Q: Why should I hire Andalman & Flynn to represent me on my Federal Disability Retirement Benefits Claim?

A: Andalman & Flynn's experienced disability attorneys have a proven record of helping hundreds of disabled employees win disability benefits. We represent federal and postal workers throughout the country who, through illness or injury, are no longer able to perform one or more of the essential elements of their job. We represent federal workers throughout the claims process including: (1) preparing initial applications with supporting medical documentation; (2) reconsideration of initial denials by OPM, and, (3) appeals to the Merit Systems Protection Board (MSPB), which include hearings before Administrative Law Judges. We use our experience and understanding of the necessary legal proof to collect medical, vocational and other evidence to maximize your chances of winning.

If you wish to discuss your case, please contact us to schedule a consultation.
Q: What does it cost for Andalman & Flynn to represent me on my Disability Retirement Claim?

A: Andalman & Flynn typically provides a free consultation. In addition, Andalman & Flynn handles many Federal Disability Retirement Claims primarily on a contingency fee basis; a contingency fee is not paid unless and until we are successful in obtaining an award of benefits for you. We also help workers with related employment disputes. We normally require a paid consultation and an hourly fee to work on disputes involving disciplinary action, termination or discrimination.

You can contact our office for a free disability consultation by calling (301) 563-6685, or toll-free at 1-888-558-7871, or by filling out our online contact form and one of our trained professionals will contact you to discuss your Federal Disability Retirement Claim.
Q: If I become disabled to perform my job, does the federal government provide for disability retirement benefits and health insurance?

A: Yes. There are two main disability retirement programs which cover most federal employees, the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS). CSRS and FERS both provide disability as well as regular retirement benefits. The Office of Personnel Management (OPM) is the agency that administers both programs and decides whether to award disability retirement benefits.

If you are awarded disability retirement, you will be allowed to keep your federal health insurance if you have been enrolled in the program for the five years of federal service immediately preceding your retirement or, if less than five years, since your earliest opportunity to enroll.

If you are considering filing for disability retirement, you should contact a knowledgeable attorney who will help you with the application process so you receive and continue receiving all benefits to which you are entitled.
Q: What is the definition of "disability"?

A: CSRS and FERS both use the same definition of “disability”. To prove disability you must establish that you are medically unable to perform useful and efficient service and that your disability will last at least one year. You must prove that you are unable to do your job, even after being provided reasonable accommodations, and you must not turn down a suitable vacancy within your agency that is within your commuting area and at the same grade or pay level as your current position. Your medical disability can be the result of one condition or a combination of conditions, the result of illness, or and the result of an injury on the job or off the job. You must be in treatment with a doctor and you must be compliant with treatment.
Q: Where do I file my application and from what date do my benefits start?

A: If you file an application more than thirty-one (31) days after your separation, it must be filed with OPM. Prior to that, it is filed with your agency. If you are awarded benefits, your annuity commences on the day after you separate, or the day after your last day in pay status, whichever is earlier.
Q: What is the time limit for filing an application for federal disability retirement?

A: You must file an application for federal disability retirement either before you separate from federal service or within 1 year after the date of your separation. The one year requirement may be waived only in cases of mental incompetence.
Q: How long do I have to work to be eligible for disability retirement?

A: CSRS requires you to have at least 5 years of creditable civilian service before you can qualify for disability benefits and FERS requires 18 months of civilian service. You must have worked in a position covered by CSRS or FERS.
Q: Can I go back to work and continue to receive federal disability retirement benefits?

A: Yes. You can work in the private sector and continue to receive federal disability retirement benefits under both CSRS and FERS. However, if you decide to work again, your disability benefits may be affected. If your total income from work is more than 80% of the current salary of the position you retired from, your disability benefits will end. Your benefits will be affected or, most likely, end if you go back to work for the Federal Government.
Q: When will my federal disability benefit stop and, if so, can my disability benefit be reinstated?

A: If you are under age sixty, your federal disability retirement benefits can be stopped if (1) you are found to be “medically recovered” from your disabling condition; (2) in any calendar year your income from wages and self-employment is at least eighty percent (80%) of the current rate of basic pay from the position you retired from, also known as a “restoration to earning capacity”; or, (3) you are reemployed in the Federal service in a position equivalent to what you held at retirement, which is called an “administrative recovery”. In all cases, your disability retirement benefits end at age 62 and you are transferred to regular retirement benefits at that time.

If your disability benefit stops because you were found recovered either medically or administratively, your benefit can be reinstated only if the disability recurs and you do not exceed the eighty percent (80%) earnings limitation. If your disability benefit stopped only because you exceeded the earnings limitation, your benefit can be reinstated effective the first of the year after you no longer exceed the eighty percent (80%) earnings limit.
Q: Can I concurrently receive federal disability retirement from the Office of Personnel Management and federal workers’ compensation benefits from the Department of Labor, Office of Workers’ Compensation?

A: Generally, you cannot receive both benefits. However, it may be in your best interest to apply for both. If you win both you must elect which one to receive. If you decide you want to receive federal workers’ compensation payments from the Department of Labor, Office of Workers’ Compensation Programs (OWCP), then federal disability retirement payments from OPM will be suspended. If your OWCP benefits later stop, you can ask OPM to again pay your disability benefit. However, you can receive both an OWCP Scheduled Award and federal disability retirement benefits at the same time.

Divorce, Custody, and Family Law

Q: When does a parent's child support obligation end?

A: Maryland Courts have the authority to award support until the child reaches age eighteen and graduates from high school or age nineteen, whichever occurs first. However, parents may agree to extend this obligation until their child is older.
Q: How much child support am I entitled to on my child's behalf?

A: The amount of child support paid is determined by the mathematical formula contained in the Maryland Child Support Guidelines. This formula is based primarily on the custody arrangement and the incomes of both parents. Some of the other factors considered in the calculation include: the cost of health insurance, child support obligations to other children, alimony paid, and the cost of work-related child care, and the child's extraordinary medical and other expenses. If the parents have joint or shared physical custody of the child, the amount of time each parent spends with the child is also taken into account in the Maryland Child Support Guidelines.
Q: Can I collect support if my child or the other parent lives out-of-state?

A: Yes. There is a body of law which allows parents to collect and receive child support from another state. However, depending on the situation, the other state's child support laws may apply. Andalman & Flynn's family law attorneys can assist you in establishing Maryland child support orders, enforcing existing child support orders in Maryland, and enrolling Maryland child support orders with child support enforcement offices of other states.
Q: If my child's other parent is earning less than he/she is able to, how can I still obtain a fair amount of child support?

A: In order to avoid paying child support, some parents purposely take a reduction in income. Maryland courts will consider several factors to determine whether a parent has "voluntarily impoverished" him/herself. If such a finding is made, the Maryland court is empowered to impute a higher income on such a parent, and to award child support based on this higher income.

If you believe that your child's other parent is voluntarily impoverishing him/herself, it is important that you work with an experienced family law attorney so the necessary financial information is presented to the court to give your child support case the best chances of success. To schedule a consultation to discuss your child support case, please contact us.
Q: Can I agree to a lesser amount than the Child Support Guidelines require?

A: Judges have an obligation to assure that children are adequately supported and do not suffer when their parent have unequal bargaining power. However, judges may accept child support amounts below the Maryland Guidelines if there is sufficient justification for such a deviation.
Q: If I didn't ask for child support when my child was born or when I first separated from the child's other parent, can I still collect child support?

