Library

Case Results

The case results described below are some the cases that have been handled by Andalman & Flynn P.C..

Federal Disability Retirement (FERS and CSRS)

Client Testimonial - An Angel in Disguise
Successful fibromyalgia and chronic fatigue syndrome (CFS) application for USPS worker.
Award of disability retirement after MSPB trial for Human Resources Specialist at DVA.
Award of disability retirement annuity on appeal to the MSPB for EEO Counselor at the DOI.
Successful MS application even with work at home accommodation for technical specialist at the FDA.
Successful emotional illness application for a librarian at the Library of Congress
Award of disability retirement annuity on reconsideration for a DVA employee.
Award of disability retirement annuity on second application for USPS Supervisor.
Successful back-problems and IBS application for USPS worker who resigned.
Award of disability retirement annuity on appeal to the MSPB for cost analyst at the DOD.
Client Testimonial - Outstanding Service by Senior Paralegal Zubaidah Haamid
Client Testimonial - Speed, Experience, and Results
Client Testimonial - What A Breeze

Personal Injury

Success Settling Claim by Injured Passernger of Auto Dealership Shuttle
Compensation for Injured Hit-and-Run Victim
$120,000 Judgment for Abused Housekeeper
Sizeable Settlement for Family Whose Loved One Was Killed by Negligent Driver

Social Security Disability Insurance

Appeal in Federal Court Resulted in a Win For Social Security Disability Client
Fully Favorable Decision was issued by the Appeals Council resulting in an award of over 5 years of benefits.
Almost $80,000 in accrued benefits for client after appeal
We helped this client obtain the medical evidence necessary to convince the State Retirement Agency to approve her claim on initial application.
Client with Multiple Disabilities Wins Social Security Appeal
Disability Benefits Awarded to Client in Need

Long Term Disability Insurance / ERISA

Continued Success for Claimant Subject to Long Term Disability Insurance Review
Attorney Elliott Andalman Wins Disability Appeal for Client with Multiple Sclerosis
Disability Appeal Won for Client Suffering from Lupus
Success on Long Term Disability Claim Improperly Filed by Employer
Blue Cross Concedes Health Insurance Coverage for Hospitalized Client
Successful Disability Claim for Client with Chronic Fatigue

Employment Law

Attorneys Andalman and Flynn Secure Justice for Sexually-Abused Housekeeper
Injured Worker Secures Compensation with Help from Andalman & Flynn
Successful Outcomes for Professionals in Claims Against their Employers
$20,000 + Collected in Back Wages and Victory with Overtime Claims
Attorney Daniel Katz obtains $67,000 judgment for construction workers in wage and hour case for unpaid overtime wages.
Exploited Housekeeper Finally Gets Justice
Terminated Teacher Wins EEOC Claim

Federal Disability Retirement (FERS and CSRS)

Client Testimonial - An Angel in Disguise

CARLOS E. TORRES
17 May 2007
To: Andalman & Flynn 8601 Georgia Avenue Suite 604 Silver Spring, Maryland 20910

Dear Attorney Elliott Andalman Attorney Mary Ellen Flynn Everyone else concerned & Involved -

I am sorry I have not written sooner to everyone at Andalman & Flynn due to my Urologic Surgery this month. However my wife Cinzia and I want to express our gratitude to everybody at Andalman & Flynn for your patience and for the hard work everyone did in winning my work disability case. My wife and I know how much effort and how serious your legal team took in my case both by the amount of correspondence generated while executing my case and by the personal attention to detail Ms. Zubaidah Haamid displayed in the many discussions we had. Ms. Zubaidah Haamid is an Angel in disguise. She has touched me not only with her professionalism, but also with her people skills and tremendous efficiency. Although I’ve never seen her, I sense she is a beautiful woman inside and out who cares about others, loves her work and who she works for, and is a great asset to your legal practice. Was all this worth it? The final results of the case speak volume about what an excellent legal team you all are. I could not have won this case alone without the expertise of Andalman & Flynn. Let’s not forget however, that I know this case was a challenge. Even if your legal firm won this case, much work was involved. It is a great thing that we live in a great country where what you have done for us is possible. Words alone cannot convey how much Cinzia and I appreciate what you have done for us. I am an old Army Sergeant Major and I don’t succumb to emotions easily considering my background, but I cried like a baby when Ms. Zubaidah Haamid called me up with the good news about my case. I don’t know how much longer I have to live with all of my medical and psychological problems; however you have taken so much mental stress and weight off of my shoulders especially now that I am unable to work. Thank you very, very much from the bottom of our hearts and souls. God bless each and every one of you at Andalman & Flynn and may you continue to help others. I have nothing to say but good things about your legal firm to anyone who may ask. If anyone of my friends needs help the way I did, I will not hesitate to refer then to you. If any of you come down to Florida, I want you to know that my home is your home and hope you will visit. You all are the best.
Thanks again.

