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Federal Disability Retirement (FERS and CSRS):

Coordination of FERS Disability Benefits and Social Security Disability Benefits [PDF]
Description: The Office of Personnel Management (OPM) requires that Federal Employees Retirement System (FERS) disability retirement annuitants apply for Social Security Disability (SSD) benefits.
DISABILITY RETIREMENT BENEFITS FOR FEDERAL EMPLOYEES AND POSTAL WORKERS: AN OVERVIEW [PDF]
Description: Employees of the Federal Government and the United States Postal Service have an array of retirement benefits available to them. The Office of Personnel Management (OPM) manages these benefits. The two main programs for civilian federal workers who become disabled to perform federal service are the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS). Under both programs the disabled federal employee must have a medical condition or medical conditions that prevents him or her from performing “useful and efficient” federal service at his or her current grade or pay. There is no requirement that the employee be totally disabled nor is it necessary that the disease or illness be caused by the employee’s job.
Federal Disability Retirement - Know Your Time Limit to Appeal! - Appealing an OPM Decision to the MSPB [PDF]
Description: This article sets forth the time limit for filing an MSPB appeal after receipt of a final written decision from OPM on claims for federal disability retirement benefits. It provides information on when, where and how to file an MSPB appeal as well as the computation of time for filing and good cause for filing untimely.
TURN A REMOVAL ACTION TO YOUR ADVANTAGE: HOW TO USE GETTING TERMINATED TO HELP WIN A DISABILITY RETIREMENT [PDF]
Description: Is your Agency threatening to terminate you from your job because of performance or attendance problems related to a medical condition? If so, your situation may not be as bad as you think it is. Removal from your job may actually be a good thing.

If your inability to perform your job is the result of a medical condition(s), and you want to receive a disability retirement under FERS or CSRS, being terminated may help you. If you are removed from federal service by your Agency due to your medical condition, such a removal increases your chances of getting an application for disability retirement approved by OPM.

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Divorce, Custody, and Family Law:

Personal Expense Budget Excel Spreadsheet
Court-Appointed Lawyers Representing Children [PDF]
Description: In January 2007, the Court of Appeals of Maryland, on recommendation by the Standing Committee on Rules of Practice and Procedure, made changes to the existing laws concerning the appointment of “Guardians ad litem” for children in divorce cases.
Client Financial Worksheet [PDF]
Description: An income and expense worksheet for our divorce, child support, and alimony clients.
Debts and Assets Fact Sheet [PDF]
Description: A worksheet of debts and assets for our separation and divorce clients.
Joint Statement for Marital & Non-Marital Property [PDF]
Description: A property worksheet for our separation and divorce clients.

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Protection from Abuse and Violence:

Peace Orders and Protective Orders [PDF]
Description: In Maryland, Peace Orders and Protective Orders are civil orders issued by a judge to prevent one person from committing certain acts against others. Whether you are issued a Peace Order or a Protective Order is based on the personal relationship between you and the alleged offender, and you cannot qualify for both orders in the same situation. Peace Orders apply to other relationships such as neighbors, co-workers, acquaintances, or even strangers.
Petition for a Maryland Peace Order and How it Differs from a Domestic Violence Case [PDF]
Description: Effective October 1, 1999, the Peace Order Act allows any person who has been subjected to abuse, harassment, stalking, trespass, or malicious destruction of property to seek relief in the Maryland District Courts. This article addresses the differences between a Protective Order and Peace Order.
Considerations When Filing a Petition for Relief from Domestic Violence in Maryland [PDF]
Description: Deciding on whether to file a Petition for Relief from Domestic Violence in Circuit Court or District Court may very well depend on the County in which the petitioner is filing. The attorney should consider both the availability of the judges in each court and which court will have time to consider fully both the Petitioner’s initial request for Relief and the subsequent hearings. For a pro se litigant, it is generally easier to bring the Petition for Relief before a District Court judge, and the process is a bit less intimidating. Further, the clerks in the District Court are more accustomed to answering laypersons’ questions.