A: Yes. A minor child is always entitled to support. A parent cannot permanently waive this obligation. If you have a child who is entitled to support, and you have not collected to date, the family law attorneys at Andalman & Flynn can assist you in filing a complaint in Court asking for child support to be established or you can seek the assistance of the Maryland Child Support Enforcement Office. You should keep in mind that your child will receive support dating back to the day you first file your request, so a delay in filing reduces the amount of back support your child will receive.
Q: Can I change the monthly amount of child support?

A: Yes, child support is always modifiable. Child support can be increased or decreased when there has been a "material change in circumstances." This is a subjective determination made by the Court. Modifications can also be made by agreement of the parties. Factors that may be taken into account include a parent’s illness or disability, a sizable increase or decrease in a parent’s income, a child’s serious illness or accident, or a change in the child’s extraordinary medical expenses. Generally, Maryland Courts have considered a 25% change in income to be a material change in circumstance, though each situation is unique.
Q: What requirements must I meet to get a divorce in Maryland?

A:
FIRST, either you or your spouse must reside in Maryland for at least one year before filing for a divorce and on the date the divorce papers are filed, or the grounds for the divorce must have occurred in Maryland.

SECOND, Maryland courts will grant an absolute divorce terminating your marriage if the following requirements are met:
Voluntary Separation if you and your spouse voluntarily have lived separate and apart continuously, and without cohabitation, for 12 months, and there is no reasonable hope of a reconciliation.

2 Year Separation if you and your spouse have lived separate and apart continuously, and without cohabitation, for 2 years.

Adultery if your spouse has committed adultery and you have not forgiven your spouse or cohabited afterwards.

Desertion if the desertion has continued for 12 months without interruption before the divorce papers were filed with the court, the desertion is deliberate and final, and there is no reasonable hope of a reconciliation between you and your spouse.
Cruelty of Treatment if you have been abused by your spouse and there is no reasonable expectation of a reconciliation.

Excessively Vicious Conduct if you have been abused by your spouse and there is no reasonable expectation of a reconciliation.

Insanity if your spouse has been confined for at least 3 years, and other statutory requirements are met.

Conviction of a Crime if your spouse has been sentenced to serve at least 3 years and has served 12 months of the sentence.

THIRD

Voluntary Separation if you and your spouse are voluntarily living separate and apart without cohabitation and there is no reasonable hope of a reconciliation.

Desertion if your spouse has left and not returned to the family home.

Cruelty of Treatment if you have or your minor child has been abused by your spouse.

Excessively Vicious Conduct if you have or your minor child has been abused by your spouse.

experienced family law attorney

Q: What is the difference between an absolute divorce and a limited divorce?

A: An Absolute Divorce dissolves a marriage. If you and your spouse cannot agree, the court will decide all issues of custody, property (use and possession, ownership, value, whether marital or non-marital, and sale and/or division), and support (child support and alimony).

A Limited Divorce does not dissolve the marriage, but allows the court, if you and your spouse cannot agree, to decide issues of custody, property (use and possession and ownership only), and support (child support and alimony). The purpose of a Limited Divorce is to provide support until you meet the requirements for an Absolute Divorce. Once you meet the requirements, you may amend the court papers to request an Absolute Divorce.
Q: Can I change my name back to my former name in the divorce?

A: Yes, if you took your spouse's last name in the marriage and no longer wish to use it, the court will return you to your former name as long as your request is not for any illegal, fraudulent, or immoral purpose.
Q: How is property divided by the court in a divorce when the parties cannot agree on the division themselves?

A: Maryland is an equitable division state (not a community property state), which means that the court will consider all the facts and circumstances of the marriage in dividing property. However, there are limits on the court:

The court cannot generally transfer title in property (real or personal), except it may transfer part of a retirement account, pension, or the like from one spouse to another and it may transfer title in personal property, subject to approval of any lien holders, if that property is necessary for the children (family use personal property). So, the court will generally order that all property in one person’s name remains that person’s property.

Because the court cannot transfer title in jointly owned property (real or personal), with the exception of retirement accounts and the like and family use personal property (as described in the paragraph above), any jointly owned property must be sold and the proceeds divided between the parties. The court will divide these proceeds equitably, meaning as is fair in light of all the facts and circumstances of the parties. In making its decision, the court will consider what property is titled in your name and your spouse’s, and how much of that property is marital or non-marital.

If you and your spouse own any property, it is best that you speak with an experienced family law attorney, so you understand all your rights with respect to marital property in your divorce. If your spouse or spouse's attorney gives you any documents about dividing your marital property, you should consult with an attorney before signing any papers. Once signed, it can be very difficult to undo any agreement.

To schedule an appointment to discuss your separation and divorce, any property issues, as well as any proposed separation agreement, please contact us.
Q: Can I use property that is titled in my spouse's name alone or titled jointly if it is necessary for the children?

A: Yes, the court can award “use and possession” of family use property. This includes the family home and family use personal property.

A house is the “family home” if it was acquired during the marriage, was used as the principal residence of the parties when living together, is owned or leased by one or both parties, and is being or will be used by one of the parties and a minor child as the principal residence.

“Family use personal property” is property acquired during the marriage, is owned by one or both of the parties, and is used primarily for family purposes. It includes motor vehicles, furniture, furnishings, and household appliances.
Q: Does my spouse have an interest in my property?

A: It depends upon whether your property is marital, non-marital, or partly marital and partly non-marital.

Marital property is any property acquired during the marriage, including property acquired after your separation and until the date of your divorce. You and your spouse have an interest in all marital property of your marriage.

Non-marital property is property acquired before the marriage, by inheritance, as a gift from a third party (not your spouse), excluded by valid agreement (for example, a prenuptial or antenuptial agreement), or directly traceable to these. Property that starts out as non-marital property may become partly marital if you use funds acquired during the marriage to maintain that property (for example, a house purchase prior to marriage on which you make payments during the marriage from your earnings). Non-marital property may become completely marital if co-mingled with marital property and the non-marital portion cannot be distinguished or separated. Additionally, non-marital property may become marital if title in the property is changed to you and your spouse and a gift was intended. Your spouse does not generally have an interest in your non-marital property.

If you would like to meet with an experienced family law attorney to discuss you separation and divorce, as well as any property issues in your divorce, please contact us to schedule a consultation.
Q: Can I keep non-marital property separate from marital property?

A: Yes. Each situation is unique, but generally if you maintain your non-marital property separate from your marital property, and do not co-mingle it with marital property, you will preserve your non-marital property. Before you transfer or use your non-marital property to acquire new property, you should discuss your situation with an experienced family law attorney.
Q: How does the court decide custody and visitation of children?

A: In Maryland the court examines all facts and circumstances in order to determine what arrangement is in the child’s best interest. The best interests of the child is the chief concern of the court when deciding custody and visitation.
Q: What kind of custody can the court award?

A: In Maryland, the court can order physical custody and legal custody. Physical custody is with whom the child primarily resides, and legal custody is who makes decisions affecting the child’s health, wellbeing, and welfare.

Physical custody may be sole or joint/shared. Sole physical custody means that the child resides primarily with one parent, and has visitation with the other. Joint or shared physical custody is defined by statute, and means that each parent keeps the child overnight for more than 35% of the year.

Legal custody may be sole or joint. Sole legal custody means one parent is responsible for decision-making. Joint legal custody means both parents are responsible for decision-making.

If you have children and are thinking about separation or are involved in a divorce, you should speak with an experienced family law attorney to discuss your rights and obligations early in the process so you understand your options and can make fully-informed decisions from the start - to protect yourself and your children. To schedule a family law consultation, please contact us.
Q: If I file for divorce, can my spouse and I still resolve our issue outside of the court?

A: Yes, at any time during the court process, you and your spouse can reach an out-of-court agreement before the judge or master decides your case. However, by filing in court, you are obligated to comply with the deadlines set by the court, even if you do not intend for your case to go to trial.

