Attorney Blog

Turning legalese into legal-ease

How Courts Determine Who Gets Custody of the Kids

August 13th, 2019

By: Nelson Garcia, Attorney at Law

In any situation where there is a separation of the parents, the question of child custody becomes vitally important. There are two types of custody in Maryland: physical custody and legal custody. Physical custody involves spending time with the child and making decisions about his or her everyday needs. Legal custody involves the right to make long-term plans and decisions for the education, religious training, discipline, non-emergency medical care and other matters of major significance concerning the child’s welfare.

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What You Need to Know Before You Bring an LTD (Long Term Disability) Benefits Claim

August 13th, 2019

By: Elliott Andalman, Attorney at Law

 

Most LTD claims are made by employees covered under group policies issued by employers. The rules governing the administration of these claims are regulated by federal law, specifically ERISA (the Employee Retirement Income Security Act), which covers virtually all employee benefits. Many employees make the mistake of assuming that their LTD coverage will work like medical insurance coverage and that they will be paid LTD benefits because they’re too sick to work. Unfortunately, it’s not that simple. Every claim submitted to LTD insurance is scrutinized by doctors and medical personnel they hire. This results in many unpleasant surprises for sick employees. By the way, everything noted in this article can also apply to those employees who have STD (Short Term Disability) coverage as well as LTD.

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Five Things You Need from Your Doctor to Win Social Security Disability (SSD)

August 6th, 2019

By: Elliott Andalman, Attorney at Law

Many people mistakenly believe that if their treating doctor reports that they are disabled to work, then they will win social security disability benefits. I wish it were that simple. Medical support from your treating doctor is generally necessary, but a conclusory statement of disability is never sufficient. Let us examine what medical information is necessary to win a claim for SSD benefits:
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Is Divorce on the Horizon? Do These Four Things First!

August 2nd, 2019

By: Mary Ellen Flynn, Attorney at Law

When you’re contemplating a divorce, or believe that your spouse is contemplating a divorce, it is essential that you do certain things rather than be in denial. It’s always best that you are prepared mentally, emotionally, financially, and yes, even physically before undergoing a divorce.
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The Top 5 Reasons Long-Term Disability Claims Get Denied

July 16th, 2019

By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net
Maryland Disability Lawyer, LTD Lawyer, Andalman & Flynn Employer-provided long-term disability (LTD) policies are governed by a federal law known as ERISA, the Employee Retirement Income Security Act. Under ERISA, disability applications are evaluated by claims administrators usually working for your insurance company.
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Silver Spring Attorney Honored with Trailblazer Award

July 11th, 2019

Silver Spring Attorney Honored with Trailblazer Award

GSSCC recognizes Peter Casciano’s contributions and commitment to service

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Submitting Treatment Summaries in Lieu of Psychotherapy Notes in Social Security Disability Claims

June 10th, 2019

By: Matthew DeGioia, Law Clerk

The Social Security Administration (SSA) extends an affirmative duty to Social Security Disability (SSD) claimants, as well as their representatives, to inform SSA of or submit all evidence that is known to relate to whether or not the claimant is disabled. See 20 C.F.R. § 404.1512(a)(1). Patients generally have the right to inspect and obtain a copy of their medical records under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 42 U.S.C. § 1320d et seq., and therefore it is rare for claimants to be found in breach of the duty prescribed by SSA, provided that they inform SSA of or request and timely submit into evidence all medical records that are relevant to their treatment.
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Office of Administrative Hearings

February 12th, 2019

By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net
Maryland Disability Lawyer, LTD Lawyer, Andalman & Flynn
The Office of Administrative Hearings (OAH) is the Maryland adjudication system that handles the appeals of disability retirement claims for state employees. For a disability claim to reach OAH, the Maryland State Retirement and Pension System of the State Retirement Agency will have already issued two decisions denying the claim.
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OPM and the Government Shutdown

January 3rd, 2019

By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net
Maryland Disability Lawyer, LTD Lawyer, Andalman & Flynn
During the current government shutdown, we do not expect to see any movement on the applications and appeals on cases that are currently pending at OPM. Those retired folks already in pay status are expected to continue to receive their monthly payments as before. The same unfortunately cannot be said for current employees.
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Five Common FDR Pitfalls

December 19th, 2018

By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net
Maryland Disability Lawyer, LTD Lawyer, Andalman & Flynn As we wind down to the close of another successful year at Andalman & Flynn, it’s natural for me to think generally about the cases we work on and any patterns that have developed. In the area of disability retirement benefits for federal employees (FERS and CSRS), I attempt to highlight here some key areas where I have noted claimants need to be careful:
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