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Library and Publications

Federal Disability Retirement (FERS and CSRS):

Coordination of FERS Disability Benefits and Social Security Disability Benefits [PDF]
Description: The Office of Personnel Management (OPM) requires that Federal Employees Retirement System (FERS) disability retirement annuitants apply for Social Security Disability (SSD) benefits.
DISABILITY RETIREMENT BENEFITS FOR FEDERAL EMPLOYEES AND POSTAL WORKERS: AN OVERVIEW [PDF]
Description: Employees of the Federal Government and the United States Postal Service have an array of retirement benefits available to them. The Office of Personnel Management (OPM) manages these benefits. The two main programs for civilian federal workers who become disabled to perform federal service are the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS). Under both programs the disabled federal employee must have a medical condition or medical conditions that prevents him or her from performing “useful and efficient” federal service at his or her current grade or pay. There is no requirement that the employee be totally disabled nor is it necessary that the disease or illness be caused by the employee’s job.
Federal Disability Retirement - Know Your Time Limit to Appeal! - Appealing an OPM Decision to the MSPB [PDF]
Description: This article sets forth the time limit for filing an MSPB appeal after receipt of a final written decision from OPM on claims for federal disability retirement benefits. It provides information on when, where and how to file an MSPB appeal as well as the computation of time for filing and good cause for filing untimely.
TURN A REMOVAL ACTION TO YOUR ADVANTAGE: HOW TO USE GETTING TERMINATED TO HELP WIN A DISABILITY RETIREMENT [PDF]
Description: Is your Agency threatening to terminate you from your job because of performance or attendance problems related to a medical condition? If so, your situation may not be as bad as you think it is. Removal from your job may actually be a good thing.

If your inability to perform your job is the result of a medical condition(s), and you want to receive a disability retirement under FERS or CSRS, being terminated may help you. If you are removed from federal service by your Agency due to your medical condition, such a removal increases your chances of getting an application for disability retirement approved by OPM.

Divorce, Custody, and Family Law:

Personal Expense Budget Excel Spreadsheet
Court-Appointed Lawyers Representing Children [PDF]
Description: In January 2007, the Court of Appeals of Maryland, on recommendation by the Standing Committee on Rules of Practice and Procedure, made changes to the existing laws concerning the appointment of “Guardians ad litem” for children in divorce cases.
Client Financial Worksheet [PDF]
Description: An income and expense worksheet for our divorce, child support, and alimony clients.
Joint Statement for Marital & Non-Marital Property [PDF]
Description: A property worksheet for our separation and divorce clients.
Debts and Assets Fact Sheet [PDF]
Description: A worksheet of debts and assets for our separation and divorce clients.

Protection from Abuse and Violence:

Peace Orders and Protective Orders [PDF]
Description: In Maryland, Peace Orders and Protective Orders are civil orders issued by a judge to prevent one person from committing certain acts against others. Whether you are issued a Peace Order or a Protective Order is based on the personal relationship between you and the alleged offender, and you cannot qualify for both orders in the same situation. Peace Orders apply to other relationships such as neighbors, co-workers, acquaintances, or even strangers.
Considerations When Filing a Petition for Relief from Domestic Violence in Maryland [PDF]
Description: Deciding on whether to file a Petition for Relief from Domestic Violence in Circuit Court or District Court may very well depend on the County in which the petitioner is filing. The attorney should consider both the availability of the judges in each court and which court will have time to consider fully both the Petitioner’s initial request for Relief and the subsequent hearings. For a pro se litigant, it is generally easier to bring the Petition for Relief before a District Court judge, and the process is a bit less intimidating. Further, the clerks in the District Court are more accustomed to answering laypersons’ questions.
Petition for a Maryland Peace Order and How if Differs from a Domestic Violence Case [PDF]
Description: Effective October 1, 1999, the Peace Order Act allows any person who has been subjected to abuse, harassment, stalking, trespass, or malicious destruction of property to seek relief in the Maryland District Courts. This article addresses the differences between a Protective Order and Peace Order.

