. If these proc? Procedures do not produce enough tissue, more extensive diagnostic surgery in May is n? Necessary.
Immunohistochemistry r? Typical results
Positive N? Ative
EMA (epithelial membrane antigen) CEA (Antig? Not carcinoembryonic)
WT1 (Wilms \ 'tumor 1) B72.3
Calretinin MOC-3 1
Mesothelin-1 CD15
Cytok? Ratin 5 / 6 Ber-EP4
HBME-1
(cells m? Soth? CNPF 1) TTF-1 (thyroid transcription factor-1)
If cytology is positive or a plaque is regarded? R? as suspected, a biopsy is n? necessary to confirm a diagnosis of m? Soth? liom. M? Doctor removes one? Chantillon of tissue for examination under a microscope by a pathologist. A biopsy in May? Tre r? Alis? diff? rentes fa? ons, depending on location o? is abnormal. If the cancer is in the chest, m? May doctor perform a thoracoscopy. In this trial lasts, m? Doctor makes a small cut? through the chest wall and puts a thin tube? clear? appeal? thoracoscopy in the chest between two c? tes. Thoracoscopy allows the m? Doctor to examine the Internal inside the chest and obtain? Chantillon tissues.
If the cancer is in the abdomen, m? May doctor perform a laparoscopy. To obtain tissue for examination, the m? Doctor makes a small incision in the abdomen and ins? Re an instrument in the cavity? abdominale. If these proc? Procedures do not produce enough tissue, more extensive diagnostic surgery in May is n? Necessary.
Immunohistochemistry r? Typical results
Positive N? Ative
EMA (epithelial membrane antigen) CEA (Antig? Not carcinoembryonic)
WT1 (Wilms \ 'tumor 1) B72.3
Calretinin MOC-3 1
Mesothelin-1 CD15
Cytok? Ratin 5 / 6 Ber-EP4
HBME-1
(cells m? Soth? CNPF 1) TTF-1 (thyroid transcription factor-1)
Screening and Staging
There is no protocol for the d? Tracking who? T? expos? s? asbestos. Tests of d? Tracking more t? T can? Diagnosis tre m? Soth? Liom that m? Conventional methods and am? Improve the survival of patients. The level of the ost? Opontine s? Could rique? Be useful in the d? Tracking people expos? Es? asbestos m? Soth? liom. The level of soluble mesothelin-prot? Ine is? Lev? E in the s? Rum about 75% of patients at diagnosis, and he? T? sugg? r? May he? be useful for the d? tracking [4]. M? Doctors have begun? ? Mesomark test the test that measures levels of soluble mesothelin li? s? of prot? ines (SMRP) lib? r? s per cell m? Soth? liom patients [5].
Staging
M? Soth? Liom is d? Criteria as Localis? E if the cancer is found only on the membrane surface o? it originates. It is class? advance? if it has spread? e beyond? the membrane surface? other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.
Staging
M? Soth? Liom is d? Criteria as Localis? E if the cancer is found only on the membrane surface o? it originates. It is class? advance? if it has spread? e beyond? the membrane surface? other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.
Environmental exposures,Treatment,surgery and Radiation
The impact of m? Soth? Liom a? T? found? ? ? be more? lev? s in populations living near? s natural asbestos. For example, in Cappadocia, Turkey, a? Pid? Economy without pr c? Tooth m? Soth? Liom caus? 50% of all d c? S in three small villages. Initially, they? T? award? es? ? rionite, however, r? recently he? t? d? montr? that? rionite causes m? Soth? liom in most families with a previous provision G? n? tion [11].
Treatment
Treatment of m? Soth? Liom malignant using th? Rapies not conventional data? good r? results and patients have a disk? em? diane Survival of 6 - 12 months after? s pr? sentation [citation n? needed]. The clinical behavior of the malignancy is affected? E by several factors, including the m? Soth? CNPF surface of the cavity? which promotes local pleural via exfoliates? em? tastase cells, underlying tissues? invasion and other organs? l'int? inside the cavity? pleural, and tr-s p long? latency period between exposure? asbestos and d? development of the disease.
Surgery
Surgery, either by him-m? Me or used? in combination with previous-and post-op? laboratories adjuvants, has r? v? l? ed? cevante. A pleurectomy / d? Corticage is the most common surgery, in which the chest wall is removed? E. Less common is an extrapleural pneumonectomy (EPP), including the lung, the lining? l'int? inside the chest, h? diaphragm mid-and p? Ricarde are removed? s.
Radiation
Wikibooks has a book on the subject of
Radiation Oncology / Lung / Mesothelioma
For patients with local disease? E, which can tol? Ing radical surgery, the Radiother? Therapy is often post-op? Ratoire as consolidation treatment. The semi-thorax is treated? With e Radiother? Therapy, often in m? Me time as the chemotherapeutic? Therapy. This approach of using surgery followed by a Radiother? Therapy? the chemotherapeutic? a therapy? t? lanc? 's? thoracic oncology team? Brigham & Women \ \ \ 's Hospital in Boston. [12] Delivering radiation and chemotherapeutic? After therapy? S radical surgery has led? the extension of the ESP? expectancy of patients s? lection? s with some patients surviving more than 5 years. As part of a curative approach to m? Soth? Liom a Radiother? Therapy is? Also applied? to sites of chest drain insertion, in order to emp? expensive growth of the tumor along the track in the chest wall.
Although the m? Soth? Liom is g? N? Ralement r? Sister? a cure? the Radiother? therapy alone, palliative treatments are often used? s to relieve symptoms? my d? flowing of tumor growth, such as obstruction of a major blood vessels. At the Radiother? Therapy alone with curative intent has never? T? OF Montr? that the am? improving survival m? Soth? liom. The radiation dose n? Necessary to treat m? Soth? Liom who has not? T? removed? e surgically would tr? s toxic.
Treatment
Treatment of m? Soth? Liom malignant using th? Rapies not conventional data? good r? results and patients have a disk? em? diane Survival of 6 - 12 months after? s pr? sentation [citation n? needed]. The clinical behavior of the malignancy is affected? E by several factors, including the m? Soth? CNPF surface of the cavity? which promotes local pleural via exfoliates? em? tastase cells, underlying tissues? invasion and other organs? l'int? inside the cavity? pleural, and tr-s p long? latency period between exposure? asbestos and d? development of the disease.
Surgery
Surgery, either by him-m? Me or used? in combination with previous-and post-op? laboratories adjuvants, has r? v? l? ed? cevante. A pleurectomy / d? Corticage is the most common surgery, in which the chest wall is removed? E. Less common is an extrapleural pneumonectomy (EPP), including the lung, the lining? l'int? inside the chest, h? diaphragm mid-and p? Ricarde are removed? s.
Radiation
Wikibooks has a book on the subject of
Radiation Oncology / Lung / Mesothelioma
For patients with local disease? E, which can tol? Ing radical surgery, the Radiother? Therapy is often post-op? Ratoire as consolidation treatment. The semi-thorax is treated? With e Radiother? Therapy, often in m? Me time as the chemotherapeutic? Therapy. This approach of using surgery followed by a Radiother? Therapy? the chemotherapeutic? a therapy? t? lanc? 's? thoracic oncology team? Brigham & Women \ \ \ 's Hospital in Boston. [12] Delivering radiation and chemotherapeutic? After therapy? S radical surgery has led? the extension of the ESP? expectancy of patients s? lection? s with some patients surviving more than 5 years. As part of a curative approach to m? Soth? Liom a Radiother? Therapy is? Also applied? to sites of chest drain insertion, in order to emp? expensive growth of the tumor along the track in the chest wall.
Although the m? Soth? Liom is g? N? Ralement r? Sister? a cure? the Radiother? therapy alone, palliative treatments are often used? s to relieve symptoms? my d? flowing of tumor growth, such as obstruction of a major blood vessels. At the Radiother? Therapy alone with curative intent has never? T? OF Montr? that the am? improving survival m? Soth? liom. The radiation dose n? Necessary to treat m? Soth? Liom who has not? T? removed? e surgically would tr? s toxic.
Chemotherapy
F? February 2004, the USA Food and Drug Administration has approved? pemetrexed (brand name Alimta) for treatment of m? Soth? liom malignant pleural. Pemetrexed is administered? in combination with cisplatin. Folic acid is? Also used? r? reduce side-effects of pemetrexed
Immunotherapy
Treatments involving Immunother? Therapy have data? r? outcome variables. For example, intrapleural inoculation of Bacillus Calmette-Gu? Rin (BCG) in an attempt to stimulate the r? Immune response, a? T? jug? any e utilit? for the patient (while May benefit patients with bladder cancer). Mesothelioma proven? sensitive cells? in vitro lysis by LAK cells following activation of the interleukin-2 (IL-2), but the patients? that th? particularly therapy experienced major side effects. Indeed, this proc? S a? T? suspended because of unacceptable levels of IL-2, the Toxic? and burn? side effects such as fi? vre and cachexia. N? Nevertheless, other proc-s on the interf? Ron alpha av? R? More encouraging with 20% of patients experiencing more than 50% de r? Production of tumor associ? E? minimal side effects.
The chemotherapeutic? Therapy intrap? Riton? Ale perop? Laboratory heating
A trial lasts known as chemotherapeutic heating? Intrap therapy? Riton? Perop ale? A laboratory? T? d? developed? by Paul Sugarbaker e? Washington Cancer Institute [13]. The surgeon removes as much tumor as possible followed by the direct administration of a chemotherapeutic agent? Therapy, heating? E? between 40 and 48? C in the abdomen. The fluid is infused? for 60? 120 minutes, then? Drop?.
This technique allows? the administration of high concentrations of certain m? drugs in the abdomen and pelvis area. Heating of the chemotherapeutic? Therapy increases the rate of p? N? Tration of m? Drugs in tissues. Also, heating itself m? Me damage malignant cells more than normal cells.
Immunotherapy
Treatments involving Immunother? Therapy have data? r? outcome variables. For example, intrapleural inoculation of Bacillus Calmette-Gu? Rin (BCG) in an attempt to stimulate the r? Immune response, a? T? jug? any e utilit? for the patient (while May benefit patients with bladder cancer). Mesothelioma proven? sensitive cells? in vitro lysis by LAK cells following activation of the interleukin-2 (IL-2), but the patients? that th? particularly therapy experienced major side effects. Indeed, this proc? S a? T? suspended because of unacceptable levels of IL-2, the Toxic? and burn? side effects such as fi? vre and cachexia. N? Nevertheless, other proc-s on the interf? Ron alpha av? R? More encouraging with 20% of patients experiencing more than 50% de r? Production of tumor associ? E? minimal side effects.
The chemotherapeutic? Therapy intrap? Riton? Ale perop? Laboratory heating
A trial lasts known as chemotherapeutic heating? Intrap therapy? Riton? Perop ale? A laboratory? T? d? developed? by Paul Sugarbaker e? Washington Cancer Institute [13]. The surgeon removes as much tumor as possible followed by the direct administration of a chemotherapeutic agent? Therapy, heating? E? between 40 and 48? C in the abdomen. The fluid is infused? for 60? 120 minutes, then? Drop?.
