Elliott Andalman, founding partner of the Montgomery County-based law firm Andalman & Flynn, P.C., along with co-counsel Dara S. Smith of AARP Foundation Litigation, are charging the Montgomery County Public School System (MCPS) with age discrimination in its retirement plan. The suit asserts that workers that are age 62 or older are not allowed to collect the same benefits as younger workers under the terms of the Plan when the disability results from an on-the-job accident, referred to as an “accidental disability retirement”.
Andalman and Smith are representing Mr. Ernie Brandenburg in the age discrimination suit, which was filed in federal court last month. MCPS found Brandenburg entitled to an accidental disability retirement arising out of a work accident. However, Brandenburg was over age 62 when he became disabled, and under the terms of the Plan, he is only eligible to receive normal retirement benefits, which are about one-third of what his retirement pension would have been for an accidental disability retirement if he had been under age 62. The suit seeks relief for Brandenburg and all other similarly-situated individuals.
“Mr. Brandenburg should not have been denied benefits based solely on his age at the time he became disabled as a result of an on-the-job injury,” stated Andalman. “This case presents a textbook case of age discrimination in employment”, agreed Smith.
Founded in 1998, Andalman & Flynn is regularly recognized in the courts and by public opinion for their exceptional legal work in Maryland and Washington, D.C. Andalman’s practice focuses on disability law, with an emphasis on disability benefits. He has represented thousands of workers on disability claims arising out of numerous emotional and physical illnesses, including multiple sclerosis, chronic fatigue, fibromyalgia, immune system disorders, Lyme disease, diabetes, heart disease, back injuries, depression, bi-polar disorder, and post-traumatic stress disorder (PTSD). His experience extends to assisting federal employees and postal workers across the nation on claims for disability retirement.