In This Issue New Maryland Bar
Of Note ..............................................2
Dates to Remember.............................3 Admittees Recognized
Member News .....................................4
Thought for the Day!...........................4 On Monday, February 4, the Court of Frederick County recognized during
General Membership Meeting .............5 the Opening Term of Court ceremony seven recent admittees to the Maryland
Volunteers Needed ..............................5 State Bar.
Child Support Meeting Minutes .........6
Update on the Lawyer
Referral Service ................................6
2008 Dues Invoice... ...........................8
Super Lawyers .....................................9
Plaintiff’s Tip .......................................9
VA Medical Care ...............................12
BAFC Meeting Minutes ....................16
Maryland Bar Association
Leadership Academy ......................18
ABOVE: Opening Term of Court, February 4, 2008
Ian Bartman was introduced by Judge Tisdale, George Cox was introduced by
Tom Lynch, Joseph Edlow was introduced by Susan Puhala, Alsion Getty was
introduced by Scott Hartinger, Ryan Naugle was introduced by Judge Solt,
Eliza Michalski was introduced by Judge Adams, and Jennifer Zonarich was
introduced by Judge Dwyer.
Each received a certificate from Bethamy Beam, President of the Frederick Bar
ABOVE: New Officer left to right - Howard Metz,
Bethamy Beam, Scott Hartinger, Anne-Herbert Association and was invited to sign the Red Book that Sandy Dalton, Clerk of
Rollins, Peter Fitzpatrick, and Paul Rose. Court presided over. Signing of the Red Book is a tradition that began in 1946.
Continued on page 11
The Bar Association
of Frederick County, MD, Inc.
Post Office Box 3088
The Bar Association would like to extend its heartfelt sympathy to Ed Lulie
Frederick, MD 21705-3088
Phone: 301 -663-1139
on the recent loss of his wife, Harriet Lulie. She passed away on Friday, January
Fax: 301-663-8001 25, 2008. Memorial donations may be made in memory of Harriet to P.O. Box
Email: email@example.com 626, Jefferson, MD 21755 in care of Ed Lulie.
2008 OFFICERS Representatives from The Arc of Frederick County were the guest speakers
President: at the February 5, 2008 General Meeting and Luncheon. Beate Frankel,
Bethamy N. Beam, 301-682-5960 Development Director and also member of the Art Auction Committee
President-Elect: introduced Jennifer Blakeslee, Assistant Director and Carol Debow, self
Scott M. Hartinger, 301-698-8182 advocate. Carol Debow gave a heart warming talk about her life as an
Secretary: individual with developmental disabilities. Thank you ladies for taking
Paul D. Rose Jr., 301-682-9840 time to tell the Members about The Arc of Frederick County.
Howard Metz, 301-668-2992 Successful Blood Drive
The annual blood drive at the courthouse was held Friday, February 1, 2008.
There were 25 donors and 20 units of blood were collected. Thanks to all
Peter Fitzpatrick, 301-620-9357
whom came out to support this event.
The Hon. Theresa M. Adams,
The Bar Association of Frederick County welcomes five new members this
Past President: month. Brian R. Della Rocca is employed with Stein, Sperling, Bennett,
Anne-Herbert Rollins, 301-662-5155
DeJong, Driscoll & Greenfeig, P.C. He graduated from The Catholic
ASSOCIATION OFFICE University of America and was admitted to practice in Maryland in 2003.
Executive Director: He may be reached on 301-838-3245. Allison Fortmann is employed with
Jan L. Davis The Metropolitan Law Group and may be reached on 301-668-7179.
301-663-1139 She is a graduate of the University of Baltimore and was admitted to practice
firstname.lastname@example.org in Maryland in 2002. Alison Getty is employed with Ethridge, Quinn,
Office Hours: McAuliffe, Rowan & Hartinger located at 100 N. Court Street in Frederick.
Tuesday – Thursday She may be reached on 301-698-8182. Getty graduated for the University of
9:00 a.m. to 3:30 p.m. Baltimore School of Law and was admitted to practice in Maryland in 2006.