This technique allows? the administration of high concentrations of certain m? drugs in the abdomen and pelvis area. Heating of the chemotherapeutic? Therapy increases the rate of p? N? Tration of m? Drugs in tissues. Also, heating itself m? Me damage malignant cells more than normal cells.
Notable people who have lived for some time with mesothelioma
Although esp? Expectancy with this disease is g? N? Generally limit? E, it is remarkable survivors. In July 1982, Stephen Jay Gould has re-u m a diagnosis? Soth? Liom p? Riton? Al. Apr? S diagnosis, Gould? Crit the \ "La m? Diane Isn \ 't the message" [19] for Discover magazine, in which he argued that statistics such as the m? Diane survival are just useful abstractions, not destiny. Gould av? Cu twenty years finally succumb? m? tastatiques ad? nocarcinome lung, m? Soth? liom not.
Author Paul Kraus was re-u m a diagnosis? Soth? Liom in June 1997? following an op? ration umbilical hernia. His prognosis is "in a few months. "He continues? survive using a variety? t? modal? s int? gration and totally and additional? writing a book on his expedition experience.
Author Paul Kraus was re-u m a diagnosis? Soth? Liom in June 1997? following an op? ration umbilical hernia. His prognosis is "in a few months. "He continues? survive using a variety? t? modal? s int? gration and totally and additional? writing a book on his expedition experience.
legal history
The first trial? S against manufacturers of asbestos? T? port? in 1929. The parties? Established that justice, and under the agreement, the lawyer accept? not to prosecute the case. He '? Was not until 1960 that an article published? by Wagner et al m? Soth? officially liom? established as a disease r? resulting from exposure? crocidolite asbestos. [22] The article by r-f? Competition of more than 30? Case studies of people who have suffered m? Soth? Liom in South Africa. Some exhibitions have? T? and some transitional? were minors. In 1962, McNulty has signal? the first case, the diagnosis of m? Soth? liom malignant asbestos workers in Australia. [23] The worker had worked? in the plant? the asbestos mine in Wittenoom? from 1948? 1950.
In the town of Wittenoom, asbestos-containing and d? Waste mines? T? being used to cover es? schools and playgrounds. In 1965, an article in the British Journal of Industrial Medicine? Established that people who lived in areas of asbestos factories and mines, but do not work in them, a contract? m? Soth? liom.
Despite? evidence that the dust? re asbestos? exploitation mini? and re grinding of the causes of diseases li? es? asbestos, exploitation mini? first began? ? Wittenoom in 1943 and continued until 1966. In 1974 the first public warning about the dangers of blue asbestos have? T? public? s in a cover article of appeal? ? Killer is it in your home? "In Australia \ 's Bulletin magazine. In 1978, the Government of Western Australia d? Cid? d '? LIMINATE of the town of Wittenoom,? Following the publication of a booklet sant? Dept, "The danger to health? ? Wittenoom ", containing the r? Results of the? Subset of air and appr? Ciation of information m? Union in the world.
In 1979, the first? Re orders? la n? negligence Wittenoom have? t? ? made against CSR and its subsidiary ABA, and the Asbestos Diseases Society? t? form? for e repr? represent the Wittenoom victims.
In the town of Wittenoom, asbestos-containing and d? Waste mines? T? being used to cover es? schools and playgrounds. In 1965, an article in the British Journal of Industrial Medicine? Established that people who lived in areas of asbestos factories and mines, but do not work in them, a contract? m? Soth? liom.
Despite? evidence that the dust? re asbestos? exploitation mini? and re grinding of the causes of diseases li? es? asbestos, exploitation mini? first began? ? Wittenoom in 1943 and continued until 1966. In 1974 the first public warning about the dangers of blue asbestos have? T? public? s in a cover article of appeal? ? Killer is it in your home? "In Australia \ 's Bulletin magazine. In 1978, the Government of Western Australia d? Cid? d '? LIMINATE of the town of Wittenoom,? Following the publication of a booklet sant? Dept, "The danger to health? ? Wittenoom ", containing the r? Results of the? Subset of air and appr? Ciation of information m? Union in the world.
In 1979, the first? Re orders? la n? negligence Wittenoom have? t? ? made against CSR and its subsidiary ABA, and the Asbestos Diseases Society? t? form? for e repr? represent the Wittenoom victims.
Wednesday, February 11, 2009
Government policies and support
United Kingdom
Under the Disability Discrimination Act (DDA) (1995, extended in 2005), it is unlawful for organisations to discriminate (treat a disabled person less favourably, for reasons related to the person's disability, without justification) in employment; access to goods, facilities, services; managing, buying or renting land or property; education. Businesses must make "reasonable adjustments" to their policies or practices, or physical aspects of their premises, to avoid indirect discrimination.[1]
A number of financial and care support services are available, including Incapacity Benefit and Disability Living Allowance
Employment
The Employers' Forum on Disability (EFD) is a membership organisation of UK businesses. Following the introduction of the DDA the membership of EFD recognised the need for a tool with which they could measure their performance on disability year on year.
In 2005 80 organisations took part in the Disability Standard benchmark providing the first statistics highlighting the UK's performance as a nation of employers.
Following the success of the first benchmark Disability Standard 2007 saw the introduction of the Chief Executives' Diamond Awards for outstanding performance and 116 organisations taking the opportunity to compare trends across a large group of UK employers and monitor the progress they had made on disability.
2009 will see the third benchmark, Disability Standard 2009. EFD have promised that for the first time they will publish a list of the top ten performers who will be honoured at an award ceremony in December 2009.
United States
Discrimination in employment
The US Rehabilitation Act of 1973 requires all organizations that receive government funding to provide accessibility programs and services. A more recent law, the 1990 Americans with Disabilities Act (ADA), which came in to effect in 1992, prohibits private employers, state and local governments and employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, or in the terms, conditions and privileges of employment. This includes organizations like retail businesses, movie theaters, and restaurants. They must make "reasonable accommodation" to people with different needs. Protection is extended to anyone with (A) a physical or mental impairment that substantially limits one or more of the major life activities of an individual (B) a record of such an impairment or (C) being regarded as having such an impairment. The second and third critiera are seen as ensuring protection from unjust discrimination based on a perception of risk, just because someone has a record of impairment or appears to have a disability or illness (e.g. features which may be erroneously taken as signs of an illness).
African Americans and disability
According to the 2000 U.S. Census, the African American community has the highest rate of disability at 20.8 percent,[5] slightly higher than the overall disability rate of 19.4%.[5] Although people have come to better understand and accept different types of disability, there still remains a stigma attached to the disabled community. African Americans with a disability are subject to not only this stigma but also to the additional forces of race discrimination. African American women who have a disability face tremendous discrimination due to their condition, race, and gender. Doctor Eddie Glenn of Howard University describes this situation as the "triple jeopardy" syndrome
Social administration
The US Social Security Administration defines disability in terms of inability to perform substantial gainful activity (SGA), by which it means “work paying minimum wage or better”. The agency pairs SGA with a "listing" of medical conditions that qualify individuals for benefits.
Education
Under the Individuals with Disabilities Education Act, special educational support is limited to children and youth falling in to one of a dozen disability categories (e.g., specific learning disability) and adds that, to be eligible, students must require both special education (modified instruction) and related services (supports such as speech and language pathology).
Insurance
It is illegal for California insurers to refuse to provide car insurance to properly licensed drivers solely because they have a disability.[6] It is also illegal for them to refuse to provide car insurance "on the basis that the owner of the motor vehicle to be insured is blind," but they are allowed to exclude coverage for injuries and damages incurred while a blind unlicensed owner is actually operating the vehicle (the law is apparently structured to allow blind people to buy and insure cars which their friends, family, and caretakers can drive for them)
Under the Disability Discrimination Act (DDA) (1995, extended in 2005), it is unlawful for organisations to discriminate (treat a disabled person less favourably, for reasons related to the person's disability, without justification) in employment; access to goods, facilities, services; managing, buying or renting land or property; education. Businesses must make "reasonable adjustments" to their policies or practices, or physical aspects of their premises, to avoid indirect discrimination.[1]
A number of financial and care support services are available, including Incapacity Benefit and Disability Living Allowance
Employment
The Employers' Forum on Disability (EFD) is a membership organisation of UK businesses. Following the introduction of the DDA the membership of EFD recognised the need for a tool with which they could measure their performance on disability year on year.
In 2005 80 organisations took part in the Disability Standard benchmark providing the first statistics highlighting the UK's performance as a nation of employers.
Following the success of the first benchmark Disability Standard 2007 saw the introduction of the Chief Executives' Diamond Awards for outstanding performance and 116 organisations taking the opportunity to compare trends across a large group of UK employers and monitor the progress they had made on disability.
2009 will see the third benchmark, Disability Standard 2009. EFD have promised that for the first time they will publish a list of the top ten performers who will be honoured at an award ceremony in December 2009.
United States
Discrimination in employment
The US Rehabilitation Act of 1973 requires all organizations that receive government funding to provide accessibility programs and services. A more recent law, the 1990 Americans with Disabilities Act (ADA), which came in to effect in 1992, prohibits private employers, state and local governments and employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, or in the terms, conditions and privileges of employment. This includes organizations like retail businesses, movie theaters, and restaurants. They must make "reasonable accommodation" to people with different needs. Protection is extended to anyone with (A) a physical or mental impairment that substantially limits one or more of the major life activities of an individual (B) a record of such an impairment or (C) being regarded as having such an impairment. The second and third critiera are seen as ensuring protection from unjust discrimination based on a perception of risk, just because someone has a record of impairment or appears to have a disability or illness (e.g. features which may be erroneously taken as signs of an illness).
African Americans and disability
According to the 2000 U.S. Census, the African American community has the highest rate of disability at 20.8 percent,[5] slightly higher than the overall disability rate of 19.4%.[5] Although people have come to better understand and accept different types of disability, there still remains a stigma attached to the disabled community. African Americans with a disability are subject to not only this stigma but also to the additional forces of race discrimination. African American women who have a disability face tremendous discrimination due to their condition, race, and gender. Doctor Eddie Glenn of Howard University describes this situation as the "triple jeopardy" syndrome
Social administration
The US Social Security Administration defines disability in terms of inability to perform substantial gainful activity (SGA), by which it means “work paying minimum wage or better”. The agency pairs SGA with a "listing" of medical conditions that qualify individuals for benefits.
Education
Under the Individuals with Disabilities Education Act, special educational support is limited to children and youth falling in to one of a dozen disability categories (e.g., specific learning disability) and adds that, to be eligible, students must require both special education (modified instruction) and related services (supports such as speech and language pathology).
