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Super Lawyer Winners!

January 26th, 2012

The 2012 Super Lawyer award winners have been announced, and continuing in the Andalman & Flynn tradition, over half the firm has been recognized as first-class attorneys in the Maryland and Washington, DC area.

Both Peter Casciano and Kathryn McDonough have been recognized as a Maryland “Rising Star,” an honor bestowed by both Super Lawyers Magazine/superlawyers.com and Baltimore Magazine and endowed to no more than 2.5% of all attorneys in Maryland.

Mary Ellen Flynn was again named a “Super Lawyer” in both Maryland AND Washington, a designation she has been given, consecutively, since 2008.  This distinction is awarded to 5% or fewer of all attorneys in those areas.

For the past 5 years, Andalman & Flynn attorneys, including both of the firm’s namesakes- Elliot Andalman and Mary Ellen Flynn-  have continued to amass high esteem from their peers and recognition for their sterling record of performance.

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Posted in Andalman & Flynn News

Can OPM Speed Up the Processing of Retirement Claims? – We Sure Hope So

January 24th, 2012

By: Elliott Andalman, Esq. and Zubaidah Haamid, Senior Paralegal
©2012

Although we never give up, our dealing with the Office of Personnel Management (OPM) over the past few years has been a source of sheer frustration for us and our clients. “We are doing what we can to process federal disability retirement applications as quickly as possible, but we are so backlogged and short staffed that it is taking much longer than it used to.” These are words that we hear all too often when following up with OPM on the status of our clients’ applications for disability retirement annuity. In the past, OPM was taking 2-4 weeks to assign disability retirement applications to specialists for adjudication and, after assignment, the specialist would take 2-3 months to issue a decision in the case. Over the past 5 years, we have watched the processing time gradually increase to the point that OPM is now taking 3-4 months to assign claims and 4-8 months from assignment to issue decisions. To add insult to injury, after OPM has approved an application for disability retirement, annuitants are waiting 8-12 months (sometimes more than a year) to go into final pay status to be paid much needed accrued benefits owed to them as well as reinstatement of health, life and other important benefits to which they are entitled. To no avail, we frequently follow up with OPM with telephone calls, letters and emails to the specialist and their superiors and we have even had our clients contact their senator or representative for a congressional inquiry to OPM.

We are pleased to hear that OPM Director John Berry has “identified fixing the broken retirement process as his top priority for this year.” See Joe Davidson’s January 18, 2012 Washington Post (WP) article titled OPM chief formulates a plan to fix retirement program: http://www.washingtonpost.com/politics/federal-diary-opm-has-plan-to-fix-retirement-program/2012/01/17/gIQAy2nj6P_story.html
According to the WP article linked above, Director Berry has submitted a plan to Congress that includes “four pillars” – (1) people; (2) productivity; (3) partnering with agencies; and (4) partial, progressive information technology improvements.

Our fingers are crossed for the success of the efforts of Director Berry to fix the problems at OPM and shorten the retirement processing time back to the norms of the past.

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Posted in Federal Disability Retirement, Maryland State Disability

Andalman & Flynn Charity: Cycle for Great Causes

January 11th, 2012

It’s that time of year again, friends.  On February 11, 2012, Team A&F will again be participating in the “Cycle for Great Causes” event to be held at the Aspen Hill Racquet Club in Silver Spring, MD, weather permitting.

We have the pleasure of sending our devoted team of attorneys and paralegals to participate in the spinning classes at Aspen Hill Racquet Club to benefit the American Cancer Society and the Capital Area Food Bank.

We would like to thank all of those that helped us reach nearly $1000.00 in donations last year, and encourage all of you, as well as our family and friends, to help us surpass that figure this year.  Cancer research will never have too much money and every dollar contributed to the Food Bank provides 3 (three) full meals to some of our disadvantaged.  In this day and age, with this economy, every little bit counts.

For those would like to support Team A&F, please contact Vivian Brown at (301) 563-6685, or visit our site directly at http://andalmanflynn.com/af-in-the-community/.  You may also send donations in directly to Andalman & Flynn, 8601 Georgia Avenue, Suite 206, Silver Spring, MD 20910.  Please make the checks out to the charity of your choosing, directly.

Thanks again for your continued support with these very worthy causes!

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Posted in Andalman & Flynn News

Smartphone Privacy: Protecting your Family Members and Loved Ones

January 5th, 2012

By: Mary Ellen Flynn, Esq.
meflynn@a-f.net

Many of us love our smartphones: our iPhones, our Android phones, our Blackberrys.

However, sometimes we get caught up in the cool new technology (Who doesn’t love apps!?), and forget there can be potentially negative implications in our personal lives.

For example, NBC News recently ran a story on smartphone pictures and privacy risks. (See video below)

NBC News demonstrated examples of how taking pictures of your children and loved ones publically divulge the location of exactly where those pictures were taken, leading to a breach of privacy.