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Criminal Law:

Discovery Requirements in Maryland Criminal Trials [PDF]
Description: Effective July 1, 2008, the State of Maryland Criminal Discovery Rules have significantly changed. A criminal defense attorney must be familiar with these changes and understand their potential impact on your case. For criminal and traffic offenses, you must have an experienced and well-informed attorney on your side.
Expungements [PDF]
Description: Expungement is the removal of records from public inspection. In Maryland, records may be expunged from Motor Vehicle Administration (MVA) files, police files and court files. Each process removes very specific files and must be done through the proper agency. No single process can expunge records from all agencies.
Drinking and Driving - Automatic Suspension of your Driver's License [PDF]
Description: “Would you mind blowing into this machine to see how much you’ve had to drink tonight?” If this question is ever posed to you by a law enforcement officer in Maryland, it is critical that you have a working knowledge of the traffic laws of the state of Maryland.

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Alternative Dispute Resolution:

Collaborative Law in Separation, Divorce & Family Law
Description: Collaborative Law is a respectful and dignified means of negotiating a settlement of all issues relating to your separation and divorce, such as custody, visitation, child support, alimony, and division of property. You and your spouse control the way differences are resolved.
Collaborative Law
Description: Collaborative Law is a respectful and cooperative means of negotiating a settlement of all issues arising from a legal dispute. In Maryland and the District of Columbia, Andalman & Flynn attorneys can act as your legal counsel or as the neutral mediator in cases involving mediation, arbitration, the collaborative law process, and the collaborative law process in separation, divorce and family law.
Arbitration
Description: Arbitration is a process in which both sides in a dispute, and their attorneys if represented, each present their side to a neutral third-party, the arbitrator, who will decide the outcome. Each side has the opportunity to present testimony, evidence, and witnesses on their behalf, though the arbitration hearing itself is usually informal when compared to a court trial in which the rules of evidence apply. Arbitration allows for a faster resolution to a dispute than might otherwise be obtained from the courts.
Mediation
Description: Mediation is a form of Alternative Dispute Resolution or ADR which places you and the other side in control of resolving your dispute. Mediation is available in family and other matters. In mediation, both sides agree to meet with a mediator, a neutral third-party who will discuss the problem with you and facilitate a resolution on which both sides can agree. There are no “winners” and “losers” in mediation – it is a “win-win” process for both sides.

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Collections:

Collection Under the Maryland Little Miller Act [PDF]
Description: This article addresses collection pitfalls under the Maryland Little Miller Act on state construction contracts as well as protections afforded sub-contractors under the payment bond.
Collection Under the Federal Miller Act [PDF]
Description: This article on the Federal Miller Act addresses collection pitfalls under federal construction contracts and the protections afforded to sub-contractors under the payment bond.
The Bad Check Law is Back (Did you know it was missing?) [PDF]
Description: In 1998, the General Assembly by its own admission "re-enact[ed] certain provisions of law inadvertently repealed by Chapter 91 of the Acts of the General Assembly;" specifically, the General Assembly was reenacting the law that permitted a holder of a dishonored checks to recover certain fees and damages, more commonly known as the Maryland Bad Check Law.

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Personal Injury:

What is "PIP"? [PDF]
Description: PIP, or Personal Injury Portection, is a type of auto insurance coverage offered that provides money for medical treatment and lost wages in the event that you are injured in a car accident.
Protecting Your Rights After A Car Accident [PDF]
Description: If you were recently involved in an auto accident take the following steps -
find witnesses; call the police; take notes; call your insurance carrier; see a doctor; take photographs; and, call Andalman & Flynn.

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Social Security Disability Insurance:

Impairments of Special Senses and Speech [PDF]
Description: The Special Senses and Speech Disorders Listing covers a wide variety of illnesses.
Remember, meeting or equaling a medical listing is one way to win your social security claim. You can win even if you do not meet a listing, and most people do not meet a listing.
Musculoskeletal Impairments [PDF]
Description: The Musculoskeletal Impairments Listing covers a wide variety of illnesses.
Remember, meeting or equaling a medical listing is one way to win your social security claim. You can win even if you do not meet a listing, and most people do not meet a listing.
Letter to Congress from Elliott Andalman - EAJA Fees for Social Security [PDF]
Description: I would like to bring to your attention that yet another obstacle is being placed in the already overburdened lives of Social Security Disability claimants (hereinafter “Claimants”). As you know, Claimants seeking disability benefits are often forced to go through a painfully long appeals process and can often wait several years before being awarded benefits.
SSA Adopts New Listing for Immune System Disorders [PDF]
Description: On June 16, 2008, the Social Security Administration (SSA) implemented final changes to the Immune System Disorders Listing, part of the Listing of Impairments used to define disability. The final listing is published at 73 Fed. Reg.14570 (Mar. 18, 2008). The Immune System Disorders Listing covers a wide variety of illnesses including: (1) Systemic lupus erythematosus; (2) Systemic vasculitis; (3) Systemic sclerosis and scleroderma; (4) Polymyositis or dermatomyositis; (5) Undifferentiated connective tissue disorder; (6) Immunoglobulin deficiency syndromes or deficiencies of cell-mediated immunity, excepting HIV infection; (7) Human immunodeficiency virus (HIV) infection; and, (8) Inflammatory arthritis.
Social Security Administration Suspends Proposed Rule Changing Appeals Process [PDF]
Description: On January 29, 2008, SSA Commissioner Michael Astrue notified Congress that SSA is suspending the rulemaking process for the proposed rule changing the SSA appeals process. A copy of the letter is attached. In the letter to Rep. Michael R. McNulty, Chairman of the House Ways and Means Social Security Subcommittee, Commissioner Astrue stated:

In light of concerns expressed by the public and Members of Congress, we are suspending the rulemaking process for several of the provisions that have
become controversial.

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Long Term Disability Insurance / ERISA:

Discretionary Clauses in Disability and Health Insurance Policies [PDF]
Description: Letter to State of Maryland Insurance Commissioner requesting that the Commissioner immediately take steps to protect the insurance consumers in Maryland from the insurance industry’s unfair grant of discretionary authority to itself with respect to disability income and health insurance benefit claims.
COMMON LIMITATIONS ON BENEFITS IN LONG TERM DISABILITY INSURANCE POLICIES [PDF]
Description: Many group insurance policies for Long Term Disability (LTD) benefits contain provisions for limitations on benefit payments for disabilities based on certain conditions.
ERISA Policies and Pre-Existing Conditions [PDF]
Description: What is a pre-existing condition and why do you need to think about it when applying for Long Term Disability (LTD) benefits?

Each policy for LTD benefits is written a bit differently. However, LTD policies typically include a pre-existing condition clause with a definition of a pre-existing condition.
LTD Victory: Independent Physican Review Without Examination Grounds to Reverse Denied Claim [PDF]
Description: A victory for long term disability (LTD) benefits applicants: "Independent" physician review without physical examination found arbitrary and capricious and reversed.
Maximize Chances of Winning Long Term Disability Claims [PDF]
Description: A claim for Long Term Disability (LTD) benefits can be a confusing process. Often, when you are too sick to work, you are also too sick to effectively fight the insurance company for your benefits. It's important to be aware of several key points to maximize your chance of winning your LTD benefits claim.

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Maryland Teacher and State Disability Retirement:

One Accident, One Disabling Condition, Two Benefits [PDF]
Description: As a state employee in Maryland or public school teacher, you may be eligible to receive Accidental Disability Benefits if you suffer a “permanently disabling medical condition” as a result of injuries sustained during an accident that occurred at your job.

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Employment Law:

What Our Attorneys Do For Federal Employees Who Have Discrimination Claims [PDF]
Description: The first thing you must do to begin your discrimination claim is to contact an Equal Employment Opportunity counselor. You must do this within 45 days of the date you believe you were the victim of discrimination.
Federal Employees: Protect Your Rrights to File A Discrimination Claim [PDF]
Description: If you believe that you have been discriminated against in the workplace, you must contact an agency Equal Employment Opportunity counselor within 45 days of the incident before filing a formal complaint.
What Agency Actions Are Illegal Because Of Discrimination Laws? [PDF]
Description: Federal employees should know their rights not to be victims of discrimination and what actions by agency officials are prohibited. If you think you have been a victim of discrimination based on the laws or actions below, you should consult a qualified attorney as soon as possible.
Federal Employees: You Must Act To Protect Your Rights Against Discrimination [PDF]
Description: If you think you have been a victim of discrimination, you must protect your rights. While federal employees are protected by a number of anti-discrimination laws, you need to act quickly, or you could lose the right to do anything about the discrimination. And, it is always advisable to contact an experienced attorney if you think you have been discriminated against.
Have You Been Discriminated Against Because You Are A Female "Caregiver"? [PDF]
Description: Although federal EEO laws do not specifically prohibit discrimination against “caregivers,” there are many circumstances in which discrimination against caregivers may be unlawful discrimination. While “caregivers” are not a specifically protected category in any of the federal civil rights laws, protections against sex, disability, and age discrimination may intersect with an employees’ care-giving responsibilities.