Sincerely, Carlos E. Torres

Successful fibromyalgia and chronic fatigue syndrome (CFS) application for USPS worker.

Attorney Elliott Andalman successfully obtained a federal disability retirement annuity on initial application for a federal employee who worked for the United States Postal Service (USPS) as a Senior Public Relations Representative. The annuitant suffered primarily from fibromyalgia, chronic fatigue syndrome and myofascial pain syndrome.

Award of disability retirement after MSPB trial for Human Resources Specialist at DVA.

The Law Firm of Andalman & Flynn successfully obtained a federal disability retirement annuity at the MSPB level after a one half day hearing before an Administrative Judge (AJ) for a federal employee who worked for the Department of Veterans Affairs (DVA) as a Human Resources Specialist. The annuitant suffered emotional impairments. The annuitant voluntarily resigned from federal service. This case was made more difficult because the annuitant did not disclose the real reason for annuitant’s absences and resignation to the Agency. Annuitant sought our assistance when annuitant was unable to get the application approved. OPM denied the initial application and on request for reconsideration. Therefore, we appealed to the MSPB. We conducted a one-half day hearing in which two doctors testified as well as the annuitant and the spouse of the annuitant. Following the hearing the AJ issued a fully favorable decision reversing OPM’s denial of the application.

Award of disability retirement annuity on appeal to the MSPB for EEO Counselor at the DOI.

Attorney Elliott Andalman successfully obtained a federal disability retirement annuity on appeal to the Merit Systems Protection Board (MSPB) for a federal employee who worked for the Department of Interior (DOI) as a Senior Equal Employment Opportunity Counselor. The annuitant suffered emotional impairments including major depression. Without legal counsel, annuitant filed for a federal disability retirement annuity, which was denied on initial application and again on reconsideration. Annuitant then sought our assistance for filing an appeal to the MSPB. Attorney Andalman obtained additional medical documentation and convinced OPM to grant annuitant’s application for a federal disability annuity without the necessity of a hearing.

Successful MS application even with work at home accommodation for technical specialist at the FDA.

The Law Firm of Andalman & Flynn successfully obtained a federal disability retirement annuity on initial application for a federal employee who worked for the U.S. Food and Drug Administration (FDA) as a Technical Information Specialist. The annuitant suffered primarily from multiple sclerosis. This case became more difficult because the agency offered the annuitant an accommodation to work from home 4 days a week. We collected medical evidence to support that the annuitant was unable to perform the job even with this accommodation. During the processing of this application, we also assisted the annuitant to obtain from the FDA, a removal from federal service due to medical inability to perform the essential duties of the job.

Successful emotional illness application for a librarian at the Library of Congress

Attorney Elliott Andalman successfully obtained a federal disability retirement annuity on initial application for a federal employee who worked for the Library of Congress. The annuitant suffered from emotional problems. Annuitant filed an application for a disability retirement annuity with the agency, which the agency refused to process due to insufficient medical evidence. After months of trying to get the agency to process the application, the annuitant contacted us for representation. We collected additional medical documentation and put together a new application for a federal disability retirement annuity. This time, the application was accepted, processed, forwarded to OPM and approved on initial application. We also represented this annuitant on an application for Social Security Disability benefits, which we won.