Insurance
It is illegal for California insurers to refuse to provide car insurance to properly licensed drivers solely because they have a disability.[6] It is also illegal for them to refuse to provide car insurance "on the basis that the owner of the motor vehicle to be insured is blind," but they are allowed to exclude coverage for injuries and damages incurred while a blind unlicensed owner is actually operating the vehicle (the law is apparently structured to allow blind people to buy and insure cars which their friends, family, and caretakers can drive for them)
Definitions and models of disability
The International Classification of Functioning, Disability and Health (ICF), produced by the World Health Organization, distinguishes between body functions (physiological or psychological, e.g. vision) and body structures (anatomical parts, e.g. the eye and related structures). Impairment in bodily structure or function is defined as involving an anomaly, defect, loss or other significant deviation from certain generally accepted population standards, which may fluctuate over time. Activity is defined as the execution of a task or action. The ICF lists 9 broad domains of functioning which can be affected:
Learning and applying knowledge
General tasks and demands
Communication
Mobility
Self-care
Domestic life
Interpersonal interactions and relationships
Major life areas
Community, social and civic life
(see also List of mental disorders)
The introduction to the ICF states that a variety of conceptual models has been proposed to understand and explain disability and functioning, which it seeks to integrate.
The medical model
Main article: Medical model of disability
The medical model is presented as viewing disability as a problem of the person, directly caused by disease, trauma, or other health condition which therefore requires sustained medical care provided in the form of individual treatment by professionals. In the medical model, management of the disability is aimed at "cure", or the individual’s adjustment and behavioral change that would lead to an "almost-cure" or effective cure. In the medical model, medical care is viewed as the main issue, and at the political level, the principal response is that of modifying or reforming healthcare policy.
The social model
Main article: Social model of disability
The social model of disability sees the issue of "disability" mainly as a socially created problem, and basically as a matter of the full integration of individuals into society (see Inclusion (disability rights)). In this model disability is not an attribute of an individual, but rather a complex collection of conditions, many of which are created by the social environment. Hence, in this model, the management of the problem requires social action, and thus, it is the collective responsibility of society at large to make the environmental modifications necessary for the full participation of people with disabilities in all areas of social life. The issue is both cultural and ideological, requiring individual, community, and large-scale social change. Viewed from this perspective equal access for people with impairment/disability is a human rights issue of major concern.
Impairment, culture, language and labeling
The American Psychological Association style guide states that, when identifying a person with an impairment, the person's name or pronoun should come first, and descriptions of the impairment/disability should be used so that the impairment is identified, but is not modifying the person. Improper examples would be "A Borderline, a "Blind Person." For instance: people with/who have Down syndrome, a man with/who has schizophrenia (instead of a Schizophrenic man), and a girl with paraplegia/who is paraplegic. It also states that a person's adaptive equipment should be described functionally as something that assists a person, not as something that limits a person, e.g. "a woman who uses a wheelchair" rather than is "in" it or is "confined" to it.
A similar kind of 'people first' terminology is also used in the UK, but more often in the form 'people with impairments' (e.g. 'people with visual impairments', etc.). However, in the UK, the term 'disabled people' is generally preferred to 'people with disabilities'. It is argued under the social model that while someone's impairment (e.g. having a spinal cord injury) is an individual property, 'disability' is something created by external societal factors such as a lack of wheelchair access to their workplace.[3]. This distinction between the individual property of impairment and the social property of disability is central to the social model. The term 'disabled people' as a political construction is also widely used by international organisations of disabled people, such as Disabled Peoples' International (DPI).
Many books on disability and disability rights point out that 'disabled' is an identity that one is not necessarily born with, as disabilities are more often acquired than congenital. Some disability rights activists use an acronym TAB, "Temporarily Able-Bodied", as a reminder that many people will develop disabilities at some point in their lives, due to accidents, illness (physical, mental or emotional), or late-emerging effects of genetics.
The late Prime Minister Olof Palme of Sweden, speaking at the Stanford University Law School in the 1970s, summed up the divergence between U.S. and Swedish attitudes towards people with disabilities:
Americans regard the able-bodied and the disabled as, effectively, actively or not, consciously or subconsciously, two separate species, whereas,
Swedes regard them as humans in different life stages: all babies are helpless, cared for by parents; sick people are cared by those who are well; elderly people are cared by those younger and healthier, etc. Able-bodied people are able to help those who need it, without pity, because they know their turn at not being able-bodied will come.
Palme maintained that if it cost the country $US 40,000 per year to enable a person with a disability to work at a job that paid $40,000, the society gained a net benefit, because the society benefited by allowing this worker to participate cooperatively, rather than to be a drain on other people's time and money.[citation needed
Other models
The spectrum model refers to the range of visibility, audibility and sensibility under which mankind functions. The model asserts that disability does not necessarily mean reduced spectrum of operations. Instead, it could also include distorted/shifted spectrum. For instance, a blind person may be extra sensitive to infrared or ultraviolet waves. See also ESP.
The moral model (Bowe, 1978) refers to the attitude that people are morally responsible for their own disability, including, at one extreme, as a result of bad actions of parents if congenital, or as a result of practicing witchcraft if not. This attitude can be seen as a religious fundamentalist offshoot of the original animal roots of human beings, back when humans killed any baby that could not survive on its own in the wild.
The expert/professional model has provided a traditional response to disability issues and can be seen as an offshoot of the Medical Model. Within its framework, professionals follow a process of identifying the impairment and its limitations (using the Medical Model), and taking the necessary action to improve the position of the disabled person. This has tended to produce a system in which an authoritarian, over-active service provider prescribes and acts for a passive client.
The tragedy/charity model depicts disabled people as victims of circumstance, deserving of pity. This and Medical Model are probably the ones most used by non-disabled people to define and explain disability.
Social Adapted Model[citation needed]
Economic Model[citation needed]
Empowering Model[citation needed]
Learning and applying knowledge
General tasks and demands
Communication
Mobility
Self-care
Domestic life
Interpersonal interactions and relationships
Major life areas
Community, social and civic life
(see also List of mental disorders)
The introduction to the ICF states that a variety of conceptual models has been proposed to understand and explain disability and functioning, which it seeks to integrate.
The medical model
Main article: Medical model of disability
The medical model is presented as viewing disability as a problem of the person, directly caused by disease, trauma, or other health condition which therefore requires sustained medical care provided in the form of individual treatment by professionals. In the medical model, management of the disability is aimed at "cure", or the individual’s adjustment and behavioral change that would lead to an "almost-cure" or effective cure. In the medical model, medical care is viewed as the main issue, and at the political level, the principal response is that of modifying or reforming healthcare policy.
The social model
Main article: Social model of disability
The social model of disability sees the issue of "disability" mainly as a socially created problem, and basically as a matter of the full integration of individuals into society (see Inclusion (disability rights)). In this model disability is not an attribute of an individual, but rather a complex collection of conditions, many of which are created by the social environment. Hence, in this model, the management of the problem requires social action, and thus, it is the collective responsibility of society at large to make the environmental modifications necessary for the full participation of people with disabilities in all areas of social life. The issue is both cultural and ideological, requiring individual, community, and large-scale social change. Viewed from this perspective equal access for people with impairment/disability is a human rights issue of major concern.
Impairment, culture, language and labeling
The American Psychological Association style guide states that, when identifying a person with an impairment, the person's name or pronoun should come first, and descriptions of the impairment/disability should be used so that the impairment is identified, but is not modifying the person. Improper examples would be "A Borderline, a "Blind Person." For instance: people with/who have Down syndrome, a man with/who has schizophrenia (instead of a Schizophrenic man), and a girl with paraplegia/who is paraplegic. It also states that a person's adaptive equipment should be described functionally as something that assists a person, not as something that limits a person, e.g. "a woman who uses a wheelchair" rather than is "in" it or is "confined" to it.
A similar kind of 'people first' terminology is also used in the UK, but more often in the form 'people with impairments' (e.g. 'people with visual impairments', etc.). However, in the UK, the term 'disabled people' is generally preferred to 'people with disabilities'. It is argued under the social model that while someone's impairment (e.g. having a spinal cord injury) is an individual property, 'disability' is something created by external societal factors such as a lack of wheelchair access to their workplace.[3]. This distinction between the individual property of impairment and the social property of disability is central to the social model. The term 'disabled people' as a political construction is also widely used by international organisations of disabled people, such as Disabled Peoples' International (DPI).
Many books on disability and disability rights point out that 'disabled' is an identity that one is not necessarily born with, as disabilities are more often acquired than congenital. Some disability rights activists use an acronym TAB, "Temporarily Able-Bodied", as a reminder that many people will develop disabilities at some point in their lives, due to accidents, illness (physical, mental or emotional), or late-emerging effects of genetics.
The late Prime Minister Olof Palme of Sweden, speaking at the Stanford University Law School in the 1970s, summed up the divergence between U.S. and Swedish attitudes towards people with disabilities:
Americans regard the able-bodied and the disabled as, effectively, actively or not, consciously or subconsciously, two separate species, whereas,
Swedes regard them as humans in different life stages: all babies are helpless, cared for by parents; sick people are cared by those who are well; elderly people are cared by those younger and healthier, etc. Able-bodied people are able to help those who need it, without pity, because they know their turn at not being able-bodied will come.
Palme maintained that if it cost the country $US 40,000 per year to enable a person with a disability to work at a job that paid $40,000, the society gained a net benefit, because the society benefited by allowing this worker to participate cooperatively, rather than to be a drain on other people's time and money.[citation needed
Other models
The spectrum model refers to the range of visibility, audibility and sensibility under which mankind functions. The model asserts that disability does not necessarily mean reduced spectrum of operations. Instead, it could also include distorted/shifted spectrum. For instance, a blind person may be extra sensitive to infrared or ultraviolet waves. See also ESP.
The moral model (Bowe, 1978) refers to the attitude that people are morally responsible for their own disability, including, at one extreme, as a result of bad actions of parents if congenital, or as a result of practicing witchcraft if not. This attitude can be seen as a religious fundamentalist offshoot of the original animal roots of human beings, back when humans killed any baby that could not survive on its own in the wild.
The expert/professional model has provided a traditional response to disability issues and can be seen as an offshoot of the Medical Model. Within its framework, professionals follow a process of identifying the impairment and its limitations (using the Medical Model), and taking the necessary action to improve the position of the disabled person. This has tended to produce a system in which an authoritarian, over-active service provider prescribes and acts for a passive client.
The tragedy/charity model depicts disabled people as victims of circumstance, deserving of pity. This and Medical Model are probably the ones most used by non-disabled people to define and explain disability.
Social Adapted Model[citation needed]
Economic Model[citation needed]
Empowering Model[citation needed]
Disability
Disability is a lack of ability relative to a personal or group standard or norm. In reality there is often simply a spectrum of ability. Disability may involve physical impairment such as sensory impairment, cognitive or intellectual impairment, mental disorder (also known as psychiatric or psychosocial disability), or various types of chronic disease. A disability may occur during a person's lifetime or may be present from birth.
