CIVIL MATTER BENEFITS

As stated previously, the benefits of the Legal Services Fund are divided into three categories:  General Matters, Civil Matters, and Criminal Matters.  This section describes the specific benefits within the Civil Matter category.  In addition to the Last Will and Testament Benefit, all covered members are entitled to three Civil Matter Benefits each year.

Last Will and Testament Benefit

Who is Eligible

Any covered member, his/her spouse/domestic partner (if agreeable to the member), the member’s parents and the parents of the member’s spouse/domestic partner (if agreeable to the member) are entitled to this benefit.

What is the Benefit

This benefit provides a covered member, his/her spouse, parent(s) and parent(s) in-law with the opportunity to have a Last Will and Testament prepared and executed under the supervision of an attorney from the panel law firm at no out-of-pocket expense. This benefit is provided without charge, once every twelve (12) months.

How to Obtain the Benefit

To obtain the Last Will and Testament Benefit, either you (on behalf of yourself, your parent(s) or your parent(s)-in-law) or your spouse/domestic partner should contact the Legal Services Fund Office to request an appointment.  If both you and your spouse/domestic partner desire a will, it is recommended that you make appointments together. At the time of the appointment, you and an attorney from the panel law firm will complete the appropriate form.

Living Will/Health Care Proxy Benefit

Who is Eligible

You are eligible if you are a covered member, a covered member’s spouse/domestic partner, a covered member’s parent(s) and/or a covered member’s parent(s)-in-law. If you have a child who is eighteen (18) years of age or older, you can have a healthcare proxy form prepared for them, provided they designate you, the covered member as their proxy.

What is the Benefit

This benefit provides you, your spouse/domestic partner, your parent(s) and/or your parent(s)-in-law with the opportunity to have a living will or health care proxy prepared and executed under the supervision of an attorney from the panel law firm. This benefit is provided once every twelve (12) months at no cost. 

A living will and/or health care proxy serves as a clear documented  expression of an individual’s carefully considered intention regarding the use of certain life-sustaining procedures if he or she were to suffer a catastrophic illness, disease or injury.

How to Obtain the Benefit

To obtain the Living Will/Health Care Proxy Benefit, either you or your spouse/domestic partner should contact the Fund to request an appointment.  If both you and your spouse/domestic partner desire a living will and/or health care proxy, it is recommended that you make an appointment together.  At the time of the appointment, you and an attorney from the panel law firm will complete the appropriate forms.

Power of Attorney Benefit

Who is Eligible

You are eligible if you are a covered member, a covered member’s spouse/domestic partner, a covered member’s parent(s) and/or parents(s)-in-law (if agreeable to the member). If you have a child who is eighteen (18) years of age or older, you can have a power of attorney form prepared for them, provided they designate you, the covered member as their attorney-in-fact.

What is the Benefit

This benefit provides you and/or your spouse/domestic partner/parent(s)/parent(s)-in-law with an opportunity to consult with an attorney from the panel law firm regarding the preparation of powers of attorney. This benefit is offered at no cost to you.

A Power of Attorney is a document by which one person, known as the Principal, appoints another as his or her Agent, known as the Attorney-in-fact, and confers upon that Agent certain power and authority, as is set forth in the Power of Attorney. It can be effective immediately upon the signing of the Power of Attorney and can grant a broad range of power and authority – this is known as the General Power of Attorney. If it grants only specific powers, then it is known as the Limited Power of Attorney. It can remain effective if the principal becomes disabled and can no longer handle his or her affairs – this is known as a Durable Power of Attorney. Or it can become effective upon the happening of a specified event to occur in the future, such as the Principal becoming disabled – this is known as a Springing Power of Attorney.

How to Obtain the Benefit

To obtain the Power of Attorney Benefit, you should contact the Fund to request an appointment. At the time of the appointment, you and an attorney from the panel law firm will complete the appropriate forms.

Appointment of Agent to Control Disposition of Remains Benefit

Who is Eligible

 Any covered member, covered member’s spouse/domestic partner, covered member’s parent(s) and/or parent(s)-in-law.

What is the Benefit

This benefit provides you, your spouse/domestic partner, your parent(s), and/or parent(s)-in-law with the opportunity to have an Appointment of Agent to Control Disposition of Remains document prepared and executed under the supervision of an attorney from the panel law firm.

An Appointment of Agent to Control Remains serves as a clear documented designation of a burial agent and expression of special directions of how the individual’s burial is to be accomplished. The Fund makes this benefit available at no charge to member. 

