For many Americans today, the Medicare and Medicaid systems are a source of great confusion and worry.  Most know that at some point in their lives they will need to rely on oneof these systems for medical care, but how they work, remains a mystery to many Americans. The following will provide basic information regarding both of these government programs.

Medicare is a health insurance system for those aged 65 or older. Those under 65 can become eligible to receive Medicare only after they are entitled to Social Security Disability benefits for 29 months. Persons of any age with End-Stage Renal disease are also eligible.

The Medicare system is comprised of four parts: Part A, Part B, Part C and Part D.  Medicare Part A provides hospital, hospice and nursing insurance.  Part B includes medical insurance for doctors’ visits, outpatient care, some preventive care and medical equipment.  Part C is the “Medicare Advantage” health plan run by Medicare approved private insurance companies.  Part D helps cover the costs of prescription drugs.

Medicare is not means tested.  Medicare does require monthly premiums and co-pays.  Medicare generally allows access to a wide range of physicians. The program is so successful, that protestors have demanded that government keep its hands off Medicare.

Medicaid is a means tested program available only to low income adults and their minor children.  Low income persons with disabilities who are eligible to receive Supplemental Security Income (SSI) become entitled to receive Medicaid benefits after receiving SSI benefits for one month.  Effective 2014, the Patient Protection and Affordable Care Act will increase Medicaid eligibility to people whose income is up to 133% of the poverty income threshold. There are no co-pays or premiums paid by Medicaid recipients.

Because Medicaid is jointly funded by the State and Federal governments, states are required to offer certain mandatory benefits including inpatient and outpatient hospital services, physicians’ services and home health services, among other benefits.  Some states also provide optional benefits, including prescription drug coverage and physical therapy.  Because the reimbursement rates for doctors under Medicaid is much lower than under Medicare, far fewer physicians participate in Medicaid.

As experienced disability attorneys, we will be happy to answer any and all of your questions regarding Medicare and/or Medicaid.

Federal workers entitled to FERS disability retirement pensions currently receive an annuity that is based on the their High-3 average pay, that is, the highest average basic pay earned during any 3 consecutive years of service. However, new federal legislation introduced in 2012 under the Secure Annuities for Federal Employees (SAFE) Act, looks to change how the annuities for federal employees are calculated. The SAFE Act would require the computation of annuities to be based on a “High-5” average. Under a High-5 computation, federal employees will lose several hundred dollars per year in retirement benefits. The pending legislation would apply only to employees hired after the effective date of the Act. Current employees will still have their annuities computed on the basis of their High-3 average basic pay.

If you are a federal or postal employee contemplating filing or have already filed an application for federal disability assistance, then you should consult with an experienced attorney. At Andalman & Flynn, our team of legal professionals can assist and represent you to help protect your rights and increase your chances of success with your disability retirement annuity 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.

If you are beginning the process, and challenge, of applying for disability benefits of any nature from the federal government, it is critical that you are aware of the breadth of possible benefits offered, each with its own unique requirements and complexities. In order to maximize your chances of receiving benefits, you should be aware of three main programs for disabled individuals provided by the government: Federal Workers Compensation benefits, Social Security Disability benefits, and Federal Disability Retirement.

Federal Workers compensation benefits are offered under 4 major compensation plans, depending on your type of federal service. These benefits are intended as wage and benefit replacements, and provide for a degree of medical treatment or vocational rehabilitation services for federal employees injured at work.

Social Security Disability benefits are given to disabled individuals who have paid taxes into the Social Security system during their career. A finding of disability under the Social Security system is based on total and permanent disability, rather than a temporary or partially disabling condition. Social Security disability benefits may be offset against other types of benefits received, including workers compensation, federal disability retirement or long term disability benefits.

Federal Disability Retirement requires at least 18 months of “creditable service” in the federal government. Entitled applicants are those who are unable to provide “useful and efficient service” because of injury or illness, and whose agency is unable to accommodate them. FERS requires all those applying for Disability Retirement also apply for Social Security Disability benefits contemporaneously.

For many federal employees, making arrangements to maintain health insurance for a surviving spouse, after the death of the annuitant, is a priority.  There are many choices for the retiring employee to select from.

The requirements to maintain health insurance for your surviving spouse vary according to the federal system under which you are retiring.