Award of disability retirement annuity on reconsideration for a DVA employee.

Andalman & Flynn Law Firm successfully obtained a federal disability retirement annuity on reconsideration for a federal employee who worked for the Department of Veterans Affairs (DVA) as a Supply Technician. The annuitant suffered from orthopedic conditions including arthritis of the feet. Annuitant’s application for a disability retirement annuity was denied on initial application and the annuitant filed a request for reconsideration. Three days before the deadline to submit additional medical documentation, the annuitant contacted us for representation. We entered our appearance, requested an extension of time and collected documentation in support of the annuitant’s appeal including that the annuitant was: (1) removed from federal service due to medical inability to perform useful and efficient federal service; (2) a disabled veteran assigned a disability rating of 100%; and (3) awarded Social Security Disability benefits. In light of our submission, OPM granted the annuitant’s application on reconsideration.

Award of disability retirement annuity on second application for USPS Supervisor.

The Law Firm of Andalman & Flynn and Elliott Andalman, successfully obtained a federal disability retirement annuity on reconsideration for a federal employee who worked for United States Postal Service (USPS) as a Customer Service Supervisor. The annuitant suffered from emotional impairments including major depression and PTSD. Without legal counsel, the annuitant filed a claim, which was denied on initial application and again on reconsideration. Annuitant sought our assistance to file an appeal with the MSPB. We timely filed the MSPB appeal. However, after determining that there was not time to gather necessary medical evaluation and that the annuitant retained the right to file a new application, we withdrew the appeal and filed a new application with OPM. During the processing of the new application, the agency issued a demand for the annuitant to return to duty immediately or be placed in an AWOL status and face possible removal for cause. In response, we submitted medical documentation and legal argument to the agency that resulted in the Agency removing the annuitant due to medical inability to perform the essential functions of the position. OPM approved the new application.

Successful back-problems and IBS application for USPS worker who resigned.

Attorney Elliott Andalman successfully obtained a federal disability retirement annuity on initial application for a United States Postal Service (USPS) Mail Processor who had resigned due to medical conditions. The annuitant suffered from several medical conditions including irritable bowel syndrome (IBS) and back problems. This was a difficult case because of a lack of treatment and shortage of medical documentation prior to resignation. However, Andalman & Flynn was able to overcome these hurdles, in part, by documenting both (1) an unsuccessful work attempt after the resignation and (2) that the annuitant tried to go back to work for the USPS, but was refused medical clearance.

Award of disability retirement annuity on appeal to the MSPB for cost analyst at the DOD.

The Law Firm of Andalman & Flynn successfully obtained a federal disability retirement annuity at the MSPB level for a federal employee who worked for Department of Defense (DOD) as a Cost Analyst. The annuitant suffered from severe emotional impairments including depression and PTSD. Without legal representation the annuitant filed a claim, which was denied on initial application and again on reconsideration. Annuitant sought our legal assistance to file an appeal with the MSPB. During the processing of this MSPB appeal, DOD issued a notice of proposed removal due to AWOL and failure to follow proper leave procedures. Attorney Elliott Andalman successfully fought the removal for cause. He submitted evidence and argument that convinced the Agency to remove the annuitant for medical inability to perform the essential functions of the position. Attorney Andalman was also able to strengthen the annuitant’s disability retirement case by obtaining additional medical evaluation and testing. We were able to convince OPM to change its position and approve annuitant’s application without the necessity of a trial at the MSPB.

Client Testimonial - Outstanding Service by Senior Paralegal Zubaidah Haamid

Dear Mr. Andalman,

I am writing this letter as a testimonial to the great service that I received from the law firm of Andalman and Flynn. I retained the services of Mr. Andalman for federal disability retirement. I had been denied at the initial stage and was not too hopeful about being awarded benefits at the reconsideration stage. Thanks to the expert legal team of Elliott Andalman and Zubaidah Haamid, my claim was approved.