How is the Benefit Obtained

To obtain the Appointment of Agent to Control Disposition of Remains benefit, simply contact the Fund to request an appointment. At the time of your appointment, you and an attorney from the panel law firm will complete the appropriate forms.

Designation of Person in Parental Relation Benefit

Who is Eligible

You are eligible if you are a covered member.

What is the Benefit

This benefit provides the covered member with the  opportunity to have a Designation of Person in Parental Relation (“Designation”) prepared and executed under the supervision of an attorney from the panel law firm.

A Designation designates another person (the “Designee”) as a person in parental relation to a minor or incapacitated person to act on his/her/their behalf in matters relating to education and health care. The Designation is  a very useful document for parents who must leave their child with a caregiver for a limited period of time. If drafted properly, the Designation will be valid for up to 6 months.

Note: With respect to a covered member who wishes to be named Designee, an attorney from the panel law firm will provide a special consultation to confirm that the Designation has been drafted in compliance with the law.

How to Obtain the Benefit

To obtain the Designation of Person in Parental Relation Benefit, you should contact the Fund to request an appointment. At the time of the appointment, you and an attorney from the panel law firm will complete the appropriate forms.

Legal Defense Benefit

Who is Eligible

Any covered member who is a defendant in a situation involving his/her rights in defending a claim and has had a legal action* started against him/her.

What is the Benefit

The Fund provides coverage through a panel law firm for all necessary legal services arising from the defense of a lawsuit or proceeding commenced against a covered member in courts and administrative agencies. The following are only examples of some of the courts and agencies in which the Fund provides coverage under the

Legal Defense Benefit:

United States District Court for the Eastern and Southern Districts of New York; United States Customs Court; Supreme, Surrogate’s, Civil, and County Courts of New York, Brooklyn, Queens, Richmond, Bronx, Nassau, Suffolk, Westchester, and Rockland Counties; District and Superior Courts for Bergen, Hudson, Essex, Union, and Middlesex Counties in northern New Jersey; administrative agencies and bureaus including Parking Violations Bureau; Motor Vehicle Bureau; Unemployment Insurance Division and Appeal Board; Division of Alcohol & Beverage Control, and Social Security Administration.

*Please note that specific matters such as Legal Separation, Divorce Proceeding, Annulment Proceeding, Family Court, Custody, Adoption, Personal Bankruptcy, Change of Name, Estates and Administration, and Homeowner Rights are described under the specific sections for those benefits.

The Legal Defense Benefit provides, for example, attorney representation against a lawsuit alleging breach of contract or against lawsuits involving Tenant’s Rights, Garnishment or Medical Expense Claims.  A covered member’s problem may be successfully resolved after consultation with a panel attorney or it may necessitate the steps leading to and including defense in a litigation or before an administrative agency.

The following schedule indicates the possible legal services and the amount to be paid by the member at each stage:

 If the Legal Defense Benefit is
concluded at the consultation stage there is no cost to the member.
However, if the Legal Defense Benefit is concluded at the pre-litigation stage,
the cost to the member is $10; if the Legal Defense must enter the litigation
stage, the cost to the member is an additional $35.  Hence, the total cost
to the member for a Legal Defense Benefit that reaches litigation is $45 ($10 +
$35).

How to Obtain the Benefit

To obtain this benefit, contact the
Legal Services Fund Office to request an appointment.  At the time of your
appointment, you and an attorney from a panel law firm will complete the
appropriate form.

Appeals Benefit

Who is Eligible

Any covered member is entitled to
the Appeals Benefit.

What is the Benefit

A covered member will be provided
with an attorney from a panel law firm in connection with the prosecution or
defense of any appeal that is considered a legally appropriate course of action
after review by a panel attorney.  An appeal can be from a final determination
in any civil action in either a court of law or administrative agency.
This benefit is available to you whether or not you used an attorney from the
Fund’s panel law firm in the original action.

This benefit provides legal
representation for appeals to the following courts:

Appellate Term; an Appellate
Division; First and Second Department of the Supreme Court of the State of New
York; the New York State Court of Appeals; the United States Court of Appeals
for Second Circuit (which has jurisdiction over matters adjudicated in the U.S.
District Courts for the Southern and Eastern Districts of New York); Appellate
Divisions of the Superior Court of New Jersey for matters arising from northern
New Jersey state courts; the United States Court of Appeals for the Third
Circuit for matters arising from the United States District Court of New Jersey
(Newark); and the United States Supreme Court.