Criminal Law:

Discovery Requirements in Maryland Criminal Trials [PDF]
Description: Effective July 1, 2008, the State of Maryland Criminal Discovery Rules have significantly changed. A criminal defense attorney must be familiar with these changes and understand their potential impact on your case. For criminal and traffic offenses, you must have an experienced and well-informed attorney on your side.
Expungements [PDF]
Description: Expungement is the removal of records from public inspection. In Maryland, records may be expunged from Motor Vehicle Administration (MVA) files, police files and court files. Each process removes very specific files and must be done through the proper agency. No single process can expunge records from all agencies.
Drinking and Driving - Automatic Suspension of your Driver's License [PDF]
Description: “Would you mind blowing into this machine to see how much you’ve had to drink tonight?” If this question is ever posed to you by a law enforcement officer in Maryland, it is critical that you have a working knowledge of the traffic laws of the state of Maryland.

Alternative Dispute Resolution:

Arbitration
Description: Arbitration is a process in which both sides in a dispute, and their attorneys if represented, each present their side to a neutral third-party, the arbitrator, who will decide the outcome. Each side has the opportunity to present testimony, evidence, and witnesses on their behalf, though the arbitration hearing itself is usually informal when compared to a court trial in which the rules of evidence apply. Arbitration allows for a faster resolution to a dispute than might otherwise be obtained from the courts.
Mediation
Description: Mediation is a form of Alternative Dispute Resolution or ADR which places you and the other side in control of resolving your dispute. Mediation is available in family and other matters. In mediation, both sides agree to meet with a mediator, a neutral third-party who will discuss the problem with you and facilitate a resolution on which both sides can agree. There are no “winners” and “losers” in mediation – it is a “win-win” process for both sides.
Collaborative Law
Description: Collaborative Law is a respectful and cooperative means of negotiating a settlement of all issues arising from a legal dispute. In Maryland and the District of Columbia, Andalman & Flynn attorneys can act as your legal counsel or as the neutral mediator in cases involving mediation, arbitration, the collaborative law process, and the collaborative law process in separation, divorce and family law.
Collaborative Law in Separation, Divorce & Family Law
Description: Collaborative Law is a respectful and dignified means of negotiating a settlement of all issues relating to your separation and divorce, such as custody, visitation, child support, alimony, and division of property. You and your spouse control the way differences are resolved.

Collections:

Collection Under the Federal Miller Act [PDF]
Description: This article on the Federal Miller Act addresses collection pitfalls under federal construction contracts and the protections afforded to sub-contractors under the payment bond.
Collection Under the Maryland Little Miller Act [PDF]
Description: This article addresses collection pitfalls under the Maryland Little Miller Act on state construction contracts as well as protections afforded sub-contractors under the payment bond.
The Bad Check Law is Back (Did you know it was missing?) [PDF]
Description: In 1998, the General Assembly by its own admission "re-enact[ed] certain provisions of law inadvertently repealed by Chapter 91 of the Acts of the General Assembly;" specifically, the General Assembly was reenacting the law that permitted a holder of a dishonored checks to recover certain fees and damages, more commonly known as the Maryland Bad Check Law.

Personal Injury:

What is "PIP"? [PDF]
Description: PIP, or Personal Injury Portection, is a type of auto insurance coverage offered that provides money for medical treatment and lost wages in the event that you are injured in a car accident.
Protecting Your Rights After A Car Accident [PDF]
Description: If you were recently involved in an auto accident take the following steps -
find witnesses; call the police; take notes; call your insurance carrier; see a doctor; take photographs; and, call Andalman & Flynn.

Social Security Disability Insurance:

Impairments of Special Senses and Speech [PDF]
Description: The Special Senses and Speech Disorders Listing covers a wide variety of illnesses.
Remember, meeting or equaling a medical listing is one way to win your social security claim. You can win even if you do not meet a listing, and most people do not meet a listing.
Musculoskeletal Impairments [PDF]
Description: The Musculoskeletal Impairments Listing covers a wide variety of illnesses.
Remember, meeting or equaling a medical listing is one way to win your social security claim. You can win even if you do not meet a listing, and most people do not meet a listing.
Letter to Congress from Elliott Andalman - EAJA Fees for Social Security [PDF]
Description: I would like to bring to your attention that yet another obstacle is being placed in the already overburdened lives of Social Security Disability claimants (hereinafter “Claimants”). As you know, Claimants seeking disability benefits are often forced to go through a painfully long appeals process and can often wait several years before being awarded benefits.
SSA Adopts New Listing for Immune System Disorders [PDF]
Description: On June 16, 2008, the Social Security Administration (SSA) implemented final changes to the Immune System Disorders Listing, part of the Listing of Impairments used to define disability. The final listing is published at 73 Fed. Reg.14570 (Mar. 18, 2008). The Immune System Disorders Listing covers a wide variety of illnesses including: (1) Systemic lupus erythematosus; (2) Systemic vasculitis; (3) Systemic sclerosis and scleroderma; (4) Polymyositis or dermatomyositis; (5) Undifferentiated connective tissue disorder; (6) Immunoglobulin deficiency syndromes or deficiencies of cell-mediated immunity, excepting HIV infection; (7) Human immunodeficiency virus (HIV) infection; and, (8) Inflammatory arthritis.
Social Security Administration Suspends Proposed Rule Changing Appeals Process [PDF]
Description: On January 29, 2008, SSA Commissioner Michael Astrue notified Congress that SSA is suspending the rulemaking process for the proposed rule changing the SSA appeals process. A copy of the letter is attached. In the letter to Rep. Michael R. McNulty, Chairman of the House Ways and Means Social Security Subcommittee, Commissioner Astrue stated:

In light of concerns expressed by the public and Members of Congress, we are suspending the rulemaking process for several of the provisions that have
become controversial.
Comments On Proposed Changes to Social Security Administration Regulations 2007 [PDF]
Description: As you know, the claims process for disability benefits is lengthy and cumbersome. Claimants are often discouraged by denial decisions and abandon their claim, rather than appealing the denial. However, the appeals process, including the Request for Reconsideration, Request for Hearing with an Administrative Law Judge (ALJ), and the Request for Review by the Review Board (formerly the Appeals Council), is in place to protect the rights of persons with disabilities.
Social Security Disability Claims [PDF]
Description: The federal Social Security Administration (SSA) administers the primary component of our country’s social safety net for workers who become disabled. The SSA is one of the largest bureaucracies in the country, processing over two million applications for disability insurance benefits filed each year. These claims are primarily made by workers who have become disabled to work by injury or illness. Unlike workers’ compensation and automobile collision claims, there is no social security benefit available to a worker, unless they can establish that the worker is totally disabled. More specifically the worker must prove that as a result of a medically determinable physical or mental impairment(s) the worker is unable to engage in any substantial, gainful activity (SGA) for at least 12 consecutive months.
Drugs and Alcohol Burden of Proof on the Claimant [PDF]
Description: Claimant has the burden of proof to show that drug abuse or alcoholism is not material to the finding of disability.
Update on Judicial Review and Additional Evidence at the Appeals Council [PDF]
Description: Many practitioners are aware of the importance of presenting new and material evidence to the Appeals Council on an appeal of a denial of benefits by an administrative law judge (ALJ).
Vocational Experts Are Your Friends [PDF]
Description: The focus of this article is to provide practical advice on how to effectively examine/cross-examine vocational experts at Administrative Law Judge hearings on social security disability benefit claims.
THE 5-STEP SEQUENTIAL EVALUATION PROCESS [PDF]
Description: How does the Social Security Administration (SSA) determine if you are disabled to work? SSA follows a 5-step sequential evaluation process, as set out in 20 C.F.R. §404.1520. SSA has hundreds of pages of regulations to help implement the 5-step sequential evaluation process.
SOCIAL SECURITY’S MEDICAL-VOCATIONAL GUIDELINES [PDF]
Description: The Social Security Administration (SSA) follows a 5-step sequential evaluation process, as set out in 20 C.F.R. §404.1520, to determine disability. Step four and five of this process involves evaluating your ability to do work. At step four SSA must decide whether you can return to your past relevant work, which is work performed in the last 15 years. If you cannot perform your past relevant work, then SSA must determine if there are other jobs that exist in the national economy which you can perform.
October 25, 2005 letter to Commissioner of Social Security [PDF]
Description: Elliott Andalman's October 25, 2005 letter to the Commissioner of Social Security regarding proposed changes to the Administrative Review Process in Social Security Disability Insurance claims.
How To File An Application For Social Security Disability Benefits [PDF]
Description: Applying for Social Security Disability (SSD) benefits can be confusing and daunting. Here are some helpful hints to make the disability benefits application process easier.
Social Security Disability Benefits & Mental and Emotional Illnesses [PDF]
Description: The Social Security Administration’s (SSA) definition of disability is the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death. This applies to physical impairments as well as mental illness and emotional disorders.