If you are interested in discussing options for how to handle your separation and divorce, including Alternative Dispute Resolution, please contact us regarding our Family Law services and to schedule a consultation.
Q: My divorce is uncontested, do I need a witness to attend the divorce hearing?

A: Yes, Maryland courts will not grant a divorce without the testimony of a witness, other than your spouse, to corroborate your testimony about the separation.

You also need to be sure to bring a copy of your marriage certificate with you to the divorce hearing, as well as any agreements signed by the parties.

Whether your case is contested or uncontested, it is important to consult with an experienced family law attorney to understand and protect your rights.
Q: How can I collect back child support?

A: If you are owed back child support, the family law attorneys of Andalman & Flynn can help you obtain a judgment and collect the amount owed. In addition, the Maryland Child Support Enforcement Office may be able to assist you with the collection of arrears.
Q: When do I need to think about child support?

A: If you are not receiving any financial support from your child’s other parent and either 1) you have a child out of wedlock and are not living with your child’s parent, or 2) you and the child's other parent are separated or divorced, you should consider seeking child support.

If you are not paying or receiving child support, you should meet with an experienced family law attorney to discuss your situation and your child's, as well as to calculate possible child support figures. If you are interested in meeting with an attorney to discuss child support, please contact us to schedule a consultation.
Q: Who is entitled to child support?

A: All minor children are entitled to support from their parents, which is paid by the non-custodial parent to the custodial parent on the child’s behalf. This responsibility applies to biological and adopted children alike. In Maryland, it is a crime for parents to fail to support their minor children.

Protection from Abuse and Violence

Q: I have been abused by my spouse/live-in partner, what relief can I seek?

A: You can seek a Protective Order (Temporary, or Interim if afterhours, and Final), under which the court may order your spouse/live-in partner to vacate the family home, stay away from your house, work, and your children’s school(s) and daycare, and not to contact you and/or your children, if appropriate. The court can also order the abuser to pay emergency family maintenance to help you pay your living expenses, can decide temporary custody and visitation of your children, and can order the victim to have use and possession of the family home and vehicle.

Peace Orders may require the abuser to stay away from the victim, not to contact the victim, to stop the abuse, harassment and threats of harm, as well as provide for counseling for either or both the abuser and victim.
Q: How can I obtain a Protective Order?

A: Andaman & Flynn’s experienced attorneys can assist you. If you are unable to meet with an attorney before obtaining a Protective Order or if you require protection after hours, you can go to any District Court or Circuit Court or to the District Court Commissioner’s office to obtain a protective order 24 hours per day.

If you obtain an Interim or Temporary Protective Order before consulting with an attorney, you should immediately consult with an attorney afterward for representation at the Final Protective Order hearing and for help extending the Protective Order, if needed. As discussed in more detail on our Protection from Abuse and Violence page, the Final Protective Order hearing is a critical step in the process, and is difficult because of the clear and convincing evidence required to prove your case. An experienced domestic violence attorney can guide you through the process and increase your chances of a successful outcome in your domestic violence case.
Q: What is the difference between a Protective Order and a Peace Order?

A: Protective Orders are available to people with the following relationships: spouse, blood relative, boyfriend/girlfriend, parent/step-parent-child, child in common, residing with vulnerable adult/minor child, and related by blood to vulnerable adult/minor child. A Protective Order protects such persons from abuse that includes physical harm, imminent danger of serious physical harm, and certain criminal offenses. Please see our Protection from Abuse and Violence page for more detailed information about Protective Orders.

A Peace Order may be obtained between persons who do not have the specific relationships noted above, to protect from abuse that includes physical harm, imminent danger of serious physical harm, certain criminal offenses, harassment, stalking, trespass, and malicious destruction of personal property. A Peace Order generally requires the abuser to stay away from the victim’s residence, work/school, and to refrain from contact with the victim. If you need to seek a Peace Order after hours, you must go to the District Court or District Court Commissioner. Please see our Protection from Abuse and Violence page for more detailed information about Peace Orders.

Criminal Law

Q: I have been charged with a crime (such as misdemeanor, felony, juvenile offense, or criminal traffic violation), what should I do?

A: Each criminal matter is unique and requires immediate review and representation by an experienced criminal defense attorney to address your particular situation. With very serious potential consequences if convicted, it is essential to seek early legal representation to protect your rights from the earliest stages of your case, to provide you with a thorough defense, and to preserve your record if you are wrongly accused.

Whether your charges are a misdemeanor, felony, juvenile offense, or criminal traffic violation, you should immediately seek the counsel of an attorney experienced in criminal defense to assess all the facts and circumstances of your case, and to advocate zealously on your behalf throughout the criminal trial process. If you would like to meet with an attorney, please contact us to schedule a consultation.
Q: What is expungement?

A: Expungement is a process in which you have records pertaining to criminal charges and/or a criminal case against you sealed and made unavailable to the public. Expungement also removes police and court records from public inspection.
Q: When can I file for expungement?

A: In Maryland, the waiting period before you can file for expungement varies, depending upon how your case is concluded. Generally you must wait three years from the conclusion of your case. In some instances, such as acquittal, nolle prosqui, or dismissal, you may be able to request expungement sooner if you also file a General Waiver and Release. In addition, you may need to wait longer than the three years if you are serving probation. There are some situations in which you may not expunge your records, such as when multiple charges have been brought against you and you were convicted of at least one, or you are convicted of a subsequent crime while a probation before judgment, nolle prosqui, stet or pardon was pending.
Q: What is the process to have criminal records expunged?

A: The process in Maryland to request an expungement of records requires the filing of a Petition, and General Waiver and Release if required, with the court, service of the forms on the State's Attorney and each law enforcement agency, submission of the forms to the court in which the case was concluded, and payment of non-refundable filing fees. The process generally takes ninety days from the date filed, unless there is an objection or an appeal. In the event of an objection, your request for an expungement will be set in for a hearing. If there is no objection, then the court will pass the expungement order and you will receive confirmation that your records were expunged by each agency notified.
Q: I received a traffic ticket, what should I do?

A: There are two categories of traffic violations in Maryland: 1) minor violations, and 2) major violations. Minor violations are not subject to jail sentences, while major offenses allow for a jail sentence if you are convicted.

For minor violations in Maryland, you may choose to pay the fine and then any points associated with that ticket will appear on your driving record. On the other hand, you may contest the ticket by going to court. If you do not pay the fine within 15 days of receiving your ticket, you will automatically be scheduled for a court date. When you appear in court, you can enter a plea of "guilty", "not guilty", or "guilty with an explanation". The judge will hear your case and decide if you are guilty or not, and how much of a fine and how many points to assess against you. If you fail to pay the fine and do not appear in court, your license may be suspended.

For serious driving violations in Maryland, you must appear in court, and you do not have the option of avoiding court by paying the fine. You will receive a summons in the mail notifying you of the date, time, and location of the trial. If you then fail to appear in court when summoned, the judge will issue a warrant for your arrest.
Q: What can an attorney do for me if I have a traffic ticket?

A: You may retain an attorney to represent you in court for minor or major traffic violations. In Maryland, you have the right to an attorney if you are charged with a traffic violaton that carries a possible jail term, and you may apply for and receive the services of the Public Defender if you meet income requirements. The attorneys of Andalman & Flynn have represented persons charged with traffic violations of all kinds, and have the experience needed to help you resolve your ticket as quickly and fairly as possible.

By having an experienced attorney represent you, you increase your chances of having your defenses effectively presented in court and, therefore, you have a greater likelihood of having the traffic citation or charge dismissed, or the fine lowered and the resulting points reduced. For the sake of your driving record and insurance rates, you should consider all traffic tickets to be serious matters. Please contact us for a consultation.