From my first contact with the office, I was treated with respect and kindness. I was kept up to date on the status of my case and because of their hard work and diligence, my case was approved with incredible speed. I want to give a special thanks to Ms. Haamid for working so diligently to get things through to OPM quickly and for following through with the assigned adjudicator. I believe it was Ms. Haamid’s diligence in handling my claim that brought about such a quick decision. Ms. Haamid went that extra mile for me and it truly paid off.

I would recommend Andalman and Flynn to anyone who needs a lawyer for federal disability retirement.

T.S., Lorton, Virginia

Client Testimonial - Speed, Experience, and Results

To the prospective clients of Andalman & Flynn:

Within 3 months after filing my application with the Office of Personnel Management, the Andalman & Flynn Law Firm got me approved for disability retirement from the Federal Deposit Insurance Corporation as a career Federal Bank Examiner employee with over 20+ years of dedicated public service. They have the experience, knowledge, skill, and ability to get the job done right the first time. I am very satisfied with the work they did and continue to do for me. I could not have done this without Mr. Andalman’s superb legal expertise or Ms. Zubaidah Haamid‘s outstanding professionalism and can do attitude. They were always there for me. I will always be eternally grateful to both of them.

In summary, I highly recommend the Andalman & Flynn Law Firm and their tremendous legal team to any federal employee who is seeking federal disability retirement benefits.

My kindest and sincerest regards always,

Andrew T. (Andy) Scotchlas, Stroudsburg, PA
Former FDIC Examiner-Information Technology
and
Executive Board Member
Executive Vice President
Union Representative/Steward
National Treasury Employees’ Union - Chapter 244

Client Testimonial - What A Breeze

From: Bob, Santa Fe, NM

Elliott Andalman and staff, particularly Ms. Haamid, expertly handled my applications for disability retirement from the Office of Personnel Management (OPM) and the Social Security Administration (SSA). Their painstaking attention to detail made it possible for my applications to be approved in near-record time (6 months for OPM and 2 months for SSA). More importantly, Elliott's sensitive but powerful gift of persuasion made personal contacts with my supervisor and physicians into positive experiences. He made these necessary exchanges easy for the participants so that application responses were handled efficiently, effectively, and painlessly. My supervisor even complimented me on Elliott's adept handling of the application process. My kudos to Elliott and Ms. Haamid.

Personal Injury

Success Settling Claim by Injured Passernger of Auto Dealership Shuttle

Andalman & Flynn attorneys secured a favorable settlement for a client who was injured while riding in the shuttle van of an automobile dealership. The van was struck in an intersection and both drivers claimed that they had the green light. Our client suffered serious injuries including a broken leg. The claim was litigated in court where both Defendants claimed they were not negligent. Finally, after over a year of litigation, and as trial approached, we obtained the compensation our client deserved, with both defendants contributing to the settlement.

Compensation for Injured Hit-and-Run Victim

We successfully represented a young woman who was injured in a hit-and-run accident. The driver of the hit and run vehicle could not be located. Her automobile insurance company refused to compensate her for her injuries, and claimed that her insurance policy had lapsed a few days before the accident. Her insurance company even produced an altered document to support the fraudulent claim. After more than three years, and after filing a lawsuit against the insurance company on her behalf, Andalman & Flynn attorneys were able to reach a favorable settlement on behalf of our client

$120,000 Judgment for Abused Housekeeper

Following five days of testimony, a Montgomery County jury awarded one of Andalman & Flynn’s clients, a live-in housekeeper from the Philippines, $120,000, after she sued her employer for sexual assault and battery, intentional infliction of emotional distress, and wrongful termination from employment. The victim suffered through numerous unwanted sexual advances over a period of three years, which culminated in a sexual battery. The victim then quit her job and reported the attack to the police. The Defendant pled guilty to a fourth-degree sexual offense. In awarding a sizeable verdict, the jury rejected the Defendant’s claim that the parties conducted a consensual affair. Following the verdict, the victim stated, “I am so happy because I have found justice. He bothered me many times, but I was afraid to go to the police. This is a big help because employers take advantage of housekeepers. They think we do not have the money to get justice.” The victim was represented by Elliott Andalman and Mary Ellen Flynn. Following the verdict, Ms. Flynn remarked, “[he] had the power to deport [her] and take away her livelihood and shelter in a country where she did not know the language or the culture. He abused this power to sexually harass and sexually assault his housekeeper. This is a case about abuse of power. More importantly, it is about a woman who had the courage to stand up and resist that abuse.”