Disability may be seen as resulting directly from individuals, in which case the focus is typically on aspects of those individuals and how they could function better. This view is associated with what is generally termed a medical model of disability. Alternatively, the interaction between people and their environment/society may be emphasized. Here, the focus may be on the role of society in labeling some people as having a disability relative to others, while causing or maintaining disability in those people through attitudes and standards of accessibility that favor the majority (a prejudice dubbed "able-ism"). This view is commonly associated with a human rights or social model of disability.
On December 13, 2006, the United Nations formally agreed on the Convention on the Rights of Persons with Disabilities, the first human rights treaty of the 21st century, to protect and enhance the rights and opportunities of the world's estimated 650 million disabled people.[1] Countries that sign up to the convention will be required to adopt national laws, and remove old ones, so that persons with disabilities would, for example, have equal rights to education, employment, and cultural life; the right to own and inherit property; not be discriminated against in marriage, children, etc; not be unwilling subjects in medical experiments.
In 1976, the United Nations launched its International Year for Disabled Persons (1981), later re-named the International Year of Disabled Persons. The UN Decade of Disabled Persons (1983-1993) featured a World Programme of Action Concerning Disabled Persons. In 1979, Frank Bowe was the only person with a disability representing any country in the planning of IYDP-1981. Today, many countries have named representatives who are themselves individuals with disabilities. The decade was closed in an address before the General Assembly by Robert Davila. Both Bowe and Davila are deaf. In 1984, UNESCO accepted sign language for use in education of deaf children and youth.
The disability rights movement, led by individuals with disabilities, began in the 1970s. This Self-advocacy is often seen as largely responsible for the shift toward independent living and accessibility. The term "Independent Living" was taken from 1959 California legislation that enabled people who had acquired a disability due to polio to leave hospital wards and move back into the community with the help of cash benefits for the purchase of personal assistance with the activities of daily living.
With its origins in the US civil rights and consumer movements of the late 1960s, the movement and its philosophy have since spread to other continents influencing people's self-perception, their ways of organizing themselves and their countries' social policy.
Selling a Structured Settlement
If you have a structured settlement, you may have been approached by a company interested in purchasing your settlement, or may be curious about selling your settlement in return for a lump sum buyout. About two thirds of states have enacted laws which restict the sale of structured settlements, and tax-free structured settlements are also subject to federal restrictions on their sale to a third party. Also, some insurance companies will not assign or transfer annuities to third parties, to discourage the sale of structured settlements. As a consequence, depending upon where you live and the terms of your annuities, it may not be possible for you to sell your settlement.
Keep in mind that companies which buy structured settlements intend to profit from their purchase, and sometimes their offers may seem quite low. You may benefit from approaching more than one company in relation to the sale of your settlement, to make sure that you obtain the highest payoff. You also want to be sure that the company which wants to buy your settlement is established, well-funded, and reputable - you don’t want a fly-by-night outfit to obtain the rights to your annuities but to disappear or go bankrupt before paying you the buyout money. You may have to go to court to get a judge to approve the buyout. It is usually a good idea to consult with a lawyer before entering into an agreement to sell your settlement.
A structured sale is a special type of installment sale pursuant to the Internal Revenue Code.[1] Installment sales permit sellers to defer recognition of gains on the sale of a business or real estate to the tax year in which the related sale proceeds are received. Structured sales allow the seller of an asset to pay taxes over time while having the payments guaranteed by a high credit quality alternate obligor, who accepts assignment of the buyers periodic payment obligation. Transactions can currently be done as small as $100,000.
In a structured sale, rather than the buyer paying the installments, the buyer pays cash, some of which is used as consideration for a third party assignment company to accept the payment obligation. The assignment company then purchases an annuity from a life insurance company with high financial ratings from A. M. Best. Case law and administrative precedents support recognition of the original contract terms after a substitution of obligors.[2] In addition, a properly handled transaction will avoid issues with constructive receipt and economic benefit.
While negotiating the installment payments, the seller is free to design payment streams with a great deal of flexibility. Each installment payment to the seller has three components: deferred return of basis, deferred capital gain, and ordinary income earned on the money in the annuity. Under the doctrine of constructive receipt, with a properly documented structured sale, no taxable event is recognized unless a payment is actually received. Taxation is the same as if the buyer were making installment payments directly.
Structured sales are an alternative to a section 1031 exchange, which defers recognition of capital gain, but forces the seller to continue holding some form of property. Structured sales work well for sellers who want to create a continuing stream of income without management worries. Retiring business owners and downsizing homeowners are examples of sellers who can benefit.
The structured sale must be documented, and money must be handled in such a way that the ultimate recipient is not treated as having constructive received the payment prior to the time it is actually paid. For the buyer, there is no difference from a traditional cash-and-title-now deal, except for additional paperwork. Because of tax advantages to the seller, structuring the sale might, however, make the buyer's offer more attractive. Because the buyer has paid in full, the buyer gets full title at time of closing.
There are no direct fees to the buyer or seller to employ the structured sale strategy. The structured settlement specialist who implements the transaction is paid directly by the life insurance company that writes the annuity.
The internal rate of return is comparable to long term high quality debt instruments.
Allstate Life was the originator of the structured sale concept and until recently was the only structured settlement annuity company whose product was available for the structured sale transaction. Prudential has begun to use its non-qualified assignment product on a limited basis.
Keep in mind that companies which buy structured settlements intend to profit from their purchase, and sometimes their offers may seem quite low. You may benefit from approaching more than one company in relation to the sale of your settlement, to make sure that you obtain the highest payoff. You also want to be sure that the company which wants to buy your settlement is established, well-funded, and reputable - you don’t want a fly-by-night outfit to obtain the rights to your annuities but to disappear or go bankrupt before paying you the buyout money. You may have to go to court to get a judge to approve the buyout. It is usually a good idea to consult with a lawyer before entering into an agreement to sell your settlement.
A structured sale is a special type of installment sale pursuant to the Internal Revenue Code.[1] Installment sales permit sellers to defer recognition of gains on the sale of a business or real estate to the tax year in which the related sale proceeds are received. Structured sales allow the seller of an asset to pay taxes over time while having the payments guaranteed by a high credit quality alternate obligor, who accepts assignment of the buyers periodic payment obligation. Transactions can currently be done as small as $100,000.
In a structured sale, rather than the buyer paying the installments, the buyer pays cash, some of which is used as consideration for a third party assignment company to accept the payment obligation. The assignment company then purchases an annuity from a life insurance company with high financial ratings from A. M. Best. Case law and administrative precedents support recognition of the original contract terms after a substitution of obligors.[2] In addition, a properly handled transaction will avoid issues with constructive receipt and economic benefit.
While negotiating the installment payments, the seller is free to design payment streams with a great deal of flexibility. Each installment payment to the seller has three components: deferred return of basis, deferred capital gain, and ordinary income earned on the money in the annuity. Under the doctrine of constructive receipt, with a properly documented structured sale, no taxable event is recognized unless a payment is actually received. Taxation is the same as if the buyer were making installment payments directly.
Structured sales are an alternative to a section 1031 exchange, which defers recognition of capital gain, but forces the seller to continue holding some form of property. Structured sales work well for sellers who want to create a continuing stream of income without management worries. Retiring business owners and downsizing homeowners are examples of sellers who can benefit.
The structured sale must be documented, and money must be handled in such a way that the ultimate recipient is not treated as having constructive received the payment prior to the time it is actually paid. For the buyer, there is no difference from a traditional cash-and-title-now deal, except for additional paperwork. Because of tax advantages to the seller, structuring the sale might, however, make the buyer's offer more attractive. Because the buyer has paid in full, the buyer gets full title at time of closing.
There are no direct fees to the buyer or seller to employ the structured sale strategy. The structured settlement specialist who implements the transaction is paid directly by the life insurance company that writes the annuity.
The internal rate of return is comparable to long term high quality debt instruments.
Allstate Life was the originator of the structured sale concept and until recently was the only structured settlement annuity company whose product was available for the structured sale transaction. Prudential has begun to use its non-qualified assignment product on a limited basis.
Annuity (financial contracts)
An annuity contract is a financial product, typically offered by a financial institution, that may accumulate value and take a current value and pay it out over a period of years. These contracts are regulated by various jurisdictions, leading to the term being focused on different features in different parts of the world.
An annuity is an insurance product; annuities are typically issued by the same companies that issue life insurance policies, and the risks undertaken by the issuer are fundamentally the same for both products -- that is, the insurance company bets on the life expectancy of the customer. The result is to transfer the effects of the uncertainty of an individual's lifespan from the individual to the insurer, which reduces its own uncertainty by pooling many clients.
With a "single premium" or "immediate" annuity, the annuitant pays for the annuity with a single lump sum. The annuity starts making regular payments to the annuitant within a year. A common use of a single premium annuity is as a destination for roll-over retirement savings upon retirement. In such a case, a retiree withdraws all of the money the retiree has saved in, for example, a 401(k) (i.e., tax-advantaged) savings vehicle during the retiree's working life and uses the money to buy an annuity whose payments will replace the retiree's wage payments for the rest of the retiree's life. The advantage of such an annuity is that the annuitant has a guaranteed income for life, whereas if the retiree were instead to withdraw money regularly from the retirement account, the retiree might run out of money before the retiree dies or not have as much to spend while the retiree is alive.
Another kind of annuity is a combination of retirement savings and retirement payment plan: the annuitant makes regular contributions to the annuity until a certain date and then receives regular payments from the annuity until the annuitant dies. Sometimes there is a life insurance component added so that if the annuitant dies before annuity payments begin, a beneficiary gets either a lump sum or annuity payments.
There are two possible phases for an annuity, one phase in which the customer deposits and accumulates money into an account (the deferral phase), and the annuity phase in which the insurance company makes income payments until the death of the customers (the "annuitants") named in the contract. It is possible to structure an annuity contract so that it has only the annuity phase; such a contract is called an immediate annuity. Annuity contracts with a deferral phase are similar to bank CDs and have a growth phase prior to distribution of income, and are called deferred annuities. The newest incarnation is the fixed, equity indexed product which can be either a fixed annuity or pure life insurance.
Such contracts provide an income during retirement or a stream of payments as a settlement of a personal injury lawsuit (i.e., a structured settlement). Some annuities (called "joint life" or "joint and survivor" annuities) continue paying a second person (i.e., the "beneficiary") after the annuitant dies, until that person dies as well. For example, an annuity may be structured to make payments to a married couple, such payments ceasing on the death of the second spouse.
Annuities that make payments in fixed amounts or in amounts that increase by a fixed percentage are called fixed annuities. Variable annuities, by contrast, pay amounts that vary according to the investment performance of a specified set of investments, typically bond and equity mutual funds.
Variable annuities are used for many different objectives. One common objective is deferral of the recognition of taxable gains. Money deposited in a variable annuity grows on a tax-deferred basis, so that taxes on investment gains are not due until a withdrawal is made. Variable annuities offer a variety of funds ("subaccounts" in the parlance of the industry) from various money managers. This gives investors the ability to move between subaccounts without incurring additional fees or sales charges.
