Attorney Blog

Turning legalese into legal-ease

Avoid Making These Common Divorce Mistakes

September 30th, 2019

By: Mary Ellen Flynn, Attorney at Law


The end of a marriage is an emotional time. From property division to child custody and more, there’s a lot stake. Amid all of the turmoil, it can be easy to fall into traps and have lapses in judgment. There are a number of things that you can and should do to make the process go as smoothly as possible. If you’ve separated from your spouse or are planning to, here are four common divorce mistakes to avoid:

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Don’t Mess Around: Get A Lawyer for Your Long Term Disability Claim

September 6th, 2019

By: Elliott Andalman, Attorney at Law

 

Many employers not only provide employees health insurance, but also Long Term Disability (LTD) insurance. LTD insurance is a valuable benefit of employment that pays a percentage of salary to an employee who becomes disabled to work.  The benefit can be very substantial, often paying 60% of salary until retirement age. The LTD benefits are typically administered by an insurance company, such as Unum, Liberty Mutual, Cigna, Mass Mutual, MetLife, Aetna, among others.  The federal law that regulates these benefits is known as ERISA (Employee Retirement Income Security Act).

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What to Do When You’re Denied Disability Benefits Due to a Pre-Existing Condition

September 6th, 2019

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

 

In disability claims, it’s best to avoid pre-existing condition issues if possible. The simplest way to do that is to not file for disability benefits during the first year of long term disability coverage. The vast majority of Long Term Disability (LTD) policies will only examine the claim under the pre-exiting condition clause if the claim for benefits is filed within the first year of LTD coverage. It’s worth noting, however, some policies have a different initial time frame where the pre-existing clause still applies; for example, 18 months or two years.

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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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