Ian Patrick Bartman is Honorable John Tisdale’s law clerk and may be reached
THE NEWSLETTER on 301-600-2796. He is also a graduate of the University of Baltimore and
The Bar Association of Frederick was admitted to practice in Maryland in 2007. Andrea K. Ormiston is
County, Maryland, Inc. newsletter is employed with Severn, O’Connor & Kresslein, PA in Frederick. She graduated
published monthly. Articles and infor- from the University of Maryland School of Law and was admitted to practice
mation to be included in the newslet- in Maryland in 2004. Ormiston may be reached on 301-682-9840.
ter must be submitted in written or
electronic format by the 15th of the
month preceding publication month.
Updates are being entered into the Website database. New information
Classified and display advertising is taken from the Dues Invoices received. Please check to make sure your
are available at a modest cost. password, User ID and/or Website is correct. Contact Jan if you need
For information call 301-663-1139. a correction. email@example.com
Continued on page 4
Dates to Remember
March March continued
Tuesday, March 4, Noon Monday, March 17
General Membership Meeting Deadline for Newsletter Input
and Luncheon Monday, March 20, 4:30 p.m. - 6:30 p.m.
Danielle’s Happy Hour
6 N. East Street/Parking in Rear La Paz Mexican
$14.00 per person/Cash or Check 51 South Street
Art Auction Tickets Available Sponsored by Miles & Stockbridge
Guest Speakers: Mark Leventhal
Thursday, March 27, Noon
Thursday, March 6, 8:00 a.m.
Executive Committee Meeting
Charity Art Auction Committee Meeting
On West Church Street, 2nd Floor
Miles & Stockbridge
30 West Patrick Street, Suite 600
Thursday, March 13, 8:00 a.m.
Charity Art Auction Committee Meeting Tuesday, April 1, Noon
Severn, O’Connor & Kresslein General Membership Meeting
50 Carroll Creek Way, Suite 340 and Luncheon
Friday, March 14, 5:30 p.m.
6 N. East Street/Parking in Rear
Charity Art Auction
$14.00 per person/Cash or Check
Guest Speakers: TBA
(See Flyer in Newsletter for Details)
Wednesday, April 15
Monday, March 17
Deadline for Newsletter Input
Deadline for Newsletter Input
St. Patrick’s Day
Attorneys at Law
is pleased to announce three new Principals of the Firm
MONICA G. HARMS DARLA J. MCCLURE KAREN N. SHAPIRO
Family Law Managing Principal - Frederick Office Business and Employment Law
Business and Employment Law
Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C. 5283 Corporate Dr., Suite 301, Frederick, MD 21703
Celebrating 30 Years of Measuring Success by Results 240-529-1483 • www.steinsperling.com
Of Note... Member News
WELCOME IAN BARTMAN
Continued Ian presently serves as the judicial law clerk for the
Honorable John H. Tisdale here in Frederick County.
2008 Directory (January) He is a graduate of the University of Baltimore School of
The 2008 Directory (January) is available on the Website Law, where he served as a teaching assistant and staff editor
www.frederickbar.org under Members section. You will for the University of Baltimore Law Forum. While in law
need your password and user ID to enter that section. The school, Ian clerked for the Law Offices of Hamilton,
Directory is updated by changes members provide on their Altman, Canale & Dillon, LLC, a medical malpractice
Dues Invoices. This Directory has changes provided defense firm in Bethesda. He is a graduate of the Johns
through January 31, 2008. Members who have not paid Hopkins University Graduate School of Education and has
their 2008 dues by March 31, 2008 will have their names an undergraduate degree from the University of Maryland
and information removed from the Directory. Please at College Park. Prior to being admitted to the Bar, Ian’s
contact Jan (firstname.lastname@example.org) if you need to make employment history included experience as a public school
corrections and/or additions. The next update will be teacher and public relations manager. He is a Middletown
July 2008. High School graduate and has been a Frederick County
resident for nearly 30 years. Ian presently resides in
Update On Lawyer Referral Service Frederick with his wife and two daughters.