In the United Kingdom and Ghana, the term "annuity" generally refers to the actual contract that makes payments. Commonly it is used to refer to a contract that is making payments (with the means of saving being referred to as a "pension"). In the UK the conversion of pension income into an annuity is essentially compulsory and this has led to a large market for annuities.
Within the UK there are many different types of annuity. The most common are those where the source of the funds required to buy the annuity is from a pension scheme. Examples of these types of annuity, often referred to as a Compulsory Purchase Annuity, are conventional annuities, with profit annuities and unit linked, or "third way" annuities. Annuities purchased from savings (ie not from a pension scheme) are referred to as Purchase Life Annuities and Immediate Vesting Annuities.
There has also been a very significant growth in the development of "Impaired Life" annuities. These involve improving the terms offered due to a medical diagnosis which is severe enough to reduce life expectancy. A process of medical underwriting is involved and the range of qualifying conditions has increased substantially in recent years. Both conventional annuities and Purchase Life Annuities can qualify for impaired terms.
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An annuity is an insurance product; annuities are typically issued by the same companies that issue life insurance policies, and the risks undertaken by the issuer are fundamentally the same for both products -- that is, the insurance company bets on the life expectancy of the customer. The result is to transfer the effects of the uncertainty of an individual's lifespan from the individual to the insurer, which reduces its own uncertainty by pooling many clients.
With a "single premium" or "immediate" annuity, the annuitant pays for the annuity with a single lump sum. The annuity starts making regular payments to the annuitant within a year. A common use of a single premium annuity is as a destination for roll-over retirement savings upon retirement. In such a case, a retiree withdraws all of the money the retiree has saved in, for example, a 401(k) (i.e., tax-advantaged) savings vehicle during the retiree's working life and uses the money to buy an annuity whose payments will replace the retiree's wage payments for the rest of the retiree's life. The advantage of such an annuity is that the annuitant has a guaranteed income for life, whereas if the retiree were instead to withdraw money regularly from the retirement account, the retiree might run out of money before the retiree dies or not have as much to spend while the retiree is alive.
Another kind of annuity is a combination of retirement savings and retirement payment plan: the annuitant makes regular contributions to the annuity until a certain date and then receives regular payments from the annuity until the annuitant dies. Sometimes there is a life insurance component added so that if the annuitant dies before annuity payments begin, a beneficiary gets either a lump sum or annuity payments.
There are two possible phases for an annuity, one phase in which the customer deposits and accumulates money into an account (the deferral phase), and the annuity phase in which the insurance company makes income payments until the death of the customers (the "annuitants") named in the contract. It is possible to structure an annuity contract so that it has only the annuity phase; such a contract is called an immediate annuity. Annuity contracts with a deferral phase are similar to bank CDs and have a growth phase prior to distribution of income, and are called deferred annuities. The newest incarnation is the fixed, equity indexed product which can be either a fixed annuity or pure life insurance.
Such contracts provide an income during retirement or a stream of payments as a settlement of a personal injury lawsuit (i.e., a structured settlement). Some annuities (called "joint life" or "joint and survivor" annuities) continue paying a second person (i.e., the "beneficiary") after the annuitant dies, until that person dies as well. For example, an annuity may be structured to make payments to a married couple, such payments ceasing on the death of the second spouse.
Annuities that make payments in fixed amounts or in amounts that increase by a fixed percentage are called fixed annuities. Variable annuities, by contrast, pay amounts that vary according to the investment performance of a specified set of investments, typically bond and equity mutual funds.
Variable annuities are used for many different objectives. One common objective is deferral of the recognition of taxable gains. Money deposited in a variable annuity grows on a tax-deferred basis, so that taxes on investment gains are not due until a withdrawal is made. Variable annuities offer a variety of funds ("subaccounts" in the parlance of the industry) from various money managers. This gives investors the ability to move between subaccounts without incurring additional fees or sales charges.
In the United Kingdom and Ghana, the term "annuity" generally refers to the actual contract that makes payments. Commonly it is used to refer to a contract that is making payments (with the means of saving being referred to as a "pension"). In the UK the conversion of pension income into an annuity is essentially compulsory and this has led to a large market for annuities.
Within the UK there are many different types of annuity. The most common are those where the source of the funds required to buy the annuity is from a pension scheme. Examples of these types of annuity, often referred to as a Compulsory Purchase Annuity, are conventional annuities, with profit annuities and unit linked, or "third way" annuities. Annuities purchased from savings (ie not from a pension scheme) are referred to as Purchase Life Annuities and Immediate Vesting Annuities.
There has also been a very significant growth in the development of "Impaired Life" annuities. These involve improving the terms offered due to a medical diagnosis which is severe enough to reduce life expectancy. A process of medical underwriting is involved and the range of qualifying conditions has increased substantially in recent years. Both conventional annuities and Purchase Life Annuities can qualify for impaired terms.
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Benefits of a Structured Settlement
One significant advantage of a structured settlement is tax avoidance. With appropriate set-up, a structured settlement may significantly reduce the plaintiff’s tax obligations as a result of the settlement, and may in some cases be tax-free.
A structured settlement can protect a plaintiff from having settlement funds dissipated, when they are necessary to pay for future care or needs. Sometimes a structured settlement can help protect a plaintiff from himself - some people simply aren’t good with money, or can’t say no to relatives who want to “share the wealth”, and even a large settlement can be rapidly exhausted. Minors may benefit from a structured settlement as well, such as a settlement which provides for certain costs during their youth, an additional disbursement to pay for college or other educational expenses, and then one or more disbursements in adulthood. An injured person who has long-term special needs may benefit from having periodic lump sums with which to purchase medical equipment or modified vehicles.
In some situations, it will be better for a severely disabled plaintiff to set up a special needs trust, rather than entering into a lump sum or structured settlement. Any plaintiff who is receiving, or expects to receive, Medicaid or other public assistance, or the guardian or conservator entering into a settlement on behalf of a disabled ward, should consult with a disabilities financial planner about their situation before choosing any particular settlement option or structure.
Benefit may refer to: Something that a party/individual was not previously entitled to receive.
Economic benefit, the positive contribution to gross national product (or other measure of value) from an economic activity or project: see Cost-benefit analysis.
Employee benefit, non-monetary employment compensation
Benefit concert, or any activity performed for a charitable purpose
Benefit (album), an album by Jethro Tull
The Benefits, a musical duo from Denmark
Benefit (sports), a match or season of activities granted by a sporting body to a loyal sportsman to boost their income before retirement
Money, goods, or services provided by a social welfare program, including:
Federal benefits, as provided by the United States federal government to its citizens.
The Benefit Company, a financial company linking Bahrain's local banks together, as well as neighboring countries.
Benefit, an Atlanta rapper.
BeneFit cosmetics, a cosmetics company owned by LVMH.
Benefits (How I Met Your Mother), a 2009 episode of the show How I Met Your Mother.
A structured settlement can protect a plaintiff from having settlement funds dissipated, when they are necessary to pay for future care or needs. Sometimes a structured settlement can help protect a plaintiff from himself - some people simply aren’t good with money, or can’t say no to relatives who want to “share the wealth”, and even a large settlement can be rapidly exhausted. Minors may benefit from a structured settlement as well, such as a settlement which provides for certain costs during their youth, an additional disbursement to pay for college or other educational expenses, and then one or more disbursements in adulthood. An injured person who has long-term special needs may benefit from having periodic lump sums with which to purchase medical equipment or modified vehicles.
In some situations, it will be better for a severely disabled plaintiff to set up a special needs trust, rather than entering into a lump sum or structured settlement. Any plaintiff who is receiving, or expects to receive, Medicaid or other public assistance, or the guardian or conservator entering into a settlement on behalf of a disabled ward, should consult with a disabilities financial planner about their situation before choosing any particular settlement option or structure.
Benefit may refer to: Something that a party/individual was not previously entitled to receive.
Economic benefit, the positive contribution to gross national product (or other measure of value) from an economic activity or project: see Cost-benefit analysis.
Employee benefit, non-monetary employment compensation
Benefit concert, or any activity performed for a charitable purpose
Benefit (album), an album by Jethro Tull
The Benefits, a musical duo from Denmark
Benefit (sports), a match or season of activities granted by a sporting body to a loyal sportsman to boost their income before retirement
Money, goods, or services provided by a social welfare program, including:
Federal benefits, as provided by the United States federal government to its citizens.
The Benefit Company, a financial company linking Bahrain's local banks together, as well as neighboring countries.
Benefit, an Atlanta rapper.
BeneFit cosmetics, a cosmetics company owned by LVMH.
Benefits (How I Met Your Mother), a 2009 episode of the show How I Met Your Mother.
Structured Settlements in the United States
The United States has enacted structured settlement laws and regulations at both the federal and state levels. Federal structured settlement laws include sections of the (federal) Internal Revenue Code[1]. State structured settlement laws include structured settlement protection statutes and periodic payment of judgment statutes. Medicaid and Medicare laws and regulations affect structured settlements. To preserve a claimant’s Medicare and Medicaid benefits, structured settlement payments may be incorporated into “Medicare Set Aside Arrangements” “Special Needs Trusts."
Structured settlements have been endorsed by many of the nation's largest disability rights organizations, including the American Association of People with Disabilities [2] and the National Organization on Disability [3].
The United States definition of “structured settlement” for federal income taxation purposes, found in Internal Revenue Code Section 5891(c)(1) (26 U.S.C. § 5891(c)(1)), is an "arrangement" that meets the following requirements:
A structured settlement must be established by:
A suit or agreement for periodic payment of damages excludable from gross income under Internal Revenue Code Section 104(a)(2) (26 U.S.C. § 104(a)(2)); or
An agreement for the periodic payment of compensation under any workers’ compensation law excludable under Internal Revenue Code Section 104(a)(1) (26 U.S.C. § 104(a)(1)); and
The periodic payments must be of the character described in subparagraphs (A) and (B) of Internal Revenue Code Section 130(c)(2) (26 U.S.C. § 130(c)(2))) and must be payable by a person who:
Is a party to the suit or agreement or to a workers' compensation claim; or
By a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with Internal Revenue Code Section 130 (26 U.S.C. § 130).
The typical structured settlement arises and is structured as follows: An injured party (the claimant) settles a tort suit with the defendant (or its insurance carrier) pursuant to a settlement agreement that provides that, in exchange for the claimant's securing the dismissal of the lawsuit, the defendant (or, more commonly, its insurer) agrees to make a series of periodic payments over time. The insurer, a property/casualty insurance company, thus finds itself with a long-term payment obligation to the claimant. To fund this obligation, the property/casualty insurer generally takes one of two typical approaches: It either purchases an annuity from a life insurance company (an arrangement called a "buy and hold" case) or it assigns (or, more properly, delegates) its periodic payment obligation to a third party which in turn purchases an annuity (which arrangement is called an "assigned case").