Alternative Dispute Resolution

Q: What is Alternative Dispute Resolution or ADR?

A: Alternative Dispute Resolution or ADR has many forms, such as:

• Mediation, with or without attorneys for the parties
• Collaborative Law, both in General Disputes and Separation, Divorce, and Family Law
• Arbitration

ADR is different from litigation. In litigation, the parties are adversaries and a judge makes the final decision for the parties. However, in Mediation and Collaborative Law, the parties work together to decide themselves how best to resolve their situation to suit everyone's needs. ADR is a "win-win" process, whereas litigation is "win-lose". Arbitration, on the other hand, is similar to litigation in that each party presents its side to a neutral third party, the arbitrator, who will decide the outcome of the dispute, but it is an alternative to formal litigation and typically provides a faster resolution and is much less expensive than a court proceeding.

The attorneys of Andalman & Flynn are expereinced in serving as mediators, as well as representing clients in ADR and arbitration proceedings.
Q: Do I have to participate in ADR, either before or after filing suit in court?

A: Typically, ADR is a choice made by the parties to attempt to resolve their dispute outside of the court process and without the ongoing expense of litigation. However, Arbitration is generally required under statute, regulation, or the parties' contract. Likewise, ADR may be required under your divorce and custody agreement as a first step toward dispute resolution, before filing suit.

In addition, both state and federal courts often order Mediation with a court-appointed mediator or facilitator because the courts find that, when Mediation is attempted, most cases settle before trial. This is because the parties know their situation best and, therefore, can generally find a mutually-acceptable resolution, particularly when the alternative is to turn over all decision-making to a judge.
Q: Should I be represented by an attorney at or during ADR sessions or proceedings?

A: Yes, and in certain instances, you may be required to have the representation of a trained professional, for example during Collaborative Law sessions. However, in Mediation, it is often up to the parties whether or not to include their attorneys in the mediation session, and in some court-ordered mediation the attorneys may not be present.

It is important to have the representation of an attorney before, during, and after an agreement is reached, to advise you on your rights and to review the terms of any settlement before signing. In addition, Arbitration is often a required first step in the dispute resolution process (whereas Mediation and Collaborative Law are generally voluntary), therefore it is important to have the representation of an attorney at the earliest stages of your case to protect your rights and interests, especially in the event of an appeal.

The attorneys at Andalman & Flynn have the experience and training to represent you effectively during all stages of Mediation, in the Collaborative Law process, and in Arbitration proceedings, as well as serving as the neutral mediator in your Mediation sessions.
Q: I am interested in ADR, but the other side is not; what can I do?

A: ADR, with the exception of Arbitration, is usually a voluntary process, so you cannot force the other side to participate in Mediation or Collaborative Law to resolve your conflict. In addition, ADR relies on cooperation and negotiation for its success. Therefore, if one party refuses, litigation may be the only answer to move toward a resolution. Arbitration is generally mandatory, under statute, regulation, or contract.

On the other hand, if suit is filed, the court frequently will order the parties to participate in Mediation or other form of ADR with a court-appointed mediator or facilitator. As well, the parties may elect to use ADR at any point in their court case before a judge's or master's decision issues.
Q: When should I attempt ADR to resolve my dispute?

A: Except for Arbitration, ADR can be initiated at any stage of a dispute - whether suit has been filed or not. Mediation can be attempted any time before a judge or master issues a decision. The Collaborative Law process is generally begun before suit is filed because the Collaborative Law attorneys cannot represent their respective clients in litigation and new, separate attorneys must be retained. However, if the parties have already filed suit, depending upon the existing court deadlines and the nature of the dispute, the parties may be able to stay the court proceedings and seek a Collaborative Law resolution.

Early attempts at ADR usually bring about a faster, less expensive resolution. Once suit it filed, there are court deadlines that must be complied with in most instances, regardless of any pending ADR between the parties.
Q: If ADR fails, what recourse do I have to resolve my case?

A: In Collaborative Law, before the process can begin, the parties are required to commit, in writing to resolving their conflict in a written agreement. If the Collaborative Law process fails, the parties must retain new counsel to file suit in court, which is a powerful motivator for success. Either party may filed suit in court if the Collaborative Law process is unsuccessful.

If Mediation fails, either party may file in court, and if suit is already pending, it generally continues uninterrupted.

If you are dissatisfied with the Arbitration decision, you may have the right to an appeal. Each Arbitration matter is unique because of the many different statutes, regulations and contracts that require Arbitration. If you are involved in Arbitration, it is best that you seek the advice of an experienced arbitration attorney who can explain the potential consequences and the appeals process.
Q: How can an attorney assist me in selecting which type of ADR is appropriate for my case and in the ADR itself?

A: The best way to determine which type of ADR is best for you is to meet with an attorney and describe fully your circumstances and goals, and to discuss all of the pros and cons of each of the various types of ADR.

If you decide to pursue ADR, it is very important that you work closely with an attorney to strategize the presentation of your circumstances, and to receive advice on the viability of your claim or defense. Please contact Andalman & Flynn for an ADR consultation.

Collections

Q: What is the difference between a small claim and large claim case?

A: In Maryland, cases with a balance due of $5,000 or less are small claims, and are filed in the District Court of Maryland. Cases with a balance due of $5,001 to $25,000 are large claims and are also filed in the District Court of Maryland. The difference between the two is that the rules of evidence and discovery (disclosure of facts and documents prior to trial) do not apply in small claims cases.

Cases with a balance due of $25,001 and greater must be filed in the Circuit Court. Additionally, a jury trial may be requested on all cases where the balance due is $10,000 or more. All jury trials are heard in the Circuit Court, and a District Court case will be transferred to Circuit Court if a jury trial is requested.

Andalman & Flynn handles collections cases in Maryland’s District Court (small and large claims) and Circuit Court, including jury trials. If you are interested in more information about Andalman & Flynn's collections department and services, please contact us.
Q: How long can I wait to file suit?

A: Generally, in Maryland, you must file suit within three (3) years after work was last performed or materials last provided. The time can be as short as 1 year in specific cases, such as construction cases (see our articles on the Miller Act and Little Miller Act under Publications – Collections). This three (3) year period, known as the statute of limitations, may be extended by actions of the debtor – such as payments or admitting to owing the debt – after the statute of limitations has passed.

It is best to begin collection efforts as soon as possible, while you still know the debtor’s location and situation, and have current information about assets and employment. The longer you wait to collect on your accounts, the less likely your collection efforts will succeed. If, however, you have older accounts that you are interested in pursuing, please contact our Collections Department to discuss your accounts.
Q: If I hire an attorney to collect my account, can I request attorney’s fees?

A: In Maryland, attorney’s fees are generally only allowed if the contract specifically provides for recovery of attorney’s fees or if provided by statute. If your contract is silent, you may not be entitled to attorney’s fees in addition to the balance due.

Andalman & Flynn’s collections attorneys can review your contracts to help protect your ability to collect if the account is not paid, and can draft language to entitle you to receive attorney’s fees and interest on your unpaid accounts.
Q: How much interest can I charge on my overdue accounts?

A: In Maryland, if your contract does not provide for a specific rate of interest, you can charge interest at the constitutional amount of 6% simple interest per year. Otherwise, you can charge whatever interest is specified in your written agreement, subject to certain limitations.
Q: What if I have an overdue account, but no written contract?

A: If there is no written contract, you can pursue a claim for payment on the basis of an oral contract, an implied contract or that it would be unfair to have provided the services/materials without being paid. Andalman & Flynn’s collections attorneys have proven themselves particularly successful and creative in collecting accounts based upon oral and implied contracts.

