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Appointment of the PKH-process, here: AVALANCHE TO WORK PROCESS END?



There is hardly a colleague or a colleague who had been attached to his lawyer in life is not already in the PKH process. This should naturally apply in particular to all those who work on cases in the social, labor and family law.


date was also considered that with the onset of formal legal force of the pending proceedings within the meaning of § 172, para 1 CCP ended. The subsequent legal aid- review procedures, in which the PKH-owner personally or over a period of four years for the possible change their personal and economic relations were written, was considered as a separate administrative procedure, to which already the legal scope of power of attorney in accordance. § 81 ZPO did not cover.


accumulate Now here the cases in which we are written as a (former) Deputy represented DIRECTLY by the court with a request to inform whether the personal and economic circumstances of clients have changed.
In cases where the client relationship for other reasons as yet, this may seem straightforward, but at least also with overtime and extra costs are connected. In many cases, however, absolutely no contact is more to the client so that investigations are likely to make significant time and cost intensive.


A friendly note now brought us to a decision of the BGH of 12.08.2010 (ref. XII ZB 151/10), made it clear in which the Supreme Court that Deputy Attorneys also the legal aid review procedures for old accompany clients to have full and thus, for example, deliveries are made. Substance
this process is to economic reasons and the fact that this so in the sense of personal autonomy is.


From a practical point of view this is incomprehensible.
The settlement worked out the view here in the past very well, (relatively rare) Questions were answered by the client are granted.


now it is likely regardless of the legal profession, resulting from significant extra effort not just be in the interests of the courts where the procedure will be the future of the (former) lawyer. This will not only prolong the processing and response times considerably, but in cases where no more contact with former clients there is cause in the courts significantly more work, since these are ultimately likely to yet again have to apply directly to the claimant. Or must be closed from this decision of the Supreme Court, that any address inquiries to be carried out, etc. from the attorney on his own account?


How is this handled in other jurisdictions and who has already had experience in this direction? Your comments We would be very happy!

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protection of disabled people according to SGB IX



As the Federal Labour Court now ruling of 01.27.2011 (ref. 8 AZR 580/09) has made clear is the scope of the 9th Social Code exclusively for severely disabled people with a disability (degree of handicap) of at least 50 and for those that are treated by a formal procedure. Not treated as persons appointed since the entry into force of the General Equal Treatment Act (AGG ) the prevention of discrimination due to disability only to the rules.


In the case decided that the applicant had, at the detected a degree of handicap of 40, whose application was rejected on equality but, in vain for a job as a secretary advertised. Their non-setting led them to the fact that the defendant in an unlawful manner on several occasions not apply the rules in Book IX. This paper, however, had no success in all instances. How has the last run BAG, are persons such as the applicant since the implementation of the Framework Directive 2000/78/EC of 27 November 2000 to AGG protected by it, so that an analogous use of the rules in Book IX is not longer be eligible.


This requires, however, that are presented in litigation relevant facts that trigger a presumption of discrimination within the meaning of the AGG !


That the applicant had not done so, that its action had already therefore no prospect of success.

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won How vanished, so ...

that recipients of benefits are not under SGB II on the financial sunny side of life, should probably be in dispute.
Hence the joy was a particularly big beneficiaries, as he carried the "action man" so advised, was that his lot, with whom he played there since 2001, 500 € had won. For this he was employed at 15 € a month, so that had come over time using a total of 945 € together.
Die Freude über den Gewinn währte jedoch nicht lange, denn der Gewinn wurde sofort in zwei Teilbeträgen in Höhe von jeweils 250 Euro auf die "Hartz-IV-Leistungen" angerechnet. Sowohl Widerspruch als auch Klage hiergegen blieben ohne Erfolg. Jetzt hat auch das LSG NRW in Essen die Anrechnung bestätigt. Die Argumentation des Gewinners, auf diese Weise habe er tatsächlich einen Verlust erlitten, ließ es in weiten Teilen nicht gelten. Lediglich den letzten Spieleinsatz in Höhe von 15 Euro durfte er für sich behalten. Zwischen den übrigen Einsätzen und dem Gewinn sah das LSG keinen Zusammenhang.
Das Urteil ist nicht rechtskräftig.

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New guidelines for safety and occupational health care

Seit dem 01.01.2011 apply to employers with more than ten employees, new regulations in terms of operating times for occupational physicians and specialists for industrial safety.


graded according to the company size, this means that


can employers with up to 10 employees can train the entrepreneur either being in the interests of occupational safety or opt for the standard care.


If the operation 11 to 50 employees, these can choose between standard care and alternative care, if the accident fund or professional association does not lower employment has determined the choice.


With more than 50 people apply for basic care within mainstream services firm operating time per employee, which distributes the entrepreneur to the specialist for occupational safety and the company doctor.

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what the sentencing was left ...

We remember: In a ruling dated 02/09/2010 the Federal Constitutional Court ordered the legislature to control the amount of benefits under SGB II for children and adults making it transparent and comprehensible manner, up to 31/12/2010.

What followed was almost expected. No Leistungsbezieherin and no beneficiaries, whether adults or children, has received the 01/01/2011 a modified or comprehensible consistent performance. To work

Instead of specifying only the Federal Constitutional Court and to the good of all (both the recipients and the providers ) the amount of power to understand and thus more acceptable to all, a tremendous noise was followed in the media forest. Politicians of all (!) Directions from then gave their opinion (!) Known how high the rates would now be. It was almost non-legal (which would have commented on this blog can be) something of Mathematics, which would also apply to the persons concerned have been understandable. However, as politicians, should know from the mathematics lessons, results are determined independently of opinion. The determination is not just the fact that we negotiated as to whether a result is probably correct or not. In this respect, the current situation is not only surprising, but is drawn to the detriment of all with no visible end in the length.

Even without knowing actual calculations, however, one obvious even to laymen to understand:

An "educational package" in the amount of 10,00 € per month for the special needs of children up to unrealistic would recognize this as the first but the responsible minister himself, since it is not an insignificant. to provide number of children present.

Which paid hobby you can take for a monthly fee of 10,00 € take? Any sport is likely to fail only by the fact that already the simple purchase clothing is difficult, to say nothing of coming to the club contributions.

Auch eine musikalische Betätigung ist bei einem solchen Betrag faktisch ausgeschlossen.

Von anderen Hobbies soll an dieser Stelle gar nicht geredet werden.

Man darf jedenfalls gespannt sein, wann endlich eine sachgerechte Lösung für alle gefunden wird.