In an unassigned case, the property/casualty insurer retains the periodic payment obligation and funds it by purchasing an annuity from a life insurance company, thereby offsetting its obligation with a matching asset. The payment stream purchased under the annuity matches exactly, in timing and amounts, the periodic payments agreed to in the settlement agreement. The property/casualty company owns the annuity Legal Structure names the claimant as the payee under the annuity, thereby directing the annuity issuer to send payments directly to the claimant. If any of the periodic payments are life-contingent (i.e., the obligation to make a payment is contingent on Legal Structure continuing to be alive), then the claimant (or whoever is determined to be the measuring life) is named as the annuitant or measuring life under the annuity.
In an assigned case, the property/casualty company does not wish to retain the long-term periodic payment obligation on its books. Accordingly, the property/casualty insurer transfers the obligation, through a legal device called a qualified assignment, to a third party. The third party, called an assignment company, will require the property/casualty company to pay it an amount sufficient to enable it to buy an annuity that will fund its newly accepted periodic payment obligation. If the claimant consents to the transfer of the periodic payment obligation (either in the settlement agreement or, failing that, in a special form of qualified assignment known as a qualified assignment and release), the defendant and/or its property/casualty company has no further liability to make the periodic payments. This method of substituting the obligor is desirable for property/casualty companies that do not want to retain the periodic payment obligation on their books. Typically, an assignment company is an affiliate of the life insurance company from which the annuity is purchased.
An assignment is said to be "qualified" if it satisfies the criteria set forth in Internal Revenue Code Section 130 [1]. Qualification of the assignment is important to assignment companies because without it the amount they receive to induce them to accept periodic payment obligations would be considered income for federal income tax purposes. If an assignment qualifies under Section 130, however, the amount received is excluded from the income of the assignment company. This provision of the tax code was enacted to encourage assigned cases; without it, assignment companies would owe federal income taxes but would typically have no source from which to make the payments.
Structured settlements have been endorsed by many of the nation's largest disability rights organizations, including the American Association of People with Disabilities [2] and the National Organization on Disability [3].
The United States definition of “structured settlement” for federal income taxation purposes, found in Internal Revenue Code Section 5891(c)(1) (26 U.S.C. § 5891(c)(1)), is an "arrangement" that meets the following requirements:
A structured settlement must be established by:
A suit or agreement for periodic payment of damages excludable from gross income under Internal Revenue Code Section 104(a)(2) (26 U.S.C. § 104(a)(2)); or
An agreement for the periodic payment of compensation under any workers’ compensation law excludable under Internal Revenue Code Section 104(a)(1) (26 U.S.C. § 104(a)(1)); and
The periodic payments must be of the character described in subparagraphs (A) and (B) of Internal Revenue Code Section 130(c)(2) (26 U.S.C. § 130(c)(2))) and must be payable by a person who:
Is a party to the suit or agreement or to a workers' compensation claim; or
By a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with Internal Revenue Code Section 130 (26 U.S.C. § 130).
The typical structured settlement arises and is structured as follows: An injured party (the claimant) settles a tort suit with the defendant (or its insurance carrier) pursuant to a settlement agreement that provides that, in exchange for the claimant's securing the dismissal of the lawsuit, the defendant (or, more commonly, its insurer) agrees to make a series of periodic payments over time. The insurer, a property/casualty insurance company, thus finds itself with a long-term payment obligation to the claimant. To fund this obligation, the property/casualty insurer generally takes one of two typical approaches: It either purchases an annuity from a life insurance company (an arrangement called a "buy and hold" case) or it assigns (or, more properly, delegates) its periodic payment obligation to a third party which in turn purchases an annuity (which arrangement is called an "assigned case").
In an unassigned case, the property/casualty insurer retains the periodic payment obligation and funds it by purchasing an annuity from a life insurance company, thereby offsetting its obligation with a matching asset. The payment stream purchased under the annuity matches exactly, in timing and amounts, the periodic payments agreed to in the settlement agreement. The property/casualty company owns the annuity Legal Structure names the claimant as the payee under the annuity, thereby directing the annuity issuer to send payments directly to the claimant. If any of the periodic payments are life-contingent (i.e., the obligation to make a payment is contingent on Legal Structure continuing to be alive), then the claimant (or whoever is determined to be the measuring life) is named as the annuitant or measuring life under the annuity.
In an assigned case, the property/casualty company does not wish to retain the long-term periodic payment obligation on its books. Accordingly, the property/casualty insurer transfers the obligation, through a legal device called a qualified assignment, to a third party. The third party, called an assignment company, will require the property/casualty company to pay it an amount sufficient to enable it to buy an annuity that will fund its newly accepted periodic payment obligation. If the claimant consents to the transfer of the periodic payment obligation (either in the settlement agreement or, failing that, in a special form of qualified assignment known as a qualified assignment and release), the defendant and/or its property/casualty company has no further liability to make the periodic payments. This method of substituting the obligor is desirable for property/casualty companies that do not want to retain the periodic payment obligation on their books. Typically, an assignment company is an affiliate of the life insurance company from which the annuity is purchased.
An assignment is said to be "qualified" if it satisfies the criteria set forth in Internal Revenue Code Section 130 [1]. Qualification of the assignment is important to assignment companies because without it the amount they receive to induce them to accept periodic payment obligations would be considered income for federal income tax purposes. If an assignment qualifies under Section 130, however, the amount received is excluded from the income of the assignment company. This provision of the tax code was enacted to encourage assigned cases; without it, assignment companies would owe federal income taxes but would typically have no source from which to make the payments.
What Is a Structured Settlement?
A structured settlement is a financial or insurance arrangement, including periodic payments, that a claimant accepts to resolve a personal injury tort claim or to compromise a statutory periodic payment obligation. Structured settlements were first utilized in Canada and the United States during the 1970s as an alternative to lump sum settlements. Structured settlements are now part of the statutory tort law of several common law countries including Australia, Canada, England and the United States. Although some uniformity exists, each of these countries has its own definitions, rules and standards for structured settlements. Structured settlements may include income tax and spendthrift requirements as well as benefits. Structured settlement payments are sometimes called “periodic payments.” A structured settlement incorporated into a trial judgment is called a “periodic payment judgment."
Sometimes when a plaintiff settles a case for a large sum of money, the defendant, the plaintiff’s attorney, or a financial planner consulted in association with the settlement, will propose paying the settlement in installments over time rather than in a single lump sum. When a settlement is paid in this manner it is called a “structured settlement”. Often the structured settlement will be created through the purchase of one or more annuities, which guarantee the future payments.
A structured settlement can provide for payment in pretty much any schedule the parties choose. For example, the settlement may be paid in annual installments over a number of years, or it may be paid in periodic lump sums every few years.
Sometimes when a plaintiff settles a case for a large sum of money, the defendant, the plaintiff’s attorney, or a financial planner consulted in association with the settlement, will propose paying the settlement in installments over time rather than in a single lump sum. When a settlement is paid in this manner it is called a “structured settlement”. Often the structured settlement will be created through the purchase of one or more annuities, which guarantee the future payments.
A structured settlement can provide for payment in pretty much any schedule the parties choose. For example, the settlement may be paid in annual installments over a number of years, or it may be paid in periodic lump sums every few years.
Mesothelioma Lawyers or Attorney
Mesothelioma is a form of cancer contracted by the inhalation or ingestion of asbestos fibers. The fibers in asbestos cause tumors in the lung and/or abdominal lining which, like any other form of cancer, is ultimately fatal unless treated properly. The common causes of death are internal bleeding or hemorrhage from the tumors, or cardiac arrest from the buildup of bodily fluids secreted by the body’s immune system in an attempt to combat the tumors.
A majority of those people who contract mesothelioma are in their middle to late years in life, since the symptoms manifest only after 20 to 50 years after exposure. For this reason, the number of cases of diagnosed mesothelioma patients has been steadily growing, due to the fact that asbestos was mainly in use for most industrial work during the 1970s and 1980s.
To help the afflicted victims of asbestos induced cancer, certain law firms and lawyers have begun to specialize in cases of mesothelioma. More often than not, companies in the past were aware of the adverse effects of asbestos fibers on the human body, yet failed to take proper precaution with their workers.
In cases like these, the injured patients are assisted by the lawyers or firms in finding out exactly (or approximately) when and from which source they contracted mesothelioma. A properly presented and defended case can bring in millions of dollars by way of compensation for the injured parties.
Aside from work related cases, there have also been cases where careless demolition of houses and buildings which had asbestos in the foundations and walls (in an attempt at fireproofing) were also revealed to introduce large quantities of airborne asbestos fibers which causes nearby residents mesothelioma. Again, these cases can be traced by these law firms and won in a court of law with proper presentation.
Then there are also law firms which specialize in malpractise suits against doctors which used “alternative” (meaning unproven) methods of treatment for mesothelioma. The common accepted method of treating mesothelioma is to use heat/laser surgery and chemotherapy in tandem to burn out the tumors without damaging the healthy body cells. The alternative methods include medicines to boost the body’s immune and regenerative systems as well as alternative diets and exercise.
Classic tumor removal surgery for cancer is actually ineffective against mesothelioma, and has led to patents dying after an apparently successful operation. The maximum life span after an operation is set at around 5 years. Again, conducting regular surgery to treat mesothelioma can also lead to a malpractise suit.
Another type of law suit that mesothelioma law firms and lawyers can pursue is negligence. While not as severe as a malpractise suit, it can still be damaging to a doctor’s career and can bring in a fairly decent amount in compensation if the case is won.
The reason for this type of case is that mesothelioma symptoms are actually quite similar in nature to any number of relatively harmless disorders, including common old age maladies, asthma, and indigestion. When these regular treatments fail, a good doctor should recommend an x ray, and these will reveal the presence of tumors in the lungs or stomach. Some doctors, however, will simply write off the current treatments as ineffective and prescribe another set of medicines instead of choosing an x ray, and this leads to the true problem being undiagnosed.
These are some of the major common cases handled by mesothelioma lawyers and law firms, and their credo is to help their clients find justice against the parties which have wronged them. While they cannot directly do anything to cure the mesothelioma, they can at least see to it that justice is served and compensation for the injury is recovered, and the money gained from the law suits can go a long way towards helping their clients get proper treatment.
Lastly, it is advised by mesothelioma lawyers that as soon as a person is diagnosed with it they contact a lawyer as soon as possible, since there is a short statute of limitations for filing a case of mesothelioma. The lawyers can then proceed to do their initial research to determine if the injured party has a solid case and enough evidence to make a successful claim in a court of law. If the answer is yes, then a case can be filed and everything proceeds from there.
For more complete information on mesothelioma please go to: http://freemesotheliomalawyer.com/lawyers-attorney-for-mesothelioma/ http://freemesotheliomalawyer.com www.drnathaliefiset.com
A majority of those people who contract mesothelioma are in their middle to late years in life, since the symptoms manifest only after 20 to 50 years after exposure. For this reason, the number of cases of diagnosed mesothelioma patients has been steadily growing, due to the fact that asbestos was mainly in use for most industrial work during the 1970s and 1980s.
To help the afflicted victims of asbestos induced cancer, certain law firms and lawyers have begun to specialize in cases of mesothelioma. More often than not, companies in the past were aware of the adverse effects of asbestos fibers on the human body, yet failed to take proper precaution with their workers.