Long Term Disability Insurance / ERISA:

Discretionary Clauses in Disability and Health Insurance Policies [PDF]
Description: Letter to State of Maryland Insurance Commissioner requesting that the Commissioner immediately take steps to protect the insurance consumers in Maryland from the insurance industry’s unfair grant of discretionary authority to itself with respect to disability income and health insurance benefit claims.
COMMON LIMITATIONS ON BENEFITS IN LONG TERM DISABILITY INSURANCE POLICIES [PDF]
Description: Many group insurance policies for Long Term Disability (LTD) benefits contain provisions for limitations on benefit payments for disabilities based on certain conditions.
ERISA Policies and Pre-Existing Conditions [PDF]
Description: What is a pre-existing condition and why do you need to think about it when applying for Long Term Disability (LTD) benefits?

Each policy for LTD benefits is written a bit differently. However, LTD policies typically include a pre-existing condition clause with a definition of a pre-existing condition.
LTD Victory: Independent Physican Review Without Examination Ground to Reverse Denied Claim [PDF]
Description: A victory for long term disability (LTD) benefits applicants: "Independent" physician review without physical examination found arbitrary and capricious and reversed.
Maximize Chances of Winning Long Term Disability Claims [PDF]
Description: A claim for Long Term Disability (LTD) benefits can be a confusing process. Often, when you are too sick to work, you are also too sick to effectively fight the insurance company for your benefits. It's important to be aware of several key points to maximize your chance of winning your LTD benefits claim.
Employee Retirement Income Security Act (ERISA) Claims Procedures [PDF]
Description: The Employee Retirement Income Security Act of 1974 ("ERISA") regulates a vast number of employee benefit claims which are commonly thought of as insurance claims. Long Term Disability, Health Insurance, and Life Insurance claims, if the benefit stems from a group policy or "plan" issued through an employer, will normally be controlled by ERISA.
Standards of Review in ERISA Claims [PDF]
Description: A vast array of employee benefits are now controlled by the Employee Retirement Income Security Act (hereinafter ERISA). See 29 USC 1001 et. seq. Appeals from the denial of these benefits to employees, most commonly long term disability benefits, medical insurance benefits or pension benefits, go to federal court. The standard of review to be applied often is determinative of the outcome in these appeals. Oddly, the Act itself fails to set forth a standard of review for courts to apply.

Maryland Teacher and State Disability Retirement:

One Accident, One Disabling Condition, Two Benefits [PDF]
Description: As a state employee in Maryland or public school teacher, you may be eligible to receive Accidental Disability Benefits if you suffer a “permanently disabling medical condition” as a result of injuries sustained during an accident that occurred at your job.

Employment Law:

What Agency Actions Are Illegal Because Of Discrimination Laws? [PDF]
Description: Federal employees should know their rights not to be victims of discrimination and what actions by agency officials are prohibited. If you think you have been a victim of discrimination based on the laws or actions below, you should consult a qualified attorney as soon as possible.
Federal Employees: You Must Act To Protect Your Rights Against Discrimination [PDF]
Description: If you think you have been a victim of discrimination, you must protect your rights. While federal employees are protected by a number of anti-discrimination laws, you need to act quickly, or you could lose the right to do anything about the discrimination. And, it is always advisable to contact an experienced attorney if you think you have been discriminated against.
Have You Been Discriminated Against Because You Are A Female "Caregiver"? [PDF]
Description: Although federal EEO laws do not specifically prohibit discrimination against “caregivers,” there are many circumstances in which discrimination against caregivers may be unlawful discrimination. While “caregivers” are not a specifically protected category in any of the federal civil rights laws, protections against sex, disability, and age discrimination may intersect with an employees’ care-giving responsibilities.
Maryland Employees - You Get Your Vacation Time! [PDF]
Description: When you leave a job, do you get the vacation pay that you have earned?
The answer is a clear “YES.”
Your attorneys at Andalman & Flynn, P.C. have always fought for employees to get the vacation pay coming to them when they leave a job. Now, the Maryland courts and the state government have made it clear – if you have earned vacation pay it can not be taken away from you.
Federal Workers Rights Under the FMLA [PDF]
Description: The Family Medical Leave Act of 1993 (FMLA) provides Federal employees with up to 12 workweeks of unpaid leave during any 12-month period. It is important that you know your rights under the FMLA, what you need to do to get FMLA leave, and protect your job at the same time.
Greenbelt magistrate judge awards construction workers $67K in overtime wages.
Description: 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.
Family-Leave Values
Description: The 1993 Family and Medical Leave Act guarantees workers some unpaid time off in the event of a serious health problem, after the birth of a child or to care for a sick family member, but the law’s scope is limited.
U.S. District Court Provides Analysis of Maryland and Federal Wage Laws [PDF]
Description: Analysis of Maryland and Federal wage laws. U.S. District Court for the District of Maryland held that employees are entitled, under Maryland wage statutes, to: 1) the wages owed plus 2) damages in the amount of three times (3x) the wages owed.
Katz Succeeds in Enforcing Settlement Agreement [PDF]
Description: Attorney Daniel A. Katz's victory in the Circuit Court of Rockville in February 2005 enforcing a settlement agreement regarding past due wages and overtime. This article was published in "MWELA Monthly", the March 2005 edition.
The Law Clerk: Maryland Wage and Hour Protections or How To Have Fun Enforcing The Thirteenth Amendment [PDF]
Description: Wage laws protect workers to ensure that wages are received timely and that employers do not make unauthorized deductions from paychecks. Maryland law provides a private right of action to enforce wage laws.
Issues In Litigation Under the Federal and Maryland Wage and Hour Statutes [PDF]
Description: Most practitioners, as well as lay people, know that the federal Fair Labor Standards Act provides for a minimum wage, and that workers be paid 1-1/2 times their regular rate for more than 40 hours worked in any one work week. Would it surprise you that Maryland wage and hour law may offer more protection to employees than federal wage payments laws?
Maryland Workers' Compensation 2004 [PDF]
Description: Section 9-603 of the Labor and Employment Article, states that the maximum compensation paid shall be adjusted as of January 1st of each calendar year. The Department of Labor, Licensing and Regulation of the State of Maryland has advised this Commission that the average weekly wage of workers covered by Maryland Unemployment for the fiscal year ending June 30, 2003 is $740.00.

Disability:

Disability Entitlements [PDF]
Description: If you are unable to work due to a mental or physical illness or injury you may be entitled to disability benefits. There are three major disability benefits programs: Short and Long Term Disability Insurance, Social Security Disability, and specifically for injuries at work – Workers’ Compensation Benefits. There are also special programs for federal, state and county employees, disability benefits through pension plans, and additional rights under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and your Union contract.
Crohns and Colitis Disease [PDF]
Description: As the Crohn’s and Colitis Foundation of America reports, approximately 1 million Americans are living with inflammatory bowel disease, with that number evenly split between Crohn’s disease and ulcerative colitis. A significant number of these Americans will become disabled to work because of inflammatory bowel disease.
Vioxx Legal Claims [PDF]
Description: Vioxx, the heavily advertised and popular arthritis pain and anti-inflammatory medication, was recently withdrawn from the market.
Find out what you can do if you or someone you know has taken Vioxx and have experienced a heart attack, stroke or other serious injury or death.
Hormone Replacement Therapy (HRT) Related Illnesses [PDF]
Description: Thousands of women have suffered illnesses from Hormone Replacement Therapy (HRT). For many years, women took HRT for the purpose of reducing symptoms of menopause. HRT drugs such as Prempro, Premarin and Prevera were advertised as safe or even decreasing certain health risks. Studies now show that HRT can cause breast cancer and many other illnesses such as ovarian cancer, gall bladder cancer, stroke, heart disease, blood clots, scleroderma, lupus, asthma, and other disorders and diseases. If you underwent such therapy and then were diagnosed with one of these illnesses, please contact me so that your claim can be investigated. I offer a free consultation.
Stress Related Disabilities and Mental Illnesses [PDF]
Description: According to the National Institute of Health, over 20 percent of Americans ages 18 and older (about 1 in 5 adults) suffer from a diagnosable mental disorder in a given year. This translates to more than 44 million Americans per year. Four of the ten leading causes of disability in the United States are mental disorders-major depression, bipolar disorder, schizophrenia, and obsessive-compulsive disorder.
Diabetes Disability [PDF]
Description: According to The National Diabetes Information Clearinghouse (NDIC), a service of the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), about 18.2 million people--6.3 percent of the population--have diabetes, and for many, it is a disabling disease. Diabetes is widely recognized as one of the leading causes of death and disability in the United States.
Heart Disease and Disability [PDF]
Description: If you suffer a disabling heart condition that is so severe that it significantly limits your ability to perform your job, you should consult an attorney to discuss a possible disability benefits claim. You should also discuss with your attorney your right to reasonable accommodations at work under the Americans with Disability Act (ADA).
Visual Impairment & Blindness [PDF]
Description: According to the National Institutes of Health, National Eye Institute, more than 10 million people in the United States suffer some significant impairment of vision, low vision or are legally blind. Visual problems can be caused by accidents, diseases of the eye, or side effects of illnesses such as multiple sclerosis, diabetes and hypertension. Visual problems can have a serious negative impact on quality of life. Millions of people face the prospect of losing driving privileges, mobility, and to a large degree, their freedom, due to impaired vision. Some become permanently disabled to perform gainful employment.
Overview of Employee Disability Programs [PDF]
Description: These materials have been compiled by Elliott Andalman and Zubaidah Haamid to assist the Multiple Sclerosis (MS) Society, individuals who become disabled to work, and others to understand the three major disability benefits programs available to disabled workers. These materials address the three major disability benefits programs available to disabled workers: (1) Social Security Disability Insurance Benefits (DIB); (2) Federal Disability Retirement benefits (FDR); and (3) Long Term Disability benefits (LTD).

Wills, Trusts, Probate & Estate:

DEATH AND TAXES: Understanding Maryland, D.C.and Federal Estate and Inheritance Taxes [PDF]
Description: Inheritance taxes are assessments made on the portion of an estate received by an individual. Inheritance taxes differ from estate taxes which are levied on an entire estate before it is distributed to individuals. Only eleven states (including Maryland) still collect an inheritance tax. In all states, transfers of assets to a spouse are exempt from the tax. In some states (including Maryland), transfers to children and closely-related relatives are also exempt.

General:

2008 Conference Agenda
Description: Attorney Daniel A. Katz to address Maryland employment law seminar.
Domestic Client Personal Expense Budget Spreadsheet
Rockville Public Parking [PDF]
Description: Parking For April 15th Joint Meeting
Maryland Rule of Procedure 16-819: Court Interpreters [PDF]
Description: This articles addresses changes to the Maryland Rules effective January 2003 regarding court interpreters, their responsibilities, and the court's obligation to provide interpreters for court cases.
Maryland Rules of Civil Procedure and Amendments (2005) [PDF]
Description: The following is an overview of the new Maryland Rules of Civil Procedure and Amendments to existing Maryland Rules of Civil Procedures as ordered by the Court of Appeals of Maryland. This article is published in the Winter 2005 edition of the Maryland Trial Lawyers Association Trial Reporter.

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Andalman & Flynn P.C.
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Silver Spring, MD 20910

Phone: (301) 563-6685
Fax: (301) 563-6681

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Resources

Federal Disability Retirement (FERS and CSRS)

Divorce, Custody, and Family Law

Protection from Abuse and Violence

Criminal Law

Collections

Personal Injury

Social Security Disability Insurance

Long Term Disability Insurance / ERISA

Maryland Teacher and State Disability Retirement

Employment Law

Medical Resources

Government Agencies

Legal Resources

General

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