The amount to be paid by the member
varies with the particular appellate court.  In addition, the member is
obligated to pay a small portion of the cost of printing the Record on Appeal.

In addition to this cost, the member pays 25% up to maximum of $150 of the costs associated with printing the Record on Appeal.

How to Obtain the Benefit

Because of the very high cost of initiating appeals, this extraordinary benefit will be provided only when an appeal action would, in fact, be legally appropriate.  An attorney from the panel law firm will review the matter to assess the potential appeal action before the Fund provides this benefit. Therefore, contact the Fund Office and arrangements will be made for a review of all relevant material by a panel attorney.

Legal Separation Benefit

Who is Eligible

Any covered member who desires to seek a separation from his or her spouse by means of a separation agreement mutually agreed upon by the parties, or any covered member who is a Defendant or Plaintiff in a legal separation action.

What is the Benefit

A separation may be of two types: Uncontested Separation, and Contested Separation.

(1) Uncontested Separation: The Fund provides coverage through a panel law firm for all necessary legal services which the preparation and negotiation of a Separation Agreement may require. The Separation Agreement may be prepared and executed with a minimum of consultation, or it may necessitate extensive negotiation with opposing counsel or spouse if he/she is not represented by counsel. The following schedule indicates the possible legal services and the amount to be paid by the member in each circumstance:

(2) Contested Separation: Where the parties cannot agree upon the terms of a Separation Agreement, the dispute between them is determined by an action in court for a legal separation. The following schedule indicates the possible legal services in a Contested Separation and the amount to be paid by the member in each circumstance:

 How To Obtain The Benefit

To obtain the Legal Separation Benefit, contact the Legal Services Fund Office to request an appointment. At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Divorce Proceeding Benefit

Who is Eligible

Any covered member who is a Defendant or a Plaintiff in this action.

What is the Benefit

Divorce proceedings may be categorized as Uncontested or Contested. The Fund provides coverage for all steps of the legal process in both categories of divorce proceedings up to and including granting a judgment of divorce.  The following schedule indicates the possible legal services and the amount to be paid by the member in each circumstance:

How to Obtain the Benefit

To obtain the Divorce Proceeding Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Note: There is a co-payment of $112.50 per hour for the Contested Divorce benefit after the completion of twenty (20) hours of attorney service.  This co-payment represents a 75% reduction of the $450 per hour rate for attorney services in contested divorce matters. This co-payment must be paid by a covered member after completion of twenty (20) hours of attorney services in the sum of $787.50, which covers and provides seven (7) additional hours of services.  After payment of the initial $787.50 fee and exhaustion of the first seven (7) hour block of time, an additional $787.50 fee must be paid in advance of the panel law firm’s working each additional seven (7) hours on the particular case.

Annulment Proceeding Benefit

Who is Eligible

Any covered member who is a Defendant or a Plaintiff in this action.

What is the Benefit

Annulment proceedings may be categorized as Uncontested or Contested.  The Fund provides coverage for all steps of the legal process in both categories of annulment proceedings.

The following schedule indicates the possible legal services and the amount to be paid by the member in each circumstance:

 How to Obtain the Benefit

To obtain the Annulment Proceeding Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Family Court Benefit

Who is Eligible

Any covered member who is a Defendant or a Plaintiff in an appropriate Family Court Action.

What is the Benefit

Included for coverage under the Legal Services Fund Family Court Benefit is the following:  Prosecution or defense of actions and proceedings involving maternity, paternity, non-support or modification of order relating thereto.  The Fund provides coverage through a panel law firm for all necessary legal services in these matters.  A problem in the Family Court area may be successfully resolved after consultation with the panel attorney, or it may necessitate instituting preliminary proceedings which will result in actual Court litigation.  The following schedule indicates the possible legal services and the amount to be paid by the member of each stage:

If the Family Court Benefit is concluded at the consultation stage, there is no cost to the member.  However, if the problem is concluded at the pre-litigation stage, the cost to the member is $10.  If the matter must enter the litigation stage, the cost to the member is an additional $35.  Therefore, the total cost to the member is $45 ($10 + $35).

Exclusion and Limitations

Excluded from the Family Court Benefit is any abuse and neglect, custody or other proceeding which would involve the mission of the Human Resources Administration, Administration for Childrens’ Services and their subdivisions. (This exclusion does not apply to providing legal representation to a covered member who is the subject of an Order of Protection proceeding in the Family Court, which would be covered by the Program.)