Under CSRS, the minimum amount you can leave a survivor in order for them to maintain their health care is one dollar ($1.00) per month. “Survivor Benefits Elections, Court-Ordered Benefits, and Children’s Benefits,” Office of Personnel Management

Under FERS, the minimum election you can make to provide your survivor health insurance after your death is 25% of your un-reduced annuity. “Survivor Benefits Elections, Court-Ordered Benefits, and Children’s Benefits,” Retirement Information and Services Office of Personnel Management http://www.opm.gov/retire/faq/post/faq2.asp

If you are a federal employee contemplating filing, or have already filed, an application for a disability retirement annuity, you should consult an experienced attorney.  At Andalman & Flynn, our team of legal professionals can assist, and represent, you in defending your rights and increasing your chances of success with your disability retirement annuity claim.

If we can be of assistance to you, please call us at (301) 563-6685 or toll-free at (888) 558-7871.  You can also complete one of the contact forms directly on our website, and we will contact you for a consultation concerning your situation.

By: Elliot Andalman, Andalman & Flynn- reply via email at eandalman@a-f.net

and Michelle Amick- reply via email at mamick@a-f.net

Should “strict liability” apply to owners of dogs that are pit-bulls, and part bulls ?

Should landlords of such dogs also be strictly liable when these dogs inflict injury on their property?

The answer is YES, in Maryland, as of last week.  In a 4-3 opinion, the Maryland Court of Appeals (the highest court in Maryland), decided in the case, Tracey vs. Solesky, that victims of pit bulls do not need to prove that the owners should have known that their dog was dangerous, but rather the sheer fact that a dog is a pit bull is enough to hold the owners liable (and by “pit bull,” the Court of Appeals has said that this decision also applies to dogs who are part pit bull.)   This is different as to how Maryland law applies to all other dogs.  In Maryland, we have what is known as the “one bite law.”  In other words, in Maryland, if any other type of dog bite goes to court, then that dog owner is not held responsible unless the victim can prove that the dog owner knew that his/her dog is dangerous (such as by a previous bite or other inappropriate aggressive behavior).

Imposing strict liability to dogs is not unusual.   Thirty-five (35) other states impose some kind of strict liability on dog owners, regardless of the dog’s breed or appearance.   However, the new law in Maryland is different because this Court of Appeals case imposes strict liability to just one type of dog, the pit bull.

The Compassionate Allowances Initiative, by the Social Security Administration, provides fast-tracking of disability applications for the most seriously ill Americans. The fast-tracking of these applications allows applicants with certain serious illnesses to have their applications reviewed, and benefits awarded, within day or weeks, instead of the months, and even years, that it takes many applicants to be awarded benefits.

The list of Compassionate Allowances includes certain cancers, such as those with distant mestastes and those that are inoperable or unresectable, some genetic disorders and early-onset Alzheimer’s.  For a complete list of eligible conditions, please visit http://www.ssa.gov/compassionateallowances/conditions.htm.

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, and we will contact you for a consultation concerning your situation.

On April 5, 2012, the Maryland General Assembly passed the Maryland Mediation Confidentiality Act (SB 856/HB 762).

This newly-passed legislation establishes that, with certain exceptions, all communications made in a mediation setting in which the parties are required to mediate by law or by referral from an administrative agency, or in which the parties agree in writing that the mediation will remain confidential, must be kept confidential.  Prior to the passage of the Maryland Mediation Confidentiality Act, Maryland court rules only required confidentiality in Circuit Court civil mediations.

The Maryland Mediation Confidentiality Act will amend portions of the Maryland Code’s Courts & Judicial Proceedings Article.

The 5k walk is set to take place April 21, 2012 beginning at 9am.

Please help us reach our fundraising goal by making donations to the MS society in our walkers’ names.  It’s as simple as going to http://main.nationalmssociety.org/site/TR?pg=teamlist&fr_id=17747, finding our link marked “Andalman & Flynn” and clicking it.  Find a walker and make a secure online donation in their name.  The process is simple, efficient and goes towards the very worthy cause of helping us fight the battle against MS!

Thank you sincerely from all of us at A & F!

Kate McDonough, a champion in family law, probate, collections, and other civil litigation, and Peter Casciano, a defender of individuals and businesses, who obtains successful outcomes for a vast majority of his Andalman & Flynn clients in disability benefits, criminal and traffic defense, collections, and civil litigation, were both recently recognized as two of Maryland’s “Rising Stars” in 2012, according to SuperLawyers.com. So, it comes as no surprise that both these attorneys have now been granted Principal status here at the firm.

Michelle Amick Prikhodko avidly represents and assists clients in all areas of disability benefits, and Sara Prose avidly represents and assists clients in all types of family law cases, adoptions, collections, and civil litigation. It is our pleasure to have them as Andalman & Flynn’s newest Associate Attorneys.

All of our attorneys come from very distinguished backgrounds, and we are fortunate that they practice law here with us at Andalman & Flynn. We wish them all much continued success at our firm and congratulate them on their new positions.

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!