If you do not have written contracts for the work you perform, Andalman & Flynn’s collections attorneys can prepare such contracts for you. If you are interested in additional information about Andalman & Flynn's collections department and services, please contact us.
Q: I have a judgment but have not been paid, can Andalman & Flynn help?

A: Yes. Andalman & Flynn has the staff, resources and contacts to locate assets and execute on older judgments. The only concern is that judgments are valid in Maryland for 12 years, unless renewed for a longer period. If your judgment is older than that, Andalman & Flynn will investigate whether your judgment can still be renewed or if you have any other avenues of relief available to you.

Andalman & Flynn’s collections department is very experienced in enforcing judgments through garnishments on wages, bank accounts, and other property; liens on real property; and, sheriff’s levy and sale of real property.
Q: What can Andalman & Flynn’s attorneys do to collect my account(s) that I cannot?

A: Our team of highly trained collection paralegals and experienced attorneys provide comprehensive collections services, including pre-litigation collections and negotiations, asset investigation, litigation, and post-judgment collections. Therefore, we provide a seamless transition from each of these phases to the next.
Q: What are Andalman & Flynn’s rates for collections services?

A: We operate on a contingency and an hourly fee basis, with costs and expenses billed separately, depending upon the type and volume of accounts placed. Please contact our office directly for a personalized fee quote.
Q: How do I place my overdue accounts with Andalman & Flynn for collection?

A: Once you are an Andalman & Flynn client, you may transmit your overdue accounts to us in a manner that is convenient for you, such as via fax to 301-563-4014, hard copy by mail, e-mail addressed to “collections@a-f.net”, through our website, or even just by phone to our collections department at 240-247-0116.
Q: What documents do I need to provide to place an account with Andalman & Flynn for collection?

A: It depends on the type of account you are placing, but generally we need copies of the contract or agreement governing the debt, all correspondence pertaining to the debt, and an itemized invoice or statement of the balance owed. For some types of accounts, we have transmittal forms that we ask be sent with your documentation.
Q: Once placed, how will I be updated about the status of my account(s)?

A: Andalman & Flynn sends monthly reports to our collections clients about the status of all your accounts. In addition, our staff is happy to answer any questions or concerns that you may have regarding a specific account; we welcome your inquiries by mail, email addressed to collections@a-f.net, calls to our collections department at 240-247-0116, or fax to 301-563-4014.
Q: Going to court can be expensive; what will it cost if suit is filed?

A: In general, costs to locate the debtor, file suit, and serve the debtor range from $65 to $250 per suit, depending on the value of the account, location and number of debtors, and the amount of investigation necessary to serve the debtor with the suit papers.
Q: How will I be billed for costs?

A: Generally, we advance the costs and then either offset them on your monthly remittance, or mail invoices for costs separately, depending on your preference and the nature and quantity of your accounts.
Q: If suit is filed on my account(s), will I have to appear in court?

A: We cannot file suit on your behalf if you are unwilling to go to court under any circumstances. However, the majority of our cases do not require our clients to go to court. While it is unlikely that you will have to go to court for a given account, we cannot promise that you will not ever have to appear in court. The debtor always has the right to a full trial with you, or an appropriate representative from you company, attending as a witness. If you have specific concerns about appearing in court, our staff is available to address those with you at any time before trial.
Q: If the debtor moves out of the area or out of the state, what are my options?

A: Our firm has the ability to manage most accounts, whether across the county or across the country. If a debtor moves out of the state, we will advise you of your options, including a cost-benefit analysis of continued pursuit. Then you decide whether to continue with Andalman & Flynn’s services to pursue that account.

For our clients who send us accounts in bulk, or if you simply do not wish to worry about this on individual accounts, we can always set up parameters in advance for how you would like your out-of-state accounts handled, and then we would only contact you if there were a problem.

Personal Injury

Q: Will I have to go to Court?

A: Many personal injury cases are settled prior to filing a lawsuit in Court. If you are unsatisfied with the insurance company’s final settlement offer, you and your attorney may decide to go to Court. While you do not have to file a lawsuit in Court to resolve your personal injury claim, your attorney may advise you that it is your best option.

Going to Court may seem daunting, but if you choose to be represented by Andalman & Flynn, you will be guided through every step of the process by a skilled and experienced lawyer who represents and protects your best interests.

If you have been hurt as the result of an accident, defective product, on another's property, or as the result of another's negligent actions, and wish to meet with an attorney, please contact us to schedule a consultation.
Q: How long will it take to resolve my personal injury claim?

A: In most cases, it is best to wait until you finish medical treatment before any demand is made to an insurance company for payment of the damages you suffered. This ensures that all foreseeable medical expenses will be covered in any settlement agreement. Only a doctor can determine how long you will need treatment. However, in cases of severe and catastrophic injuries where treatment lasts for a very long time or indefinitely, it may be in your best interest to pursue a claim before treatment finishes.

Once a demand is sent, the insurance company will usually respond within 30 days. However, in some cases it is simply to request additional information. Once the insurance company makes an offer, negotiations will begin. If the insurance company does not respond, or if their final offer is unfair, you may decide to pursue the claim in court.

Court proceedings often take one to two years to conclude.

In any personal injury case, it is very important to speak with an experienced personal injury attorney as soon as possible after your accident or injury to discuss your rights, the specific lawsuit filing deadlines in your state, and what that means for your case. If you would like to speak with an attorney, please contact us to schedule an appointment. If you wait too long after the injuries occurred, you may give up your right to file a lawsuit and recover any payment for your damages.
Q: How much is my case worth?

A: Whether you have been injured through the use of a defective product, medication, or the negligence of a driver, or a doctor, or a property owner, the value of your case is directly related to the severity and permanency of your injuries, the amount of time it takes you to recover, and the pain and suffering you endure because of your injuries. If you miss work because of your injury, you are generally entitled to money for lost wages. If your injuries result in a permanent disability, you are usually entitled to significantly more money to secure your lifelong income and medical care.

Because each case is different, the value of your case depends on the facts and circumstances of your specific situation. The best way to determine how much money you can reasonably expect to receive from a personal injury claim is to consult with an experienced personal injury attorney. If you wish to consult with an attorney at Andalman & Flynn, please call (301) 563-6685 or contact us online to set up a free consultation.
Q: How do I choose a doctor to evaluate and treat my injuries?

A: You may choose to be treated by any doctor you like. Some of our clients see their family physicians, while others ask friends, or even their lawyer, to recommend a doctor. If you have health insurance, it may be best to follow the provider’s standard procedures. Some health insurance providers require you to see your PCP (Primary Care Physician) to obtain a referral before going to a specialist, such as an orthopedist.

Be sure to tell your doctor that your injuries are the result of an accident. Liability insurance companies (i.e. the insurance company of the person or company who injured you) will want to see proof that your injuries were caused by the accident, and your doctor cannot properly evaluate or document your injuries if you do not tell him or her how you got them—don’t make your doctor guess!
Q: How long should I continue to see my doctor?

A: You should see your doctor until you recover fully or until you achieve “maximum medical improvement.” At that point, your doctor will discharge you from treatment. It is important that you do not leave treatment before your doctor releases you from treatment. If you do, you may be endangering your health. You may also be weakening your personal injury claim. Insurance companies will only take your claim as seriously as you do—if you leave treatment early, or miss your doctor appointments, the insurance company may argue that your failure to follow your doctor’s treatment plan shows that you were not really hurt.

If you feel better before you are discharged, you should report to your next appointment and talk to your doctor. He or she relies upon your feedback to determine an appropriate treatment plan.
Q: What should I do to protect my rights if I am involved in a car accident?