Sizeable Settlement for Family Whose Loved One Was Killed by Negligent Driver

Our personal injury attorneys secured a large settlement for the family of a man who was killed in a car accident caused by another driver’s negligence. The man’s elderly mother, who was also in the car, survived but with critical injuries. She required extensive medical treatment and nursing care to restore her health. Through meticulous preparation of the claim and skilled negotiation, we were able to negotiate a settlement for the maximum amount of money that could be recovered under the other driver’s insurance policy for this grieving family.

Social Security Disability Insurance

Appeal in Federal Court Resulted in a Win For Social Security Disability Client

We had to go to federal court to win Social Security Disability (SSD) benefits for a client whose disability was because of Chronic Fatigue Syndrome (CFS). The claim was denied by an Administrative Law Judge (ALJ), and again by the Appeals Council (AC). We did not give up. We filed an appeal with the federal court. Based on our legal argument, the Federal District Court reversed the denial of benefits and remanded the case for further consideration. Normally, on remand the AC sends the case back to the ALJ for a new hearing. In an unusual step, in light of the arguments of counsel and review of the record, here the AC, itself, issued a Fully Favorable Decision which resulted in an award of over four years of benefits.

Fully Favorable Decision was issued by the Appeals Council resulting in an award of over 5 years of benefits.

This claim for disability benefits was based on a bipolar disorder. After the ALJ denied benefits, we appealed the case to the Appeals Council (AC). The decision of the ALJ was reversed based our legal arguments and a Fully Favorable Decision was issued by the AC resulting in an award of over five years of benefits.

Almost $80,000 in accrued benefits for client after appeal

This claimant was mentally retarded and was receiving Social Security Disability (SSD) benefits since 1989. With the help and support of his family, he was also working in a sheltered workshop. In 2004 the Social Security Administration (SSA) determined that the claimant’s earnings from the sheltered workshop were too high to receive SSD, terminated the claimant’s SSD benefits, and sought collection of an overpayment of almost $60,000 going back to 1996. With the help of the claimant’s family and the sheltered workshop, counsel presented proof to an Administrative Law Judge (ALJ) that the SSA erred in terminating the claimant from the SSD program. The ALJ issued a Fully Favorable Decision for the claimant, reinstated the client’s benefits, and reversed the finding of an overpayment. Our firm is particularly proud of ultimately obtaining almost $80,000 in accrued benefits for this deserving client.

We helped this client obtain the medical evidence necessary to convince the State Retirement Agency to approve her claim on initial application.

This client retained our services on a claim for Maryland State Disability Retirement benefits based on an orthopedic disability from a combination of stress fracture of the left tibia, fusion of the left ankle, and degenerative joint disease of the left foot due to post-polio syndrome. This client had been a classroom teacher in a public school and met the definition of disability for State Disability Retirement because she was unable to perform her own job any longer due to the fact that she could not stand for significant periods of time as required of a teacher. We helped this client obtain the medical evidence necessary to convince the State Retirement Agency to approve her claim on initial application.

Client with Multiple Disabilities Wins Social Security Appeal

This client retained our services in January 2003 on her claim for Supplemental Security Income (SSI) disability benefits based on a disability of fibromyalgia, chronic fatigue syndrome, and irritable bowel syndrome. The claim was subsequently denied on reconsideration, hearing, and at the Appeals Council. In September 2005, a judgment was entered in Federal Court reversing the denial decision of the Social Security Administration and remanding the case for a new hearing. Subsequently, an Administrative Law Judge issued a Fully Favorable Decision on the claim.