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Disability:

Disability Entitlements [PDF]
Description: If you are unable to work due to a mental or physical illness or injury you may be entitled to disability benefits. There are three major disability benefits programs: Short and Long Term Disability Insurance, Social Security Disability, and specifically for injuries at work – Workers’ Compensation Benefits. There are also special programs for federal, state and county employees, disability benefits through pension plans, and additional rights under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and your Union contract.
Visual Impairment & Blindness [PDF]
Description: According to the National Institutes of Health, National Eye Institute, more than 10 million people in the United States suffer some significant impairment of vision, low vision or are legally blind. Visual problems can be caused by accidents, diseases of the eye, or side effects of illnesses such as multiple sclerosis, diabetes and hypertension. Visual problems can have a serious negative impact on quality of life. Millions of people face the prospect of losing driving privileges, mobility, and to a large degree, their freedom, due to impaired vision. Some become permanently disabled and cannot perform gainful employment.
Heart Disease and Disability [PDF]
Description: If you suffer a disabling heart condition that is so severe that it significantly limits your ability to perform your job, you should consult an attorney to discuss a possible disability benefits claim. You should also discuss with your attorney your right to reasonable accommodations at work under the Americans with Disability Act (ADA).
Diabetes Disability [PDF]
Description: According to The National Diabetes Information Clearinghouse (NDIC), a service of the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), about 18.2 million people--6.3 percent of the population--have diabetes, and for many, it is a disabling disease. Diabetes is widely recognized as one of the leading causes of death and disability in the United States.
Stress Related Disabilities and Mental Illnesses [PDF]
Description: According to the National Institute of Health, over 20 percent of Americans ages 18 and older (about 1 in 5 adults) suffer from a diagnosable mental disorder in a given year. This translates to more than 44 million Americans per year. Four of the ten leading causes of disability in the United States are mental disorders-major depression, bipolar disorder, schizophrenia, and obsessive-compulsive disorder.

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Wills, Trusts, Probate & Estate:

Andalman & Flynn Lawyers win $100,000 victory in November 2008 trial [PDF]
Description: On November 14, 2008, Andalman & Flynn attorneys Kate McDonough and Mary Ellen Flynn won a $100,000 victory in the Orphan’s Court for Montgomery County, Maryland on proving that a purported revocation of a $100,000 bequest left to their clients was invalid.

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General:

2008 Conference Agenda
Description: Attorney Daniel A. Katz to address Maryland employment law seminar.
Domestic Client Personal Expense Budget Spreadsheet
Rockville Public Parking [PDF]
Description: Parking For April 15th Joint Meeting
Maryland Rule of Procedure 16-819: Court Interpreters [PDF]
Description: This articles addresses changes to the Maryland Rules effective January 2003 regarding court interpreters, their responsibilities, and the court's obligation to provide interpreters for court cases.
Maryland Rules of Civil Procedure and Amendments (2005) [PDF]
Description: The following is an overview of the new Maryland Rules of Civil Procedure and Amendments to existing Maryland Rules of Civil Procedures as ordered by the Court of Appeals of Maryland. This article is published in the Winter 2005 edition of the Maryland Trial Lawyers Association Trial Reporter.

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Quick Contact

Andalman & Flynn P.C.

8601 Georgia Avenue, Ste. 604
Silver Spring, MD 20910
Phone: (301) 563-6685
Fax: (301) 563-6681

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Resources

Federal Disability Retirement (FERS and CSRS)

Divorce, Custody, and Family Law

Protection from Abuse and Violence

Criminal Law

Alternative Dispute Resolution

Collections

Personal Injury

Social Security Disability Insurance

Long Term Disability Insurance / ERISA

Maryland Teacher and State Disability Retirement

Employment Law

Medical Resources

Government Agencies

Legal Resources

General

Disclaimer & Legal Notices
Confidential or sensitive information should not be sent to Andalman & Flynn through this website or otherwise, until Andalman & Flynn has confirmed that such contact would be appropriate and not create a conflict of interest.

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