A:
• Call the police. You should immediately call the police and report the accident to protect your rights. A police report is very useful in establishing how the accident happened and who was at fault. If anyone is seriously injured or so asks, call 911.

• If needed, go to the Emergency Room. Your health is your first priority, so do not hesitate to go to the ER if you are badly hurt. You should be able to obtain all the necessary information from the local police department after your injuries have been treated. Your lawyer can help you get that information.

• Do not move your car. Unless the placement of your car is hazardous to other drivers, you should not move it until the police arrive. The position of your car may help the police to understand how the accident happened.

• Be careful of what you say. Things you say at the scene of an accident may be misinterpreted by the other driver or by witnesses. You should not apologize for the accident or accept fault for it, especially if you are not sure whose fault it was. You may not know exactly how the accident happened until a police officer and an attorney have evaluated the situation.

• Write everything down. Write down the license plate number, make, model, and color of the other car; the other driver’s name, address, driver’s license number, and insurance information (name of company, policy number, telephone number, and contact person); the location of the accident; and a short description of what happened. Don’t rely only on your memory—you may be surprised how easy it is to forget key details of the accident.

• See your doctor. Hopefully you will not need to rush to the hospital, but you should schedule an appointment to see a doctor. Even if you think your injuries are minor, it is best to have them evaluated by a trained physician.

• Talk to a lawyer. Auto accident cases can be very complex; and insurance companies work hard to pay you as little money as possible. In order to protect your rights, you should consult with an experienced lawyer to discuss your specific situation and your rights.
Q: Why should I “get insurance involved” if the other driver is willing to pay to fix my car?

A: Never leave the scene of an accident without writing down the other driver’s insurance information. These days many drivers will say, “No one is injured; let’s not get insurance involved—I’ll just pay to repair your car.” While no one wants to risk higher insurance rates, it is important that you fully protect your rights by obtaining the other driver’s insurance information. In most states, drivers involved in an accident are required by law to show their license and insurance card (if asked) to anyone else involved in the accident. Be sure to ask the other driver for his or her driver’s license and insurance card.

You may not think that you are injured at the time the accident occurs. However, many injuries, including serious ones, do not present symptoms until hours later. Additionally, the “adrenaline-rush” of a frightening accident may suppress the pain of an injury. You should not be responsible for paying medical bills for injuries caused by another driver’s negligence.

While it may be possible to investigate a claim without the other driver’s insurance information, you are putting yourself at risk if you do not accurately obtain that information before leaving the scene of an accident.
Q: Who will pay my medical bills and lost wages?

A: In most cases, your attorney will help you file a claim for medical bills, lost wages, and pain and suffering against the insurance carrier of the driver who was responsible for the accident. If the driver who caused the accident is uninsured or does not have enough insurance coverage to pay you what you deserve, your attorney may advise you to file a claim against your own insurance company under your “uninsured motorist” coverage.

The purpose of car insurance is to protect each one of us from the potential negligence of another driver. However, insurance providers are for-profit companies that hire highly trained and experienced professionals to maximize company profits. That means they look for ways to pay you as little as possible for your injuries. The best way to protect yourself and ensure that you receive the money you deserve is to hire an experienced personal injury lawyer.

Unfortunately, these claims can take quite a while to resolve. Many of our clients worry about how they will pay their medical bills now to ensure that they receive proper medical care and prevent damage to their credit reports.

One way to pay for treatment is with money paid out from your PIP coverage (see FAQ below for more details about “PIP”). Additionally, if you have health insurance, you should follow the standard claims procedure of your health insurance provider and it should cover your medical expenses according to your policy. If you are one of the growing number of Americans without health insurance, you may still be able to receive the treatment you deserve, by using your PIP coverage or with the help of doctors who understand the difficult process of personal injury claims, and are willing to wait on your lawsuit before collecting their fees.
Q: What if I am involved in a hit-and-run accident or an accident with an uninsured driver?

A: If you are involved in a hit-and-run accident, you should immediately report the accident to the police. If you saw the vehicle that hit you, try to write down the make, model, color, and tag number. Get the names and telephone numbers of pedestrians and other drivers who saw the accident; ask if they saw anything that may help identify the other driver. It is best to stay at or near the scene of the accident until a police officer arrives. He or she will look for evidence and talk to any witnesses. The officer should fill out a police report, which will document the hit-and-run incident.

If the police are unable to identify the other driver, it is likely that you are still entitled to compensation from your own insurance company under your “uninsured motorist” coverage. In order to get the most money out of such a claim, you should consult with an experienced personal injury attorney to help you with the claims process.

If you are hit by a driver who does not have insurance, you should follow the same procedures in the FAQ above, “What should I do to protect my rights if I am involved in a car accident?” It is likely that you are entitled to compensation from your own insurance company under your “uninsured motorist” coverage, but you may be asked to provide evidence that the other driver was actually uninsured. You should still get his or her name, address, and driver’s license number and write down the make, model, color, and license plate number of his or her car.

If you would like to speak with an experienced personal injury attorney about a hit-and-run accident or an accident with an uninsured driver, please contact us to schedule an appointment.
Q: What is PIP?

A: PIP stands for Personal Injury Protection. It is an optional part of car insurance for Maryland and District of Columbia residents that usually provides a minimum of $2,500 towards medical bills and lost wages arising from an accident. In Maryland, insurance companies are required to offer you PIP coverage when you purchase an insurance policy.

PIP is known as “no fault” coverage, which means that you can receive money regardless of who caused the accident, and your insurance rates should not go up because you applied for PIP money. PIP coverage is provided by your own insurance company for you and your passengers when injured in a car accident, regardless of who was at fault. It can cover medical bills and up to 80% of lost wages up to the limits of coverage purchased.

Social Security Disability Insurance

Q: What can I do to help my Social Security Disability claim and increase my chances of success?

A: These are medical claims. You need to be in treatment with a doctor, psychologist, or other medical provider. Make sure to tell your doctor about your symptoms. If your doctor does not know, then this important information won’t be in the doctor’s records collected by the Social Security Administration. Also, try to keep copies of everything Social Security sends you, and all the documents that you submit. Finally, get a lawyer to help you. Everyone can afford an experienced attorney on Social Security Disability claims.
Q: What is Social Security looking for regarding my claim?

A: Social Security looks at several factors to decide your claim, including medical condition, age, education, and previous work done in the last fifteen years. Your medical condition(s) must have lasted, or be expected to last, for at least one year, or be expected to result in your death. If you are over 55, you generally have to prove that you are disabled from performing the work you performed in the last 15 years. If you are under 50, you have to prove that you are disabled from performing any job that exists in the national economy.
Q: If my claim is successful, how much will my benefit be?

A: Your benefit amount depends upon how much you paid into the Social Security system. Benefit amounts range on average from approximately $500 to $1,900 per month. If you have dependent children under age 18, you will likely be paid an additional 50% of your benefit amount for your children’s support. You will not get paid for the first five, full months of disability. You cannot get paid back benefits dating more than one year prior to your date of application. Therefore, it is important that you not delay in submitting your application for Social Security Disability benefits. If you wish to discuss your case with an experienced disability attorney, please contact us.
Q: What are the eligibility requirements for applying for Social Security Disability benefits?

A: Social Security Disability Insurance benefits (SSDI) is an insurance program. You have to pay premiums into the system, through working and paying Social Security taxes, in order to be “insured.” Normally, to be “insured” you must have earned 40 quarters of coverage (approximately 10 years of work) and worked 5 out of the last 10 years. If you are not insured and meet the federal poverty guidelines, you may be eligible for Supplemental Security Income (SSI).
Q: Can I work and still receive Social Security Disability benefits?