Disability Benefits Awarded to Client in Need

This client retained our services for her claim for Social Security Disability (SSD) benefits based on multiple medical problems including of IgA immune deficiency, myofascial pain syndrome, degenerative disc disease L-S spine, urinary incontinence, depression and generalized anxiety disorder. We helped obtain crucial medical evidence that assisted this client to win her SSD claim.

Long Term Disability Insurance / ERISA

Continued Success for Claimant Subject to Long Term Disability Insurance Review

Client retained our services for claim for Long Term Disability (LTD) and Social Security Disability (SSD) benefits. Claimant has had both hips replaced and has low back pain, and osteoarthritis. The claim for LTD benefits was awarded on initial application, but with initially three month reviews. Subsequently we have also won three reviews of the client’s LTD claim, and the client remains in pay status. The client also won SSD benefits on initial application.

Attorney Elliott Andalman Wins Disability Appeal for Client with Multiple Sclerosis

This client retained our services to appeal termination from Long Term Disability (LTD) benefits. Basis of disability is Multiple Sclerosis (MS). The LTD carrier terminated benefits based on a single office visit note from treating neurologist indicating that the client had an excellent exam. It required several supplemental statements from the neurologist, submission of MRI film, a vocational expert report, statements from client and spouse, an IME (Insurance Medical Exam), and legal briefs to finally obtain reinstatement with payment of retroactive benefits. We also assisted client in winning SSD benefits on initial application.

Disability Appeal Won for Client Suffering from Lupus

A client retained our services to appeal termination from Long Term Disability (LTD) benefits. Basis of disability is lupus. Benefits were terminated because the client’s treating doctor reported that her condition had stabilized and also based on the client’s ability to travel to visit her sick parent and to move out of the country because of her husband’s employment. The client had not gotten well enough to resume working. Benefits were reinstated after supporting statements and medical records were submitted by the current treating physician out of the country as well as additional information from her prior treating physician in the U.S.

Success on Long Term Disability Claim Improperly Filed by Employer

The client retained our services to appeal a denial of Long Term Disability (LTD) benefits. Basis of disability is osteoarthritis of the right knee for which client underwent a total knee arthroplasty. A significant hurdle in this claim was that the benefits manager at the client’s company never properly filed the initial application with the carrier and the client was no longer eligible to apply for benefits. We were able to prove that the client had filed the application timely, and provided sufficient evidence to have the claim awarded.

Blue Cross Concedes Health Insurance Coverage for Hospitalized Client

This client retained our services to appeal a denial of insurance coverage for a psychiatric hospitalization. Blue Cross Blue Shield (BCBS) claimed that the hospitalization, which was for over two months, was not considered medically necessary. We obtained the entire medical record from the hospitalization, which included extensive documentation that the hospitalization was indeed medically necessary, and convinced BCBS in an ERISA administrative appeal to pay the claim. We also helped the client work out a settlement payment plan on the remaining balance owed. Additionally, we successfully had removed from client’s credit report an additional disputed hospital bill.

Successful Disability Claim for Client with Chronic Fatigue

This client retained our services to appeal a denial of Long Term Disability (LTD) benefits. Basis of disability is profound fatigue. The carrier claimed that records did not include specific restrictions and limitations on why the client could not work nor were diagnostic tests provided. Benefits were awarded after additional medical records and reports were obtained that rebutted the denial decision. Diagnostic test results were provided as well as clear delineation of restrictions and limitations on activities.

Employment Law

Attorneys Andalman and Flynn Secure Justice for Sexually-Abused Housekeeper

Injured Worker Secures Compensation with Help from Andalman & Flynn

Employment attorneys at Andalman & Flynn successfully assisted a client, who was seriously injured on the job, in settling a workers compensation dispute. Our client’s employer refused to cooperate with his workers compensation claim, even refusing to give the name of the insurance carrier. However, through the hard work and dedication of our attorneys the client was eventually awarded significant compensation for his medical bills and lost work.