How to Obtain the Benefit

To obtain the Family Court Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Custody Benefit

Who is Eligible

Any covered member who is a parent of the child or children in question and is a Defendant or a Plaintiff in this type of action.

What is the Benefit

A Custody dispute may be resolved without litigation or it may necessitate litigation.

(1) Custody Dispute Resolved Without Litigation:  The Fund provides coverage through a panel law firm for all necessary legal services that the settlement of a Custody dispute may necessitate.  A Custody dispute that is settled without litigation may be resolved with a minimum of consultation and with the drafting of relatively simple stipulations or agreements.  On the other hand, a Custody dispute may necessitate extensive negotiations and highly complicated stipulations and/or agreements.  The following schedule indicates the possible legal services and the amount to be paid by the member in each circumstance:

(2) Custody Dispute with Litigation:  Where the parties cannot agree in any given Custody situation, the dispute between them is determined by an action in Court.  The following schedule indicates the possible legal services in a Custody action necessitating litigation and the amount to be paid by the member in each circumstance:

Exclusion and Limitations

Excluded from the Custody Benefit is any abuse and neglect, custody or other proceeding which would involve the mission of the Human Resources Administration for Childrens’ Services and their subdivisions. (This exclusion does not apply to providing legal representation to a covered member who is the subject of an Order of Protection proceeding in the Family Court, which would be covered by the Program.)

How to Obtain the Benefit

To obtain the Custody Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Adoption Benefit

Who is Eligible

Any covered member who seeks representation in an Adoption Proceeding.

What is the Benefit

The Legal Services Fund will provide a covered member with an attorney from a panel law firm to represent the member in Adoption Proceedings.  This benefit does not include payment of any fees or expenses to adoption agencies or any other agencies but is limited to those services normally rendered by an attorney to formalize an adoption.  After all arrangements have been agreed upon, the panel attorney will prepare all petitions and allied papers and will appear in Court with the parties in support of the adoption, if required.

The following schedule indicates the possible legal services and the amount to be paid by the covered member in each circumstance:

Exclusions and Limitations

Excluded from the Adoption Benefit is any abuse and neglect, custody or other proceeding which would involve the mission of the Human Resources Administration, Administration for Childrens’ Services and their subdivisions. (This exclusion does not apply to providing legal representation to a covered member who is the subject of an Order of Protection proceeding in the Family Court, which would be covered by the Program.)

To obtain the Adoption Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Guardianship Benefit

Who is Eligible

Any covered member who seeks to become the guardian of a minor and requests representation in a Legal Guardianship proceeding.

What is the Benefit

The Legal Services Fund will provide the member with an attorney from a panel law firm to represent the member in formal guardianship proceedings.  The member must be a blood relative of the minor for whom guardianship is sought.  The panel attorney will prepare all petitions and supporting papers and will appear in court with the parties in support of the guardianship, if required.  The petition will be limited to guardianship of person of the minor.  Guardianship of the property of the minor is not included in the benefit.

The following schedule indicates the legal services available and the amount to be paid by the covered member:

How to Obtain the Benefit

To obtain the Guardianship Benefit, simply contact the Legal Services Fund Office to request an appointment.

Exclusions

Excluded from the Guardianship Benefit is any abuse and neglect, custody or other proceeding which would involve the mission of the Human Resources Administration, Administration for Childrens’ Services and their subdivisions. (This exclusion does not apply to providing legal representation to a covered member who is the subject of an Order of Protection proceeding in the Family Court, which would be covered by the Program.)

Change of Name Benefit

Who is Eligible

Any covered member is entitled to this benefit.

What is the Benefit

This benefit provides legal advice and representation in the Change of Name procedure.  Counsel will file all appropriate papers and represent the member in the change of name process.  The following schedule indicates the possible legal services and the amount to be paid by the member at each stage:

How to Obtain the Benefit

To obtain the Change of Name Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of appointment, you and an attorney from a panel law firm will complete the appropriate form.

Personal Bankruptcy Benefit

Who is Eligible

All covered members are entitled to this benefit.

What is the Benefit

The Fund provides coverage through a panel law firm for all necessary conferences and legal services in the preparation of a petition to file for Personal Bankruptcy. This process may be finalized with a minimum of consultation and negotiation or it may involve a number of exceedingly complex steps.  In some situations, it may be advisable to arrange common law settlements which will require attendance at meetings that creditors and settlement agreements.