In cases like these, the injured patients are assisted by the lawyers or firms in finding out exactly (or approximately) when and from which source they contracted mesothelioma. A properly presented and defended case can bring in millions of dollars by way of compensation for the injured parties.
Aside from work related cases, there have also been cases where careless demolition of houses and buildings which had asbestos in the foundations and walls (in an attempt at fireproofing) were also revealed to introduce large quantities of airborne asbestos fibers which causes nearby residents mesothelioma. Again, these cases can be traced by these law firms and won in a court of law with proper presentation.
Then there are also law firms which specialize in malpractise suits against doctors which used “alternative” (meaning unproven) methods of treatment for mesothelioma. The common accepted method of treating mesothelioma is to use heat/laser surgery and chemotherapy in tandem to burn out the tumors without damaging the healthy body cells. The alternative methods include medicines to boost the body’s immune and regenerative systems as well as alternative diets and exercise.
Classic tumor removal surgery for cancer is actually ineffective against mesothelioma, and has led to patents dying after an apparently successful operation. The maximum life span after an operation is set at around 5 years. Again, conducting regular surgery to treat mesothelioma can also lead to a malpractise suit.
Another type of law suit that mesothelioma law firms and lawyers can pursue is negligence. While not as severe as a malpractise suit, it can still be damaging to a doctor’s career and can bring in a fairly decent amount in compensation if the case is won.
The reason for this type of case is that mesothelioma symptoms are actually quite similar in nature to any number of relatively harmless disorders, including common old age maladies, asthma, and indigestion. When these regular treatments fail, a good doctor should recommend an x ray, and these will reveal the presence of tumors in the lungs or stomach. Some doctors, however, will simply write off the current treatments as ineffective and prescribe another set of medicines instead of choosing an x ray, and this leads to the true problem being undiagnosed.
These are some of the major common cases handled by mesothelioma lawyers and law firms, and their credo is to help their clients find justice against the parties which have wronged them. While they cannot directly do anything to cure the mesothelioma, they can at least see to it that justice is served and compensation for the injury is recovered, and the money gained from the law suits can go a long way towards helping their clients get proper treatment.
Lastly, it is advised by mesothelioma lawyers that as soon as a person is diagnosed with it they contact a lawyer as soon as possible, since there is a short statute of limitations for filing a case of mesothelioma. The lawyers can then proceed to do their initial research to determine if the injured party has a solid case and enough evidence to make a successful claim in a court of law. If the answer is yes, then a case can be filed and everything proceeds from there.
For more complete information on mesothelioma please go to: http://freemesotheliomalawyer.com/lawyers-attorney-for-mesothelioma/ http://freemesotheliomalawyer.com www.drnathaliefiset.com
Patriot Settlement Resources
Is committed to providing cash solutions to people whose financial situation requires them to access future payments now. Our guarantee is to give you the best value for your Structured Settlement, Annuity, or Lottery Award. Our experience in the settlement industry has given us the reputation and capability to respond to a growing demand. We have relationships with financial institutions that provide us with a virtually unlimited source of funds for your cash needs.
Most importantly, we pride ourselves as being the most customer friendly oriented company of it’s kind in the industry. We know our strength lies in our ability to understand and meet your cash needs. That’s why we promise to treat you with the same integrity, honesty, and respect as if your situation were our own. We will purchase only what is necessary to help you meet your cash needs.
Structured Settlement Company is an Internet resource directory to help you lookup and find your structured settlement information.
We provide a free directory search and lookup with unparalleled levels of speed, simplicity and accuracy. Our powerful database allows people to research insurance settlement web sites.
Our company is dedicated to the mission of providing the best structured settlement results on the Internet. Thank you.
Most importantly, we pride ourselves as being the most customer friendly oriented company of it’s kind in the industry. We know our strength lies in our ability to understand and meet your cash needs. That’s why we promise to treat you with the same integrity, honesty, and respect as if your situation were our own. We will purchase only what is necessary to help you meet your cash needs.
Structured Settlement Company is an Internet resource directory to help you lookup and find your structured settlement information.
We provide a free directory search and lookup with unparalleled levels of speed, simplicity and accuracy. Our powerful database allows people to research insurance settlement web sites.
Our company is dedicated to the mission of providing the best structured settlement results on the Internet. Thank you.
Turn Your Structured Settlement Installments Into Cash
Structured settlements are funded by annuities. These single premium annuities are purchased to provide a predetermined cash payment stream to the payee. These annuities have similarities to investment annuities in that they are typically backed by an insurance company and provide for a long term payment stream.
In order to sell an annuity settlement, often you must receive judicial approval. If you are the recipient of an income stream you must determine whether the asset for the cash flow is an investment annuity or a structured settlement annuity.
Why wait for your annuity settlement money? Why settle for the restrictions imposed by your deferred payment schedule? We’re SettlementToCash.com and we specialize in the purchase of annuities and future installment payments from structured settlements. Request a Free Quote to have us purchase your settlement payments today.
We can individually tailor your deal and purchase your future annuity or settlement payments with:
One lump sum, cash payout
Or a comfortable series of cash payments
If you prefer an alternative to the purchase of your structured annuity, we also offer a more flexible deferred payment plan for your settlement payments.
When Should I Use A Structured Settlement?
Fixed annuities and structured settlements have been successful as a means to settle damage liabilities in numerous circumstances - some of which include:
Personal Injury or Physical Injury: In example, if you were injured in a car accident, received a physical injury or suffered from medical malpractice. Your structured settlement compensation can be in the form of a fixed annuity payment.
Worker's Compensation: If you have a claim because your were injured on the job or have a job related physical injury directly related to employment. A structured settlement agreement can help you receive the monies you are due and make it easier for your employer to make the liability payments.
Environmental Claims: If you have been exposed to toxic spills, illegal pollutants or the subsequent clean up efforts of the environmental hazard. Frequently structured settlements can be used for those injured, or even in a class action settlement.
Attorney Fees: If you may need to structure attorney fees regardless of any other structuring in the clients case.
What Are Some Of The Reasons A Structured Settlement Will Work For My Case?
Through negotiations, a structured settlement will listen to and incorporate the needs of all parties involved.
Through the use of a structured settlement negative externalities are often eliminated, resulting in a maximum benefit for the plaintiff and a quick settlement with low litigation costs for the defendant.
Also, because fixed annuity payments are income tax-free to the plaintiff, there are desirable tax benefits associated with structured settlements. For the defendant, liability can often be removed from the books.
in many cases it is also preferable and beneficial to the plaintiff to obtain a guaranteed payment stream as opposed to a lump sum.
In order to sell an annuity settlement, often you must receive judicial approval. If you are the recipient of an income stream you must determine whether the asset for the cash flow is an investment annuity or a structured settlement annuity.
Why wait for your annuity settlement money? Why settle for the restrictions imposed by your deferred payment schedule? We’re SettlementToCash.com and we specialize in the purchase of annuities and future installment payments from structured settlements. Request a Free Quote to have us purchase your settlement payments today.
We can individually tailor your deal and purchase your future annuity or settlement payments with:
One lump sum, cash payout
Or a comfortable series of cash payments
If you prefer an alternative to the purchase of your structured annuity, we also offer a more flexible deferred payment plan for your settlement payments.
When Should I Use A Structured Settlement?
Fixed annuities and structured settlements have been successful as a means to settle damage liabilities in numerous circumstances - some of which include:
Personal Injury or Physical Injury: In example, if you were injured in a car accident, received a physical injury or suffered from medical malpractice. Your structured settlement compensation can be in the form of a fixed annuity payment.
Worker's Compensation: If you have a claim because your were injured on the job or have a job related physical injury directly related to employment. A structured settlement agreement can help you receive the monies you are due and make it easier for your employer to make the liability payments.
Environmental Claims: If you have been exposed to toxic spills, illegal pollutants or the subsequent clean up efforts of the environmental hazard. Frequently structured settlements can be used for those injured, or even in a class action settlement.
Attorney Fees: If you may need to structure attorney fees regardless of any other structuring in the clients case.
What Are Some Of The Reasons A Structured Settlement Will Work For My Case?
Through negotiations, a structured settlement will listen to and incorporate the needs of all parties involved.
Through the use of a structured settlement negative externalities are often eliminated, resulting in a maximum benefit for the plaintiff and a quick settlement with low litigation costs for the defendant.
Also, because fixed annuity payments are income tax-free to the plaintiff, there are desirable tax benefits associated with structured settlements. For the defendant, liability can often be removed from the books.
in many cases it is also preferable and beneficial to the plaintiff to obtain a guaranteed payment stream as opposed to a lump sum.
Structured Settlement
Millions of Americans are injured in accidents each year — often the injured opt for compensation through a structured settlement. This type of settlement provides a stream of payments over many years.
While this option works well for some, many people find that they need larger sums of cash in the near term to pay for things such as college tuition for a family member, a down payment for the purchase of a home, debt reduction, medical expenses, or perhaps to start a business.
That’s where J.G. Wentworth steps in. Thousands of individuals contact us every month to inquire about selling some or all of their monthly payments for a lump sum. For some, selling their structured settlement payments is not the best option; for others it clearly is. J.G. Wentworth’s team of experienced representatives will work with clients to customize options tailored to each individual’s needs.
J.G. Wentworth has, by far, the most experience purchasing structured settlement payments from consumers, with a customer base that is much larger than any competitor, and over $2 billion in payment transfers.
Structured Settlement: Structured settlements are a legal method of compensating injury victims. A structured settlement is a voluntary agreement reached between two parties, typically in a law suit, under which the injured person is compensated for damages via a cash flow stream of payments purchased for the plaintiff on behalf of the defendant.
Who sets up a Structured Settlement? A structured settlement may be agreed to privately, in mediation or arbitration, in a pretrial settlement or it may be required by a court order. Often an attorney draws up the necessary structured settlement paperwork so that the injured party can be compensated.
How can I sell my Structured Settlement for a lump sum payment? You can find a structured settlement broker or structured settlement company to purchase and buy your Structured Settlement, Insurance Annuity, Lottery Winnings, Royalty Payments or Inheritance if you want to sell your structured settlement.
Structured settlements are a method of compensating injury victims. A structured settlement is a voluntary agreement reached between two parties, typically a plaintiff and a defendant, under which the injured person is compensated for damages in the form of a stream of periodic cash payments purchased for the plaintiff on behalf of the defendant. Structured Settlements are a completely voluntary agreement between the injury victim and the defendant.
While this option works well for some, many people find that they need larger sums of cash in the near term to pay for things such as college tuition for a family member, a down payment for the purchase of a home, debt reduction, medical expenses, or perhaps to start a business.
That’s where J.G. Wentworth steps in. Thousands of individuals contact us every month to inquire about selling some or all of their monthly payments for a lump sum. For some, selling their structured settlement payments is not the best option; for others it clearly is. J.G. Wentworth’s team of experienced representatives will work with clients to customize options tailored to each individual’s needs.