Successful Outcomes for Professionals in Claims Against their Employers

In the past year lawyers from the firm have represented a number of professional employees in disputes with their employers. These have included a range of individuals who, in the midst of apparently successful careers, are confronted by employers whose actions demonstrate bias, including bias based on race, gender, religion and age. These employees, including restaurant managers, IT professionals, business analysts, and attorneys, have depended upon Andalman & Flynn for services from negotiating severance packages to litigating claims for discrimination under federal and local laws.

$20,000 + Collected in Back Wages and Victory with Overtime Claims

Andalman and Flynn has successfully represented numerous employees who have been denied overtime pay by their employers. In the last year, we represented a group of factory workers who were owed overtime during their last two years of employment, and collected over $20,000 in back wages. We also represented four registered nurses who take care of a severely handicapped child. The nurse placement service for whom they worked issued two checks for each week worked, in order to “avoid” showing that these nurses worked overtime. We were able to recover thousands of dollars in back wages for these nurses. In addition, we have represented landscapers, construction workers, restaurant employees, and computer professionals in recovering thousands of dollars in back wages.

Attorney Daniel Katz obtains $67,000 judgment for construction workers in wage and hour case for unpaid overtime wages.

Construction workers awarded $67K in overtime lawsuit CYNTHIA DIPASQUALE Daily Record Legal Affairs Writer August 13, 2007 A magistrate judge in Greenbelt has ordered $67,000 in overtime wages be paid to three immigrant construction workers employed by a suburban Washington home remodeling company. Marcos Garcia, Daniel Espinoza and Manuel Portillo worked for C&M Builders Inc. variably between 1999 and December 2005, according to attorney Daniel A. Katz. While they were properly paid for 40 hours of work per week, they claimed to never have been paid time-and-a-half for overtime hours often totaling an additional 40 hours per week. “One of them worked there for six years,” Katz said of the employees. “Those who have less opportunities and less mobility tend to stay in situations which are unjust longer than those who have more choices and more mobility in life.” The construction company was represented by the Law Office of Melvin George Bergman in Greenbelt, which did not respond to a request for comment. Garcia worked with the Brentwood company between January 1999 and December 2005. Portillo was there from April 2003 until December 2005. Espinoza worked there from June through December 2005. All three were always paid in cash and were paid “straight time,” according to Katz. Two of the plaintiffs had some time records. The plaintiffs and witnesses testified that the company’s workers punched time cards from 2003 forward, but the defendants did not produce those documents during discovery, Katz said. While the case was fairly standard as far as wage claims go, Katz said the most challenging aspect was representing plaintiffs for whom going to court was “quite literally a foreign experience.” “I think in general … convincing low-wage — and especially low-wage immigrant workers — that it’s worth it to pursue claims in court is a tough haul because they’re generally treated so inequitably in other aspects of society and it’s such an effort to take that plaintiff to court,” he said. The case (8:06-cv-01945-JKS, filed July 28, 2006) was in U.S. District Court because the plaintiffs filed claims under the Fair Labor Standards Act. U.S. Magistrate Judge Jillyn K. Schulze found in the plaintiffs favor after a one-day bench trial on July 30. She entered a judgment of $45,622 for Garcia, $18,045 for Portillo and $2,790 for Espinoza.

Exploited Housekeeper Finally Gets Justice

Andalman & Flynn, P.C. partner, Daniel A. Katz, recently helped a former housekeeper win thousands of dollars in back pay. She worked for an affluent family, working seven days a week, 12-14 hours a day, and was paid only $50 per month. After judgment was entered in her favor in the Circuit Court for Montgomery County, the family tried to avoid paying the judgment. The judgment was paid only after the firm’s attorneys “attached” the family’s home and arranged for the County sheriff to sell it to satisfy the judgment.

Terminated Teacher Wins EEOC Claim

The firm successfully represented an unmarried elementary school teacher, who worked at a religious-sponsored school, who was fired after the school administration learned that she was pregnant. Through filing discrimination charges with the Equal Employment Opportunity Commission and negotiating with the school system, the firm was able to secure a settlement agreement that resulted in the teacher receiving a significant for her lost wages.

Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

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