There are now seven participating attorneys from Frederick
County working with the Lawyer Referral Service. The Bar VIRGINIA B. JOEHL JOINS
Association of Frederick County refers people looking for HASPEL & MCLEOD, PC
an attorney to the referral phone number. The number is
The Law Firm of Haspel & McLeod, P.C. is pleased to
1-877-633-1477 and rings in Baltimore. Baltimore
announce that Virginia B. Joehl has become associated
County offered this service to Frederick and Carroll
with the firm. The firm has an office at 77 S. Washington
Counties when the program that was then being used was
Street, Suite 200, Rockville, Maryland 20850, tel.: (301)
discontinued. There have been 62 referrals for Frederick
424-8841 and 316 West Patrick Street, First Floor,
County since the program began in September. Please
Frederick, Maryland 21701, tel.: (301) 631-0592.
note corrected phone number.
REMINDER – Have You Paid Your Dues?
Please remember to pay your dues this month. New Members Bios
Membership for 2008 is $100 and for an additional $50, If you are a new member of the Bar Association and you
your website will be listed on the Bar Association of haven’t already sent me your biography to be included
Frederick County website (www.frederickbar.org) under in the Newsletter, don’t miss this opportunity to tell
Find An Attorney. other Members about yourself and what you can offer
Your updated invoice will be reflected in the Bar Data the Frederick Bar Association. This is a good way for the
Base, Mailing Labels, Practice Areas (shows on the Members to meet you. Please send your biography to Jan@
website), and the Directory. Beginning April 1, only paid frederickbar.org and it will appear in the next Newsletter.
members will be in the Directory and receive Newsletters.
Merchant’s Air Conditioning & Heating Service
Sales • Service • Installation
Thought for the Day! Dale S. Merchant
We make a living by what we get; we make a life 14601 W. Old Baltimore Rd.
by what we give. Boyds, MD 20841
— Winston Churchill
Special Guests Spoke at
the General Membership
Meeting and Luncheon
On Tuesday, February 5, 2008, special guests from The
Arc of Frederick County spoke about their mission and
experiences to members at Danielle’s Restaurant. The Arc is
this years Annual Charity Art Auction Beneficiary. The Arc
provides services to children and adults with developmental
disabilities who live in Frederick County. Their mission
is to provide advocacy, access to resources, and assistance
in increasing individual and family connections for people
with developmental disabilities. Services are based
on the individual’s requests and their choices about
the type of help they need. The agency plans
to use funds from the art auction to provide real
world experiences to prepare individuals to live
on their own.
Bethamy Beam, President, also thanked Ann-
Herbert Rollins for her year of service as President
of the Bar Association of Frederick County in 2007
and presented her with the Presidential Plaque.
TOP RIGHT: Tracie Clabaugh, Art Auction Co-Chair, Beate
Frankel, Development Director, and Carol Debrow, Self
Advocate (both representatives from the Arc of Frederick
County), Beth Beam, and Paul Rose (Art Auction Co-Chair).
Above: Members of the Charity Art Auction, front row left to right -
Ian Bartman, Alison Getty, Beth Beam, Paul Rose, Beate Frankel, Jan
Davis, Tracie Clabaugh, Ron Cramer (photographer).
Your Partner for Professional Liability Insurance
and Risk Management Services Volunteers Needed, National
Legal Mutual Liability Insurance Society of Maryland has been
providing malpractice insurance to Maryland attorneys since 1988 Advance Directive’s Day
and is the only lawyers professional liability insurance company
The National Bar Association has announced that May 1,
endorsed by the Maryland State Bar Association.
2008, is National Advance Directive’s Day. The purpose
•Online application and quote process of the day is to meet with Senior Citizens and provide
•Knowledgeable sales and customer service certain legal services re Living Wills and Advance Medical
•Knowledgeable risk management professionals Directives. The Department of Aging, Frederick County,
•Competitive rates will assist Frederick County’s legal community to host
•Solo and small firm specialists such an event. Attention all Attorneys, Paralegals and
Legal Assistants: Can you spare a couple hours of your
Go to www.legalmutual.com to apply time to assist with planning or to join us on May 1st?
online today and receive a 10% discount
on your premium. If so, please contact: Bea Schultz, Law Offices of Jeanne F.
Singer, P.A. at 240-356-0140 or email bschultz@
jsingerlaw.com. We have agreed to organize the event.