J.G. Wentworth has, by far, the most experience purchasing structured settlement payments from consumers, with a customer base that is much larger than any competitor, and over $2 billion in payment transfers.
Structured Settlement: Structured settlements are a legal method of compensating injury victims. A structured settlement is a voluntary agreement reached between two parties, typically in a law suit, under which the injured person is compensated for damages via a cash flow stream of payments purchased for the plaintiff on behalf of the defendant.
Who sets up a Structured Settlement? A structured settlement may be agreed to privately, in mediation or arbitration, in a pretrial settlement or it may be required by a court order. Often an attorney draws up the necessary structured settlement paperwork so that the injured party can be compensated.
How can I sell my Structured Settlement for a lump sum payment? You can find a structured settlement broker or structured settlement company to purchase and buy your Structured Settlement, Insurance Annuity, Lottery Winnings, Royalty Payments or Inheritance if you want to sell your structured settlement.
Structured settlements are a method of compensating injury victims. A structured settlement is a voluntary agreement reached between two parties, typically a plaintiff and a defendant, under which the injured person is compensated for damages in the form of a stream of periodic cash payments purchased for the plaintiff on behalf of the defendant. Structured Settlements are a completely voluntary agreement between the injury victim and the defendant.
Purchase Annuity and Structured Settlement
A financial contract between an insurance company and an individual is known as annuity. If you are in need of immediate cash to pay off your debts or meet your medical bills, there are options to encash your annuity. To know more about selling annuity and structured settlement, read on…
When a person meets with an accident, his insurance company gives him a choice. He can chose between a lump sum, or a series of future payments to pay out his medical bills. This form of settlement called structured settlement has become very popular in the last decade. The insurers have marketed the structured settlement as a cost-effective settlement tool.
Structured Settlement Annuity
An agreement or the deal for a periodic payment of compensation to the accident victim or a sick is known as structured settlement. An insurance company makes the payment. The victim can either opt for receiving a stipulated sum at regular intervals or a lump sum.
A payment of fixed amount of money at regular intervals is known as annuity. When a structured settlement is awarded by a lawsuit, the insurance company buys an annuity. The annuity pays an interest on the principal amount for the agreed period of time. This is one of the reasons why structured settlement is also known as the structured settlement annuity. However, if the recipient of the structured settlement is badly in need of money, the structured settlement can be exchanged for entire lump sum or for a part of the recipient’s future annuity payments.
Is it Possible to Sell Annuity and Structured Settlement Payment for Cash?
It is possible to sell annuity and structured settlement payment for cash. You should be aware of the fact that structured settlement is specifically designed to meet your financial obligations over a period of time. However, if you are facing a situation where you are in need of lump sum of cash, then you can sell your annuity or your structured settlement. This arrangement helps in meeting your immediate financial needs. A noteworthy point is you can sell either a part of your annuity/settlement structure or all of it
You should also be aware of the fact, you can sell your structured settlement to pay your annuity. Selling structured settlement to pay off annuity is a complex process. It is advisable to get an assistance of a structured settlement specialist. When you are selling your structured settlement to a private lending institution, it is advisable to do a background check on that financial institution. This is an important step to be taken before you actually start the process of selling structured payment for cash.
Few Tips to Sell Annuity and Structured Settlement Payment for Cash
Keep in mind the following tips when you plan to sell annuity or the structured settlement payment in return for the cash.
Before you plan to sell your annuity and structured settlement, you should have an idea of how much amount of cash you would require. You can sell your annuity and structured settlement to pay off your medical expenses, tuition fees or clear whole or part of your debts. You can sell their annuity to invest in stocks and shares.
Prior to approaching a note investor or financial institution, you have to document the details of your structured settlement. The reason is the private financial institution you are approaching would require details of the life insurance company that is backing your annuity, amount of each payment, the date of payment and also how many payments are remaining.
The note investor or the financial institution would determine the current value of your structured settlement. The investor determines the value of your structured settlement when you provide him with the details such as amount of money required and also how many payments you wish to sell.
Once the investor reviews the information you have provided, he will call you for a discussion regarding the payment options. Apart from that the investors who deal with structured settlements have access to various annuity buyers. An annuity buyer would offer the best deal for your annuity payments.
The entire process of selling the annuity and structured settlement would approximately take 10 to 12 working days to complete. It is wise to clarify your doubts during the initial stages of the process.
Remember that the whole process of selling annuity and the structured settlement is a complex process. You have to scrutinize the note investor or the private financial institution before approaching them. Take the help of a professional prior to making a decision. The specialists in structured settlement and annuity selling would be in a position to clarify your doubts and also give you the required advices.
Purchase Structured Settlement
It pays to have a payment agreement that works for both parties, when an understanding goes sour and the matter is taken up at court. Once a structured settlement is ruled and steps in, the periodic payment helps the wounds heal faster!
Implications of structured settlements:
The legislatures at state and federal level have realized the importance of structured settlement laws and regulations. While the Internal Revenue Code works at the federal level to ensure the application of structured settlement laws, the state structured settlement laws are taken care of via structured settlement protection statutes and structured settlement payments of judgment statutes that are made periodically. Even the medicare regulations exert a major impact on structured settlements and in order to ensure the benefits, structured settlement payments are now being incorporated within the special ‘Set Aside Arrangements’ and ‘Special Needs Trusts’. This mode of settlement ahs been endorsed by many disability rights organizations, to make it easier on the special needs of the beneficiaries under their care.
The ’structured settlements’ arrangement:
The meaning of structured settlements have been clearly defined and explained to meet the application requirements for federal income taxation. It has been understood as an arrangement that must be established via an agreement for periodic payment towards damages that are not included within the established ‘excludables’ of the gross income under the legislation applicable in the Internal Revenue Code. It is viewed as an agreement or arrangement for the segmented or periodic payment of compensation, with regards to workers’ compensation law that is not included as per the Internal Revenue Code. Structured settlements are payable by an entity who is part of the suit or agreement or a claim to workers’ compensation. It is applicable to a person who has taken on the liability involved in segmented payments, in accordance with Internal Revenue Code.
The legal implications in a structured settlement:
The legal implications in a structured settlement typically involve the request for a structured settlement by the injured party, who is also the claimant, who agrees to a settlement with the defendant or the insurance carrier, in order to dismiss the existent lawsuit in return for a series of periodic or pre-set segmented payments over a stipulated period of time. Under such an agreement, the insurer ends up with a long term payment obligation towards the claimant. In order to fund the established obligation, the insurer can adotp any of the two approach roads. The insurer can either purchase an annuity from some life insurance company or assign and delegate the accepted periodic payment obligation to some third party. The latter is referred to as an ‘Assigned case’.
Understanding the ‘assigned case’ of a structured settlement:
In an assigned case, the company basically prefers to refrain from the long term segmented periodic payment obligation issued and accepted within the paradigms of law. Accordingly, the insurer transfers this obligation via a ‘qualified assignment’ to some third party or the ‘assignment company’. The assignment company, which most of the time is the life insurance company from which the annuity is purchased, requires the company to make a payment towards its securing an annuity to fund the periodic payment obligation. However, if the claimant agrees to the transfer of the segmented payment obligation, then the defendant and the company do not bear the liability of payment. The ‘assigned case’ method is sought by companies that do not wish to carry the periodic payment obligation. on their books.Understanding the ‘unassigned case’ of a structured settlement:
In an unassigned case, the insurer bears the periodic or segmented payment obligation issued by law and takes care of the obligation by purchasing an annuity from a life insurance company. The annuity works like an asset that helps the company to fulfill its obligation. The payment option agreed upon with the purchase of the annuity is exact to the legal acceptance, with regard to time and amount. The property or casualty company owns the annuity and declares the claimant as the payee, making arrangements for the stipulated payments to be sent directly to the claimant. In the case of the segmented payment option being dependent on someone continuing to be alive, then the claimant becomes the ‘measuring life’ under the annuity.
Implications of structured settlements:
The legislatures at state and federal level have realized the importance of structured settlement laws and regulations. While the Internal Revenue Code works at the federal level to ensure the application of structured settlement laws, the state structured settlement laws are taken care of via structured settlement protection statutes and structured settlement payments of judgment statutes that are made periodically. Even the medicare regulations exert a major impact on structured settlements and in order to ensure the benefits, structured settlement payments are now being incorporated within the special ‘Set Aside Arrangements’ and ‘Special Needs Trusts’. This mode of settlement ahs been endorsed by many disability rights organizations, to make it easier on the special needs of the beneficiaries under their care.
The ’structured settlements’ arrangement:
The meaning of structured settlements have been clearly defined and explained to meet the application requirements for federal income taxation. It has been understood as an arrangement that must be established via an agreement for periodic payment towards damages that are not included within the established ‘excludables’ of the gross income under the legislation applicable in the Internal Revenue Code. It is viewed as an agreement or arrangement for the segmented or periodic payment of compensation, with regards to workers’ compensation law that is not included as per the Internal Revenue Code. Structured settlements are payable by an entity who is part of the suit or agreement or a claim to workers’ compensation. It is applicable to a person who has taken on the liability involved in segmented payments, in accordance with Internal Revenue Code.
The legal implications in a structured settlement:
The legal implications in a structured settlement typically involve the request for a structured settlement by the injured party, who is also the claimant, who agrees to a settlement with the defendant or the insurance carrier, in order to dismiss the existent lawsuit in return for a series of periodic or pre-set segmented payments over a stipulated period of time. Under such an agreement, the insurer ends up with a long term payment obligation towards the claimant. In order to fund the established obligation, the insurer can adotp any of the two approach roads. The insurer can either purchase an annuity from some life insurance company or assign and delegate the accepted periodic payment obligation to some third party. The latter is referred to as an ‘Assigned case’.
Understanding the ‘assigned case’ of a structured settlement:
In an assigned case, the company basically prefers to refrain from the long term segmented periodic payment obligation issued and accepted within the paradigms of law. Accordingly, the insurer transfers this obligation via a ‘qualified assignment’ to some third party or the ‘assignment company’. The assignment company, which most of the time is the life insurance company from which the annuity is purchased, requires the company to make a payment towards its securing an annuity to fund the periodic payment obligation. However, if the claimant agrees to the transfer of the segmented payment obligation, then the defendant and the company do not bear the liability of payment. The ‘assigned case’ method is sought by companies that do not wish to carry the periodic payment obligation. on their books.Understanding the ‘unassigned case’ of a structured settlement:
In an unassigned case, the insurer bears the periodic or segmented payment obligation issued by law and takes care of the obligation by purchasing an annuity from a life insurance company. The annuity works like an asset that helps the company to fulfill its obligation. The payment option agreed upon with the purchase of the annuity is exact to the legal acceptance, with regard to time and amount. The property or casualty company owns the annuity and declares the claimant as the payee, making arrangements for the stipulated payments to be sent directly to the claimant. In the case of the segmented payment option being dependent on someone continuing to be alive, then the claimant becomes the ‘measuring life’ under the annuity.