Obviously, this is a concern considering once a picture is posted publically online, potential predators have easy access to locations your children may frequent.

Fortunately, simple changes to your GPS settings can disable this type of tracking.

To see how to disable these settings on your phone visit: icanstalku.com/.

Please forward this information to others so we can ensure a safe, happy 2012!

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Posted in Andalman & Flynn News

Attorney’s Fees Paid to Obtain and/or Collect Alimony Can Be Tax Deductible

December 21st, 2011

By: Sara Prose, Esq.
sprose@a-f.net

Did you know that attorney’s fees paid for obtaining and/or collecting alimony can be tax deductible?

Example: You pay your attorney a fee for handling your divorce and an additional fee that is for services in getting and collecting alimony. You can deduct the fee for getting and collecting alimony, subject to the 2% limit, if it is separately stated on your attorney’s bill.

The example provided above is from IRS publication 504, a useful tax resource for divorce and separated individuals. To review the publication, go to:
http://www.irs.gov/publications/p504/ar02.html#en_US_2010_publink1000175957.

As always, you should work with your accountant or tax preparer to address your particular tax situation.

If you are in need of legal advice concerning alimony and/or any other family law matter, please do not hesitate to call either Mary Ellen Flynn or me, Sara Prose, at 301-563-6685 or email at meflynn@a-f.net or sprose@a-f.net

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Posted in Divorce Law, Family Law, Separation and Divorce

Cell Phones and Driving: The Federal Government says No More!

December 15th, 2011

The National Transportation Safety Board (NTSB) recently recommended that all cell phone use be banned while driving, except in an emergency. This report comes on the heals of the fatal accident in Missouri where the driver of the automobile that caused the accident reportedly received 11 text messages in 11 minutes immediately preceding the crash.

The link to NTSB’s report and press release is here:

http://www.ntsb.gov/news/events/2011/gray_summit_mo/index.html

If you have been a follower of my Firm’s Blog ( New Maryland traffic law in effect -Texting while driving is now a primary offense. What does that mean for you? and Put Down that Cell Phone!), then you know that Maryland has taken steps in recent years to curb the use of cell phones while driving. In the past, Maryland passed a “hands free” law, requiring the use of ear pieces while driving. Some states, including Maryland, have passed “no texting while driving laws.”

This newest recommendation by the NTSB, if followed by state legislators, may sound the death knell for any kind of cell use in cars. NTSB recommendations are not laws, but their suggestions are often followed by lawmakers around the country.

Please check back for updates, on what is definitely an evolving area of traffic law.

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Posted in Traffic Law

Pending Maryland Legislation Could Ease A Couple’s Financial Burden During the 12-Month Separation Period Prior to Divorce

December 12th, 2011

By: Sara Prose, Esq.
sprose@a-f.net

In Maryland, one may seek a divorce for various reasons including adultery, cruelty, desertion, or separation. The most common ground for divorce is a 12-month separation.

The Maryland Family Law code requires that parties live separate and apart without cohabitation or interruption for 12 months prior to filing for an absolute divorce. “Living separate and apart” means parties must maintain two households, including living expenses, to be eligible for an absolute divorce under the 12-month separation period grounds. This can place a significant financial strain on the parties.

Pending legislation in the Maryland House of Delegates could help couples ease the financial burden of the mandatory separation period.

Maryland House Bill 403, “Family Law – Grounds for Divorce” would permit parties to share a residence and living expenses as long as they maintained separate bedrooms. The bill was clearly drafted with an understanding that in today’s economic climate, it is difficult for parties to maintain two households during the mandatory separation period. The bill, therefore, is a practical approach to the mandatory separation period and should be adopted. The bill currently sits in the Judiciary Committee. The last action taken was March 7, 2011 when the unfavorable report by the committee was withdrawn. Hopefully, the Maryland House of Delegates will recognize the important impact this bill will have on couples who seek the separation grounds but who will be financially limited when they attempt to meet the 12-month requirement.

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Posted in Divorce Law, Family Law, Maryland Law

MD House Bill 1085 Passes- Discretionary Clauses Prohibitted

November 14th, 2011

Thanks to the efforts of numerous individuals Maryland House Bill 1085, became law this year and went into effect on October 1, 2011. I want to give special recognition to our State Insurance Commissioner, Therese Goldsmith, AARP, MAJ (Maryland Association for Justice), and progressive Delegates and Senators who sponsored this litigation, including my own Delegate, Heather Mizuer.

This Act, Section 12-211 of the Insurance Article of the Maryland Code, simply prohibits “discretionary clauses” in disability insurance policies issued or renewed after October 1, 2011.

Discretionary clauses reserve discretion to the Carrier to interpret the terms of the policy or provide standards of interpretation or review that are inconsistent with the laws of the State of Maryland.