Child Support Meeting Minutes
January 16, 2008
Those in attendance:
Julie S. Solt Richard Gibbs Nancy Bell
G. Edward Dwyer, Jr. Susan Little Lynda Byrd
Arthur Kravetz Nanci Hamm Sabrina Hoy
Mary Riley Erin Stalzer Jean Creighton
Chris Remsburg Barbara Domer
1. Contempt Sentencing – Judges will no longer Second, due to the Assignment Office not receiving
impose a sentence if the sentence is not going to be some orders until after the new hearing date has
served. The new plan of action will be to say Defendant already occurred, consent orders drafted by the State’s
stipulates or is found in contempt and set Review Attorney’s Office modifying purge amounts and
Hearings with specified purge amounts. If the purge changing Review dates will be separated from all other
amounts aren’t met, then sentence will be imposed at child support orders and handled more expeditiously.
that time. There will be no need for the judges’
assistants to include these cases on the monthly reports 4. Forfeiting Cash Bonds – It was determined that
to the AOC. Also, the Clerk’s Office should leave all if the person who posts a cash bond is someone other
courtroom worksheets with the judge’s assistant and than the defendant, then the Clerk’s Office is obligated
if a sentence is imposed the judge’s assistant will receive to return the bond money if the defendant appears
the file with the courtroom worksheet in order to for hearing.
process the commitment order quickly 5. Copying Orders – In the past the Assignment Office
2. Scheduling – First, it was determined that orders are has been making copies of all the child support orders
no longer needed if a child support case is postponed for disbursement among the parties. It was decided
on the record. The courtroom clerk will hand out that this procedure will change and it will now
copies of the courtroom worksheet with the new date become the Clerk’s Office responsibility to make all
to all parties. the copies of signed child support orders for purposes
of disbursement among the parties.
SAVE THE DATE! Update on the Lawyer
Retirement Dinner for Referral Service
There are now seven participating
Irma S. Raker attorneys from Frederick County working
Judge of the Court of Appeals with the Lawyer Referral Service. The Bar
of Maryland Association of Frederick County refers
people looking for an attorney to the
Thursday, May 15, 2008, 6:00 P.M. referral phone number. The number is
1-877-633-1477 and rings in Baltimore.
Smokey Glen Farm Baltimore County offered this service to
Gaithersburg, Maryland Frederick and Carroll Counties when the
program that was then being used was
For Information: discontinued. There have been 62 referrals
Parkerkathy1@gmail.com for Frederick County since the program
began in September
CLASSIFIEDS Baltimore County Bar Association
– Lawyer Referral Service
Office Space: 800 sq. ft., entire second floor of Unit 11,
West Patrick Square, 129 W. Patrick Street, right across Inclusion of Carroll and Frederick Counties
the street from the courthouse, is immediately available
YES, please send me the LRS Panel Rules and
for lease. Rent negotiable. Contact Clay Martz at
Beautiful, Sunny, Downtown Offices: for rent. Includes Name ________________________________
hardwood floors, kitchenette, workroom/conference room Telephone ____________________________
and shower. Single office $400 per month plus utilities or
two offices for $750 per month plus utilities. Contact Tod
at 301-694-7235 or Barry at 301-371-5918 ____________________________________
Office Space: 2,300 s/f with 8 parking spaces, 117 West ____________________________________
Patrick Street, across from the Courthouse, available June
1, 2008. Rent negotiable. Contact Clay Martz,
(301) 471-7004. State____________ Zip _________________
Prime Office Space For Lease: The former “Linton, Email ________________________________
Shafer” building at 4-6 West Second Street will be available
April/May 2008. Completely renovated, it is comprised
Member of Carroll County Bar Association?
of 2 office suites, 2,600 and 3,100 square feet. Parking Yes________ No__________
available. For brochure, call Lee Radcliffe, Radcliffe Realty
Member of Frederick County Bar Association?
Group 301-663-6444, ext 202.
Return this form, via mail to Doris D. Barnes,
Executive Director, Baltimore County Bar
Association, 100 County Courts Building, 401
Bosley Avenue, Towson, MD 21204; or via facsimile
to 410-823-3418; or via email to email@example.com.
Note to Frederick Bar Members:
The Bar Association has established a toll free
number that will ring at the Baltimore County
Lawyer Referral Service. The toll free number
2008 Dues Invoice
Payment due March 31, 2008
To: (Your Name) ________________________________________________________________
Email: _____________________________ Tel: ____________________________
Website: _____________________________ Fax: ____________________________
Please verify and correct any information and return original or copy when submitting payment.