A: Working and receiving benefits is possible under very limited circumstances. Generally, if your wages are not “gainful,” less than $800.00 gross wages per month, or your work is not “substantial,” then you can work and also get Social Security Disability benefits. Also, once you are found disabled you can get a trial work period of up to 9 months total (not necessarily consecutive), during which you can try work while still getting Social Security Disability benefits.
Q: Are there other Social Security Disability benefits available in addition to the cash assistance?

A: After receiving Social Security Disability benefits in the form of monthly cash assistance for 24 months, you are eligible to be enrolled in the Medicare health insurance program. If you win Supplemental Security Income (SSI), you get Medicaid.
Q: How do I contact the Social Security Administration?

A: Call the Social Security Administration national toll-free hotline at 1-800-772-1213, visit the Social Security Administration's website, or visit your local Social Security office.
Q: Why should I hire Andalman & Flynn to handle my Social Security Disability claim?

A: Andalman & Flynn has over 30 years of experience in representing individuals in their claims for Social Security Disability benefits. We know how to evaluate the medical evidence, fill in the missing pieces, and work with your doctors to best present your claim for disability. We take the time to regularly follow-up on the status of your claim to ensure that it does not get lost in the system. If you have to go to a hearing before an Administrative Law Judge, Andalman & Flynn will prepare you to testify. Simply put, we can help maximize your chances of winning your claim.

If you are interested in more information about Andalman & Flynn's Social Security Disability claims services, please contact us either online or at 301-563-6685 to schedule a consultation.
Q: How much does it cost to hire Andalman & Flynn to handle my Social Security Disability claim?

A: We only get paid if you win. Generally our fee is 25% of past-due benefits with a maximum fee of $5,300.00. Any attorney’s fee must be approved by the Social Security Administration.
Q: How long does the Social Security Disability claim process take?

A: We recognize that the application process for Social Security Disability can be long and frustrating. Typically it takes three to four months to get a decision on the initial claim. If denied, it often takes another three to four months to get a decision on the request for reconsideration. If denied on reconsideration, you then must file a request for hearing. It currently takes about twelve months to get a hearing. Be mindful of the specified deadlines to appeal a Social Security Administration decision. Appeals generally must be filed within 60 days.

Andalman & Flynn represents claimants at all stages of their Social Security Disability claim. If you have been denied Social Security Disability benefits, please contact us for a consultation to discuss your appeal rights and to evaluate your case.

Long Term Disability Insurance / ERISA

Q: Why should I hire Andalman & Flynn to handle my LTD claim?

A: Andalman & Flynn has many years of experience representing disabled employees with their claims for Long Term Disability (LTD) benefits. We know how to evaluate the medical evidence, fill in the missing pieces of medical, vocational, or other factual proof, and work with you and your doctors to best present your claim for LTD benefits. Simply put, we can help maximize the chances of winning your claim.

If you consult with us prior to applying for LTD benefits we can assist you in strategizing what is the best course of action for you. We also offer assistance for disabled employees seeking reasonable accommodations from their workplace to continue working; advice on how to discuss your disability and needs for reasonable accommodation with your employer; and, assistance with related claims such as for leave under the Family and Medical Leave Act, Short Term Disability benefits, or severance pay.

If you are interested in meeting with an experienced disability attorney, please contact us.
Q: How much does it cost to hire Andalman & Flynn?

A: Andalman & Flynn provides clients with a choice of retainer agreements on claims for Long Term Disability benefits, which include payment on an hourly basis for work performed, contingency fees, and mixed fee agreements. A contingency fee means that the fee is not owed unless the claim is won. An hourly fee is paid for all work performed on the case, whether the case is won or lost. A mixed fee agreement usually provides a flat fee owed at the beginning of the case and then a lower contingency fee if the case is won.
Q: What is the definition of “disability”?

A: Each Long Term Disability insurance policy can have different definitions of “disability”. Therefore, it is important to pay close attention to the definition of “disability” in your Long Term Disability insurance policy, which is often referred to as the “plan document”. You should try to get a copy of the “plan document”; do not rely on the abbreviated “summary plan document”; and, do not rely on word of mouth or what is provided by another insurance policy.

The three most common definitions of “disability” are:
(1) “own occupation” - you only have to prove that you are disabled from performing the material duties of the occupation you were in when you became disabled to work;
(2) “any job for which you are reasonably qualified” - you have to prove that you are disabled from performing any job for which you are reasonably qualified for based on your education, training, and experience; and
(3) “any occupation” - you have to prove that you are disabled from performing the material duties of any occupation.

Even if you have been determined to be disabled by the Social Security Administration, Long Term Disability insurance plans must consider this finding but are not required to make the same decision.

Proving disability to the satisfaction of the insurance companies is not easy and an experienced disability lawyer can be a great help in gathering the medical, vocational, and factual proof necessary to win. If you wish to meet with an attorney to discuss your case, please contact us.
Q: Where do I file my application and from what date do my benefits start?

A: You normally can obtain the application paperwork from your human resources department. The application commonly contains sections for you, your employer, and your physician to complete. The application is often submitted through your human resources department, which then submits it to the insurance company. The start date of your benefits depends upon your policy, but there is often an “elimination period”, meaning a period of time after your disability onset date during which you are not eligible to receive benefits or back benefits. Usually elimination periods range from 60 to 180 days after the date of disability.
Q: How long does the process take?

A: Applications for Long Term Disability benefits are generally decided quickly on initial application. The regulations issued by the Department of Labor for ERISA claims require the insurance company to make a decision within 45 days of receiving your completed application. If the insurance company needs more time, it must notify you in writing, and the insurance company may take up to two 30-day extensions.

If your claim is denied, however, the process takes much longer. In ERISA claims you must file an administrative appeal, which often takes six months. You have 180 days (approximately 6 months) to file the appeal. Once the appeal is filed, the insurance company again has 45 days to make a decision and can ask for an extension of 45 days.

If your administrative appeal is denied, then you must appeal the decision with the Court, which often takes one to two years. Please see question “What are my appeal rights?” below for additional information about appeals.

If you have filed an application for LTD benefits and not received a response, or have been denied, you should contact an attorney immediately to discuss your rights.
Q: How much will I get paid?

A: The amount of your benefit is determined by your policy. It is most commonly paid monthly and is a percent of your salary. Most policies pay either 60% of salary or 66.67% of salary. Salary is also defined in the policy and may or may not include bonuses.
Q: What are my appeal rights?

A: The majority of Long Term Disability policies are group policies issued through an employer, and are governed by federal law, specifically ERISA (Employee Retirement Income Security Act). If your initial application is denied, ERISA regulations grant you 180 days to file an administrative appeal. If the insurance company issues a final denial decision, then your only appeal under ERISA is to federal court for review of the decision “on the record”, meaning based only upon the documents submitted to the insurance company. There is usually no right to a trial and no right to a jury under ERISA. Most often employees are required to prove to the Court that the insurance company decision is “not supported by any substantial evidence,” which is difficult to prove. Therefore, it is important to seek the advice and representation of an attorney experienced in Long Term Disability claims early in your case so that the insurance company has all the documents it needs from the start, and so the necessary information is on the record in the event of an appeal.

Please contact us if you would like to schedule a consultation to discuss your LTD claim or appeal with an experienced disability attorney.
Q: What is an “offset provision”?

A: An “offset provision” allows the insurance company to deduct, or “offset,” certain “other income” from your disability benefits. For example, if you are receiving Social Security Disability benefits, or workers’ compensation payments, among other benefits, the “offset” provision allows your Long Term Disability carrier to reduce your monthly LTD payment by the amount of “other income” you receive from other disability-related benefits.

