Attorney Blog

Turning legalese into legal-ease

Don’t Give Your LTD Carrier an Excuse to Deny Your Claim

April 28th, 2017

By Elliott Andalman, Esq.
301-563-6685
eandalman@a-f.net

elliott-andalmanLong Term Disability (LTD) insurance coverage provided by employers is a very valuable benefit of employment.  It can be a lifesaver for employees who become too sick to work. LTD provides monthly income, often in the amount of 60% or 66.6% of your last salary.

However, workers cannot take this coverage for granted. The federal law that controls most of these policies is ERISA, the Employee Retirement Income Security Act. Unfortunately, this act often allows the insurance company the discretion to interpret the terms and conditions of the policy and determine whether the evidence is satisfactory to establish disability. This discretion can result in unexpected denials of claims and wreak havoc with the lives of disabled workers.

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The Importance of Getting a Judgment in Your Case

April 27th, 2017

 

Why It’s Beneficial to Request a Judgment from the Onset When Seeking Monetary Relief

By: Mary Ellen Flynn, Esq.
301-563-6685
Email: meflynn@a-f.net

mary-ellen-flynnTime and time again, I hear that people expect to be paid when they receive an order from the Court. Unfortunately, most people don’t know that an “order” to be paid is different than a “judgment.” An order to pay is simply that: an order for one party to pay another party. However, only when that “order” to pay is reduced to a “judgment” can a party enforce that order to pay.

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Considerations When Using a Safe Deposit Box for Important Documents

April 25th, 2017

If a friend or relative becomes incapacitated, would you have access to the legal documents necessary to seamlessly manage on-going medical, financial, or business affairs?

If you die, would your relatives, executor, personal representative, or other persons have ready access to the necessary documents to administer your estate, to follow your wishes, and to address other financial matters?

Documents including wills, powers of attorney, and health care advance directives/living wills are important documents. The effective use of the documents is often predicated on these documents being accessible quickly. Multiple options for storing these documents exist and each option has risks and benefits. Presented here are some of the important considerations when choosing whether to use a safe deposit box to store important documents such as a will, power of attorney, or advance directive/living will.

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Why Is Your Medical Treatment Record in Your Federal Disability Retirement (FDR) Claim Important?

April 24th, 2017

by Tito Morales, Esq.
301-563-6685
TMorales@a-f.net

We at Andalman & Flynn work each day to fight for our Federal Disability Retirement (FDR) clients and their much-deserved retirement benefits. With that said, the most critical aspect of an FDR case that potential clients commonly overlook is their medical treatment records.

To be successful on an application for FDR benefits, you must prove to the U.S. Office of Personnel Management (OPM) that you are disabled and medically unable to perform your job. The only way to prove your claim is through providing evidence such as:

  • Medical records,
  • Diagnostic tests,
  • Scans, and
  • Blood tests

Below are some tips to help you establish a strong medical treatment history that will strengthen your application.
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Supporting Destitute Adult Children in Maryland

April 21st, 2017

Are you concerned about providing support for an adult child? The child support attorneys at Andalman & Flynn can assist you with understanding your rights and obligations as well as the rights and obligations of the other parent regarding the support of a destitute adult child.

Keep reading below to learn more about supporting destitute adult children in Maryland. If you need assistance with a child support matter, don’t hesitate to contact Andalman & Flynn today.

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Disability Retirement Applications Must Be Timely Filed

April 4th, 2017

By Elliott Andalman, Esq.
301-563-6685
eandalman@a-f.net

elliott-andalman

FERS Disability Retirement

Sometimes one of the hardest parts of a process can be finding the motivation to start. When a task is especially daunting, it is easy to find a myriad of other things that must be done first. When faced with the often intimidating task of filing for FERS Disability Retirement (FDR), this can be especially true because federal employees and postal workers filing for these retirement benefits are suffering from serious medical problems. However, procrastination can be incredibly detrimental to your claim.
 
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How to Prepare for Your Mutual Consent Divorce Hearing in Maryland

March 31st, 2017

By: Rhett Donnelly
301-563-6685
rdonnelly@a-f.net

Many people going through a divorce in Maryland are aware of the new law that took effect this past year that allows people to obtain a divorce on the grounds of mutual consent. The advantage of the new law is that people are not required to be separated for at least one year prior to filing for an absolute divorce so long as certain requirements are met. Often we are asked, though, how to prepare for the divorce hearing when moving forward on a mutual consent divorce.

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Can My Treating Physician Change Her Mind?

March 31st, 2017

By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net

Insurance companies that carry and administer Long Term Disability claims examine carefully the routine forms they send to physicians when reviewing a claim to see if benefits should continue to be paid. The slightest error or inconsistency could lead to a heighted review, or even the termination of benefits. The treating physician’s innocent comments, taken out of context, have served as the justifications for sending the claimant to an Independent Medical Exam (IME) or even hiring an investigator to conduct surveillance on the claimant.

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What Is An Adult Guardianship?

March 17th, 2017

 

Definition of Adult Guardianship in Maryland

Maryland recognizes guardianship as the legal process by which the court appoints one or more individuals to manage the person and/or property of an adult individual who is unable to care for his or her self and/or unable to manage his or her property and financial affairs. Absent consent, a guardianship is entered after medical professionals have evaluated the adult individual to assess their capacity and after a court has determined that there are no less restrictive alternatives to the appointment of a guardian.

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A Prenuptial Agreement Offers Opportunities

March 7th, 2017

 

What is a Prenuptial Agreement?

A prenuptial agreement is a contract entered into prior to marriage by the persons intending to marry. A prenuptial agreement may also be called an antenuptial agreement or premarital agreement.

Features of a Prenuptial Agreement

Prenuptial agreements vary widely in their content and can offer opportunities to determine:

  • what happens with certain property
  • to set forth frameworks for future decision making
  • to establish clear expectations for the management of financial and other matters
  • to detail the sharing of responsibilities
  • to support estate plans, tax plans, or similar income, asset or liability protection measures
  • and to document other special considerations of the parties.

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