Legal services under the Personal Bankruptcy Benefit are provided at no out-of-pocket expense to the Fund member, whether the legal services necessary are simple or complex.  As part of a bankruptcy proceeding, a member will be required to pay for a credit counseling and financial management course.

How to Obtain the Benefit

To obtain the Personal Bankruptcy Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Legal Protection For The Elderly Benefit

Who is Eligible

All covered members, his/her spouse/domestic partner, his/her parent(s) and/or parent(s)-in-law are entitled to this benefit.

What is the Benefit

The Fund provides legal services through a panel law firm to protect the family interests of covered members who have an elderly parent(s) or parent(s)-in-law.  For example, this benefit provides attorneys’ services to help protect the assets of the elderly as well as to assist a Fund member through the complex legal processes that may be required when the elderly parent(s) or parent(s)-in-law needs long-term custodial care.  In instances where a member’s elderly parent(s) or parent(s)-in-law resides in a region beyond the Fund’s Geographic Service Area (for example, Florida), the benefit provides consultation with a panel attorney and cooperation with local counsel in the county in which the elderly parent(s) or parent(s)-in-law resides.  Please note that this benefit does not cover the fees of local counsel in the county where the elderly parent(s) or parent(s)-in-law resides.

There is no out-of-pocket expense for use of the Legal Protection of the Elderly Benefit.

How to Obtain the Benefit

To obtain the Legal Protection for the Elderly Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Consumer Protection Benefit

Who is Eligible

All covered members are entitled to this benefit.

What is the Benefit

This benefit provides covered members with coverage through a panel law firm for a broad range of legal services that might be needed to institute and pursue action against fraudulent practices by merchants, department stores, home repair contractors, public utilities, automobile dealers, appliance dealers, etc.  Utilization of this benefit is limited to two matters per member per year, and the matter must involve a purchase costing $250 or more.

The following schedule indicates the possible legal services and the amount to be paid by the member in each circumstance:

 *If a lawsuit involves a consumer purchase of $5,000 or more – e.g., “lemon” car – then the cost to the member for litigation or representation shall be $250.

PLEASE NOTE:  Some legal services not provided under this benefit include, but are not limited to, lawsuits seeking Punitive Damages, Class Actions, and legal services relating to commercial enterprises.

How to Obtain the Benefit

To obtain the Consumer Protection Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Estates and Administration Benefit

Who is Eligible

Any covered member or eligible dependent* who is named as Executor in a will.  In the event there is no will, a member or eligible dependent who would be considered an heir under intestacy laws is entitled to this benefit.

What is the Benefit

This benefit provides all legal services that may be required in connection with the handling of an estate from its inception (the probate of a will or Petition for Letters of Administration where there is no will), through all phases of estate administration including tax proceedings and “winding up” of the estate (through accountings and distribution).

With respect to the estate of a deceased member, these services are provided to the surviving spouse/domestic partner and/or eligible dependent(s) in those instances where the spouse/domestic partner or eligible dependent(s) would be entitled to be appointed Executor or Administrator.

This benefit also provides legal services to establish a claim in those instances where a decedent died without a will (intestate), and a covered member or spouse/domestic partner of a covered member should be recognized as a beneficiary, heir or next of kin.

Where an Estates and Administration matter arises outside the Geographic Service Area of the Fund, and the member has been designated as an Executor in the Last Will and Testament of the deceased, or qualifies as an Administrator of the Estate of the deceased by virtue of relationship (i.e., spouse/domestic partner, child, parent, sibling); then upon submission of appropriate documentation of out-of-pocket legal expenses sustained as a result of the handling of such estate, the member will be reimbursed for such expense to a maximum of $250.  A member cannot qualify for such reimbursement more than one time in a twelve-month period.

PLEASE NOTE:  This benefit does not provide legal services of an adversarial nature, e.g., to contest an existing Will.

*See the Welfare Fund section for the definition of eligible dependents.

The following schedule indicates the possible legal services and the amount to be paid by the member:

Coverage Provided by the Fund          Amount Paid by

through a Panel Law Firm                    Fund Member

A. Consultation                                      None

B. The panel law firm has agreed to provide legal representation in these matters with a 25% reduction in its hourly rate, which, for 2020 is $450.00 (less 25% equals $337.50 per hour).