“Other income” commonly includes your personal benefit, as well as any benefits paid to your dependents, such as benefits payable to minor children in Social Security Disability awards. The award of Social Security Disability or other benefits, which often occurs after LTD payments start, may also result in an “overpayment” from your Long Term Disability carrier, and your Long Term Disability carrier may seek repayment of any overpayment from you.
Q: What other key provisions of my LTD policy should I know about or look for?

A: When reading your Long Term Disability policy, pay careful attention to definitions of “disability,” “time limits,” “elimination periods,” “offset provisions,” “mental and nervous limitations,” and “partial disability.” As mentioned, these definitions can vary in each policy, and the definitions determine how decisions will be made by the insurance company in your particular case. An attorney experienced in LTD can explain how each of these terms affects your particular case and how best to present the facts and circumstances of your situation to the insurance company.

If you are disabled and would like to discuss your LTD policy and filing a claim, please contact us to schedule a consultation.
Q: Can I work and still get LTD benefits?

A: Whether you can work and also receive Long Term Disability benefits depends upon the terms and conditions in your policy. There is often a provision that allows you to earn up to a specified percent of your previous salary and still receive benefits. For instance, some policies allow you to earn up to 20% of salary with no reduction in benefits, and then a sliding scale of reduced benefits up until you reach 80% of prior salary, at which time benefits are stopped.

Andalman & Flynn's disability law attorneys are available to discuss your LTD policy and changes to your benefits if you are considering returning to work. To schedule a consultation, please contact us.

Maryland Teacher and State Disability Retirement

Q: Why should I hire Andalman & Flynn?

A: Andalman & Flynn has years of experience representing teachers and other state workers on claims for disability benefits. We know how to evaluate the medical evidence, fill in the missing pieces, and work with your doctors to best present your claim for disability. We take the time to regularly follow-up on the status of your claim to ensure that it does not get lost in the system. Simply put, we can help maximize your chances of winning your claim.
Q: How much does it cost to hire Andalman & Flynn?

A: We give the client the option of paying for the work on an hourly fee basis or on a mostly contingency fee basis. A contingency fee is contingent on winning your claim, and is only owed if your claim is won.
Q: When should I file my claim and how long will the process take?

A: You may file a claim for disability retirement while you are still on payroll. You must file a claim within three years of going off payroll if you are a member of the non-contributory pension system or within four years if you are a member of the contributory pension system. Once you file an application it can take several months for your claim to be processed. The Medical Board and Board of Trustees meet once a month to review and make decisions on disability retirement applications. If the Board needs more information, it can delay decision on your claim while it seeks additional evidence. Make sure you provide medical records to support your claim in addition to the Attending Physician Statement.
Q: What is the definition of disability?

A: You must demonstrate that you are “permanently” unable to perform the duties of your job, as determined by the Retirement Agency’s Medical Board and approved by the Board of Trustees. “Permanently” is defined as lasting at least one year.
Q: What is the difference between ordinary and accidental disability?

A: Ordinary disability covers a permanently disabling medical condition. Accidental disability applies to a permanently disabling medical condition resulting from injuries sustained from an accident that occurred on the job. An Accidental Disability retirement pays a higher annuity. In order to be eligible for Ordinary Disability benefits, you must have a minimum of five years of eligibility service. Before you apply for disability benefits, be certain that you have enough service credits. If you need to purchase additional credits, you may only do so while you are still on payroll and considered an employee. Accidental disability benefits do not have a minimum service credit requirement.
Q: How much will I get paid?

A: The amount of your monthly benefit is dependent on several factors, including (1) whether you were in the contributory or non-contributory pension system; (2) whether the disability is ordinary or accidental; and (3) the highest three consecutive years of salary, which may not necessarily be your three most recent years of salary.
Q: Where do I file my application and from what date do my benefits start?

A: You must file your application with the Retirement Coordinator of your agency. Your benefits start the month you file your application or the date you last worked, whichever is later.
Q: Can I work and still get benefits?

A: You are subject to certain earnings restrictions if you become reemployed while earning ordinary disability retirement benefits. There will be an earnings limit listed on the letter acknowledging your retirement. If you exceed the earnings limitation, your retirement allowance is reduced $1 for every $2 earned in excess of your earnings limit.
Q: Do I get to keep my medical insurance if my application is approved?

A: A State employee who is approved for a disability retirement (accidental or ordinary) is automatically eligible for continued health insurance coverage through the State Health Program. The State subsidizes health premium costs for retired State employees. The amount of this subsidy is determined according to each retiree’s State creditable service.

If you are a County employee, such as a public school teacher, your eligibility for continued health insurance coverage is determined by the County for which you worked. Each county has different requirements. Prince George’s County, for instance, requires 12 years of service to be eligible for continued health insurance coverage on an ordinary disability retirement claim.
Q: What are my appeal rights?

A: If your initial application is not approved, you have the right to request reconsideration. If the claim is denied again, there are further appeal rights, which include a hearing before an administrative law judge, an appeal to the State Retirement Board, and ultimately you can petition for Court review.

Employment Law

Q: Who is protected from discrimination?

A: Federal Law protects people from discrimination because of a person’s race, gender, religion, national origin, age, and disability. So, race, gender, national origin, age, and disability are considered “protected categories” of people who are protected from discrimination. In addition, you cannot be discriminated against because you complain about discrimination. When discrimination occurs, it often touches on several “protected categories” at the same time; meaning, an act might be discrimination because of race, and gender, and age. For the most part, employers with 15 or more employees are required to comply with federal anti-discrimination laws, including private employers and state and local governments.

Some states or counties also protect against discrimination because of sexual orientation, marital status, physical appearance, and family responsibility. Many state and local anti-discrimination laws also protect employees who work for employers with less than 15 workers.

If you believe you have been the victim of discrimination, it is important that you contact an attorney experienced in discrimination to determine exactly which laws and protections apply to your situation. To schedule a consultation, please contact us.
Q: What are some examples of workplace discrimination?

A: Discrimination in the workplace takes many forms, and generally includes unfair treatment in hiring, firing, promoting, pay, job training, advancement opportunities, as well as being subjected to a “hostile work environment” because of the employee’s being in a “protected category.” A “hostile work environment” generally means that an employee is treated differently by managers and co-workers. Discrimination also occurs when an employer applies its policies, procedures, and terms and conditions of employment differently with employees in “protected categories” than its other employees.
Q: What is age discrimination?

A: The federal Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age and older from discrimination because of their age. Many ADEA cases involve older employees who were fired and replaced by younger employees because the employer wants to save money on salaries or benefits. Other examples of age discrimination: an older employee is passed up for a promotion that is then given to a less qualified, younger person; or, an older employee is subjected to frequent age-related comments before being fired or demoted.

In the District of Columbia, the D.C. Human Rights Act protects all persons age 18 and older from discrimination based on age.
Q: What is race discrimination?

A: Race discrimination occurs when an employee has been treated unfairly, harmed, harassed, or subjected to a hostile work environment on account of race, color, or ethnicity.

In addition, an employee cannot be discriminated against if they are married to or associate with a person of a different race, or belong to an ethnic-based group or association. Examples include: if you are white and treated differently because you are married to a black person, or you attend a historically black college or place of worship identified with a particular minority group.

Many times, discrimination because of nationality may also be race discrimination.
Q: What is sex discrimination?

A: Sex or gender discrimination occurs when an employee has been treated unfairly, harmed, harassed, or subjected to a hostile work environment because of his or her gender. Sex discrimination cases can involve an employer's paying female and male employees different wages for the same work, th