This should be a significant help to disabled individuals, and their attorneys, in obtaining reasonable review by courts of denial of benefits. Particularly this has been a problem in group policies issued through employment and covered under ERISA. Those policies commonly contained “discretionary clauses” that made it difficult to overturn denials because the Courts essentially required in those instances that the employee/beneficiary prove the decision was arbitrary and capricious or not supported by substantial evidence in the record, a much higher standard than preponderance of the evidence which would otherwise be required under Maryland law.

In passing this law, Maryland joins other states that are acting to protect the rights of disabled workers, including Illinois and California. Andalman & Flynn applauds the adoption of this progressive Act by the State of Maryland.

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Posted in Disability Law, Maryland State Disability

Maryland ICC News: Watch Your Speed, Part 2! – Main Section of the ICC to Open

October 31st, 2011

By: Mary Ellen Flynn, Esq.

Many commuters will rejoice on November 22nd when the main section of the ICC opens.

Currently, the ICC only spans from I-270 to Norbeck Road, with the new addition connecting Norbeck Road to I-95.

This stretch of new road may tempt some to be a little more aggressive with the gas pedal; however, I strongly urge you to comply with the speed limit. In the past, the currently open section of the ICC has been heavily patrolled by the Maryland Transportation Authority Police. Speeding tickets may end up taking some hard-earned cash out of your wallet via fines, and the Maryland Point System can adversely affect your insurance policy rates and your ability to drive. (Also, in some cases, criminal charges may be the result!)

The Maryland Point System for speeding is as follows:
• 1 to 9 miles/hour over – 1 points
• 10 to 29 miles/hour – 2 points
• 30 miles/hour or greater, or 20 miles/hour or greater in 65 mph zone – 5 points

*The point system does not apply to speed camera violations.

Keep in mind that points stay on your driving record for 2 years. 8 points accumulated in 2 years results in a suspension; 12 points will result in your license being revoked. In addition, your insurance rates will likely increase with the accumulation of points on your record.

Free Tolls for Limited Time!
For those looking to cruise the ICC, it has been announced that from November 22 – December 4, the entire ICC will be free of tolls. (Just make sure you keep it free by avoiding speeding tickets!)
On December 5th, the toll rate will range between $1.60 and $4 for full length travel on the ICC, depending upon the time of day. Peak rates are $0.25/mile; $0.20/mile off-peak; and $0.10/mile overnight.

What the ICC Means for our Area
The ICC is expected to open up new opportunities for those seeking high-wage jobs along the I-270 corridor from areas as far away as Baltimore. The travel time from Laurel to Gaithersburg is currently estimated to be 47 minutes on local roads. The ICC is expected to decrease the transit time to 17 minutes.

View a map of the entire ICC. *See section labeled in green*

About Andalman & Flynn
If you have a traffic case from speeding, to reckless driving, to DUI/DWI affecting you, please feel free to contact Mary Ellen Flynn and Peter Casciano at Andalman & Flynn at 301-563-6685. We understand and value the importance of protecting your driving record and insurance rates.

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Posted in Traffic Law

Social Security Recipients to Receive Cost of Living Increase

October 25th, 2011

Starting in January 2012, social security recipients will see a 3.6% increase in their disability and retirement payments. Following two years where the Social Security Administration (SSA) declared no cost-of-living (COLA) increases, this increase will undoubtedly be welcomed by recipients. According to the SSA, nearly 55 million Social Security beneficiaries will receive the increase in January 2012. Increased payments for Supplemental Security Income (SSI) recipients are set to begin on December 30, 2011.

The good news may not last however, once Medicare releases its changes to Medicare Part B premium rates for 2012. Premium rates are expected to rise, and may cost recipients a portion of the COLA they are set to receive. AARP Executive Vice President Nancy LeaMond announced, responding to the COLA increase, “Unfortunately, the increase announced today will not completely ease their burden. Medicare premiums are also expected to rise for many. And with the decline in housing values, deep losses to retirement and savings accounts and skyrocketing health and prescription drug costs, millions of older Americans continue to struggle to make ends meet.”1

If you are a disabled individual contemplating filing or have already filed an application for Social Security Disability benefits, then you should consult with an experienced attorney. At Andalman & Flynn, our team of legal professionals can assist and represent you to protect your rights and increase your chances of success with your Social Security Disability claim. Feel free to call us at 301-563-6685 or toll-free at 1-888-558-7871. You can also visit our website at www.andalmanflynn.com and complete one of our website contact forms so we can contact your for a consultation concerning your situation.
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1 See “AARP: Much-Needed Relief for Older Americans with 2012 COLA,” available at http://www.aarp.org/about-aarp/press-center/info-10-2011/aarp-much-needed-relief-for-older-americans-with-2012-cola.html.

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Posted in Disability Law, Social Security Disability

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