How to Obtain the Benefit

To obtain the Estates and Administration Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Homeowner Rights Benefit

Who is Eligible

Any covered member who owns as a principal residence a private dwelling, a condominium, cooperative or a two or three-family house within the Geographical Area of Coverage of the Fund (including Orange County, New York) or is in the process of purchasing such a residence.

What is the Benefit

This benefit has three components:

(1) The sale or purchase or refinancing of a private dwelling, condominium, cooperative, or two or three family house in which the member resides;

(2) Any problems relating to Boards of Management and other official bodies involved in any home ownership aspects of a private dwelling, condominium, cooperative or two or three family house in which the member resides;

(3) Mortgage foreclosure of any of the above stated residences.

Regarding the first two components of this benefit, the following schedule indicates the possible legal services and the amount to be paid by the member in each instance:

It should be noted that this benefit does not include any aspects of residential problems that include, but are not limited to, title searches or title insurance, appraisal value, or seller misrepresentation.

The third component of the Homeowner Rights Benefit is legal representation through a panel law firm attorney in defense of a proceeding to foreclose a mortgage on a dwelling which the member owns and in which the member resides.  The Fund provides coverage through a panel law firm for all the necessary legal services in defense against such action to foreclose a mortgage.  A mortgage foreclosure problem may be resolved after consultation with a panel attorney or it may require contesting of any action to foreclose the mortgage in the appropriate court.

The following schedule indicates the legal services and the amount to be paid by the covered member at each stage:

 How to Obtain the Benefit

To obtain the Homeowner Rights Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Immigration Law Benefit

Who Is Eligible

All covered members or eligible dependents*, unless limited to the member alone where specified.

What is the Benefit

This benefit provides all legal services that may be required in order to obtain United States citizenship (naturalization), lawful permanent resident (green card) status, a Labor Department certificate, applications for visas, representation in asylum and deportation proceedings, and appeals of asylum denial. The following schedule indicates the possible legal services and the amount to be paid by the member in each circumstance:

 PLEASE NOTE: Fees quoted do not include I.N.S. filing fees. The member is required to pay all filing fees over and above the Fund’s $200.00 Court Cost Disbursement Benefit.

How to Obtain the Benefit

To obtain the Immigration Law Benefit, contact the Legal Services Fund office to request an appointment. At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Family Court Order of Protection Benefit

Who is Eligible

Any covered member who is a Petitioner or a Respondent in an Order of Protection Proceeding in the Family Court.

What is the Benefit

Included for coverage under the Family Court Order of Protection Benefit is the following:  Representation of a member seeking to file a Petition to commence a civil proceeding in the Family Court for an Order of Protection to stop violence within a family or an intimate relationship and provide protection for those individuals affected or in defense of a member who is a Respondent against whom a Petition for an Order of Protection has been sought in the Family Court. 

The following schedule indicates the possible legal services and the amount to be paid by the member at each stage:

If the Family Court Order of Protection Benefit is concluded at the consultation stage, there is no cost to the member. If the matter must enter the litigation stage, the cost to the member is an additional $120. 

Exclusion and Limitations

The following is excluded from coverage from the Family Court Order of Protection Benefit:

·       Any proceeding which would involve the mission of the Human Resources Administration, Administration for Children’s Services and their subdivisions.

·       Any proceeding for a criminal court order of protection.

Note: Representation in any Supreme Court order of protection proceeding as part of an ongoing divorce in which a member is being represented by the panel law firm would be covered under the Fund’s Divorce Proceeding Benefit.

How to Obtain the Benefit

To obtain the Family Court Order of Protection Benefit, contact the Legal Services Fund Office to request an appointment.  At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.

Visitation Benefit

Who is Eligible

Any covered member who is a parent of the child or children in question and is a Petitioner or Respondent in a proceeding in which a person or persons is seeking to have visitation with the child. 

What is the Benefit

The Fund provides coverage through a panel law firm for all necessary legal services that the settlement of a Visitation dispute may necessitate. The following schedule indicates the possible legal services in a Visitation action and the amount to be paid by the member in each circumstance:

If the Family Court Visitation Benefit is concluded at the consultation stage, there is no cost to the member. If the matter must enter the litigation stage, the cost to the member is an additional $180. 

Exclusion and Limitations

Excluded from the Visitation Benefit is any proceeding which would involve the mission of the Human Resources Administration,  Administration for Children’s Services and their subdivisions.

How to Obtain the Benefit

To obtain the Visitation Benefit, contact the Legal Services Fund Office to request an appointment. At the time of the appointment, you and an attorney from a panel law firm will complete the appropriate form.