2008 Membership Dues $ 100.00
2008 Website Link1 (optional) - $50.00 $ ______
Website name: ___________________________________________________________
Additional Attorney on above Website Link - $5.00 each $ ______
Total Due $ ______
Website Link from Bar Association website to your website under “Find an Attorney”
*Please Note: Directory updates will be made by January 31 for those who pay by January 1, 2008.
ARTICLE III (Membership), Section 3.(a) of the Bylaws of the Association provides that “Each member shall, on an
annual basis and upon the payment of his/her dues, certify to the accuracy of their current membership
classification, and may, at that time, apply for reclassification…” Please complete the certification/reclassification
_____I request that my membership remain the same
_____I request the reclassification of my membership to: ( ) Active ( ) Associate ( ) Honorary
Practice Areas for Website Information (check no more than five):
Administrative Domestic Violence OSHA/MOSH
Aviation Education Law Patents
Adoption Elder Law Personal Injury
ADR Employer/ Labor Planning/ Zoning
Antitrust Law Environmental Product Liability
Appeals Estate Administration Real Estate- General
Bankruptcy/ Debtor’s Rights Estate Planning Real Estate- Litigation
Collaborative Law Federal Practice Real Estate- Settlements
Collections/ Creditor’s Rights Health Securities
Commercial Litigation Immigration/ Naturalization Social Security/ Disability
Consumer Protection International Law Tax
Construction Claims Intellectual Property Traffic/DWI
Corporation & Business Juvenile Worker’s Compensation
Criminal Law Landlord/ Tenant
Divorce/ Custody Malpractice
Super Lawyers Plaintiff’s Tip - Nonuse of
Baltimore Magazine Names Eleven BAFC a Seatbelt is Inadmissible
Attorneys as “SUPER LAWYERS”
by Steve Campen, President, Plaintiff’s Bar Association
Eleven members of our association were recently named in Don’t be lulled into allowing testimony regarding the use
Baltimore Magazine as “Super Lawyers”. They were selected of a seatbelt by your injured client, even if you are kind
by a peer nomination and review process which limited
honorees to the top 5% of all lawyers in Maryland. enough to provide that information during Discovery.
Transportation Article § 22-412.3(h) is very clear on the
Honored members from the BAFC include: subject: (1) Failure of an individual to use a seat belt in
Alternative Dispute Resolute - Paul Ethridge violation of this section may not: (i) Be considered evidence
Business Litigation - Danny O’Connor, Tom Lynch, of negligence; (ii) Be considered evidence of contributory
Jack Quinn negligence; (iii) Limit liability of a party or an insurer;
Class Actions - Scott Borrison
or (iv) Diminish recovery for damages arising out of the
Criminal Defense - White Collar - Paul Kemp
Family Law - Sherry Leichman, Gwenn McLeod, ownership, maintenance, or operation of a motor vehicle.
Keith Schiszik, Brian Wise Clearly, § (iv) is exceedingly important because a jury may
Medical Malpractice Defense - Mary Beth Kaslick well reduce the amount of its verdict if it finds the plaintiff
was not using his or her seatbelt. So keep it out of evidence,
CONGRATULATIONS TO ALL! per the express direction of the legislature.
Christie Nylen Ed Nylen
Real Estate Title Service, Inc.
Abstracting and Recording Services
Montgomery County Frederick/Washington County
30 Courthouse Square, Suite 406 129 West Patrick Street – Unit #1
Rockville, Maryland 20850 Frederick, Maryland 21701
Phone: 301-762-4503 Phone: 301-607-0000
Fax: 301-762-2511 Fax: 301-694-7180
The Bar Association of Frederick County
7th Annual Charity
to beneﬁt Featuring
The Arc of Quality
Art in All
Frederick County, Inc. Media
Friday, March 14, 2008 Ranges!
5:30 p.m. Preview Oils
7:00 p.m. Auction Geclees
Dutch’s Daughter Restaurant Contemporary
Major Credit Cards
Photo of Covered Bridge by Frederick photographer, Ron Cramer
Gourmet Hors D’Oeurves
Cash Bar Door Prizes
Silent Auction Lots of Fun!
