Attorney Blog

Turning legalese into legal-ease

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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Social Security Administration’s Cost of Living Increase

October 29th, 2018

By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net
Maryland Disability Lawyer, LTD Lawyer, Andalman & Flynn Just like Ronnie Dunn (of Brooks & Dunn) sang in 2011, “the cost of livin’s high, and going up…”

Even though experts across the country wondered if 2019’s cost of living increase would top 3%, two weeks ago the SSA issued a press release indicating that the increase for 2019 would be 2.8 %. The SSA press release can be found here:   https://www.ssa.gov/news/press/releases/2018/#10-2018-1

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Restricting Access to Firearms Using an Extreme Risk Protection Order (ERPO)

September 27th, 2018

Beginning on October 1, 2018, a law enforcement officer, spouse, cohabitant, or person related by blood, marriage, or adoption, or intimate partner, may petition the court for an extreme risk protection order (ERPO). The ERPO allows these family or household members, or law enforcement officials to ask that a court remove, on a temporary basis, a person’s access to firearms where a person presents an immediate and present danger of causing personal injury.

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Join Us as We Participate in the Army Ten-Miler on October 7, 2018

September 26th, 2018

By Peter Casciano, Esq.
(301) 244-4523
pcasciano@a-f.net
Maryland Disability Lawyer, LTD Lawyer, Andalman & Flynn Every year, my wife and I participate in the Army Ten-Miler. I cannot think of an event that so wonderfully captures what it means to live and work in the Washington DC metro area.

This year’s race takes place October 7, 2018, beginning and ending at the Pentagon and crossing back and forth over the Potomac River. A map of the race course can be found here: https://www.armytenmiler.com/race-day/course/

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Can a Protective Order Be Permanent?

September 25th, 2018

A protective order allows a person eligible for relief to secure protection from abuse. A judge may enter a protective order where the judge finds by a preponderance of the evidence that the alleged abuse has occurred, or if the respondent consents to the entry of a protective order.

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“Revenge Porn” Now Included Under the Definition of Abuse for Domestic Violence Protective Orders

September 21st, 2018

In Maryland, you can obtain an order of protection from either the District Court or Circuit Court in your county to prevent a current or former spouse, a cohabitant, a person with whom you have had a sexual relationship, or other relatives from abusing or threatening you.

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The Role of a Personal Estate Representative in Maryland

September 19th, 2018

The personal representative of an estate is the person tasked with handling the probate of an estate of a decedent.

Who Can Become a Personal Representative of an Estate?

In Maryland, persons over the age of eighteen, who are mentally competent, and who have not been convicted of a serious crime are generally eligible to be considered for declaration as the personal representative of an estate. If a person is not a citizen of the United States, they may be the personal representative of an estate if they are a permanent resident and are the spouse, ancestor, descendant, or sibling of the decedent.

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