$20 per person, $30 per couple
Patronship $135 (includes 10 tickets)
For information and tickets call 301-663-1139
Opening Term of Court endowment fund, which is named the Justice for All
Fund. Money raised for the Fund will be used to provide
Continued from page 1 pro bono legal services to those in need.
Ms. Beam also informed the Court that the Judge Dwyer spoke
Bar Association of Frederick County, about the history
Maryland was presented with an Award for of he Grand Jury
Best Service to the Public at the Maryland followed by the
State Bar Association’s Annual Bar swearing-in of the
President’s conference in October, 2007. Grand Jury.
This award was presented in recognition
of the free legal clinic sponsored by the
Bar Association on July 25, 2007. Sixteen
members volunteered to address the legal
needs of more than 1-00 citizens of
Frederick County. This was a valuable
free service to the community.
Ms. Beam mentioned that the Bar
Association recently established an
Future Dates from MSBA
Mark Your Calendars Now!!
Maritime Institute Conference Center
Linthicum Heights, Maryland
May 16-17, 2008
Ocean City, Maryland
June 11-14, 2008
CONFERENCE OF BAR PRESIDENTS
Princess Royale Hotel and Conference Center
Ocean City, Maryland
October 16-18, 2008
VA Medical Care Long-term care. The VA offers a number of long-term care
options through its health plan.
Submitted by David Wingate All enrolled veterans are eligible for the following services:
The Veterans Administration (VA) provides health care Geriatric evaluation—provides either an inpatient
benefits to veterans. The plan covers a number of health or outpatient evaluation of a veteran’s ability to care
care services, including preventative services, diagnostic for him or herself.
and treatment services, and hospitalization. It may also
Adult day health care—a therapeutic day care
cover nursing home and other long-term care options.
program that provides medical and rehabilitation
Who is Eligible? services to veterans
To receive care, most veterans must be enrolled in the VA Respite care—provides either inpatient or outpatient
health system. Eligibility for the health system depends supportive care for veterans to allow caregivers to get
on a number of factors, including the nature of your a break
discharge from military service, your length of service,
Home care—nursing, physical therapy, and other
whether you have service-connected disabilities, your
services provided in the veteran’s home
income level, and available VA resources, among others.
Hospice/palliative care—provides services
To be eligible, you must not have been dishonorably
for terminally ill veterans and their families
discharged from the military. Your length of service may
also be important. Former enlisted persons who started Some services are limited to certain veterans: nursing
active duty before September 8, 1980, and former officers home care and domiciliary care are not automatically
who first entered active duty before October 17, 1981, available to all veterans enrolled in the VA health plan.
do not have a length-of-service requirement. Otherwise The following veterans automatically qualify for unlimited
you must have 24 months of continuous active duty nursing home care:
military service, though there are several exceptions for
• Veterans who are seeking nursing home care
reservists, National Guard members, service-connected
for a service-related condition
disabilities, and hardship discharges, among others.
• Veterans with a service-connected disability rating
Certain veterans do not need to be enrolled in the VA
of 70 percent or more
health system to receive benefits if: you are 50 percent
or more disabled from a service-connected disability, you • Veterans who have a service-connected disability
are seeking care for a VA rated service-connected disability, of 60 percent and are unemployable
or it has been less than one year since you were discharged A service-connected disability is a disability that the VA has
for a disability that the military determined was caused officially ruled was incurred or aggravated while on active
or aggravated by your service, but the VA has not yet rated duty in the military and in the line of duty. The VA must
the disability. rule that your illness/condition is directly related to your
The VA has limited resources, so if you are eligible for active military service, and it assigns each disability a rating.
services, you will be assigned to a priority group. The The ratings are established by VA regional offices around
priority groups range from 1-8 with 1 being the highest the country.
priority for enrollment. To see the priority list. As of Jan. 17, The VA may provide nursing home care to other veterans
2003, veterans assigned to priority 8 are not eligible for if space permits. Veterans with service-connected disabilities
enrollment or care for non-service connected conditions. receive priority.
What Is Covered There are also state-run veteran’s nursing homes. The VA
The standard benefits package includes: Preventative care provides funds to states to help them build the homes
services, outpatient diagnostic and treatment services and pays a portion of the costs for veterans eligible for
(including mental health and substance abuse treatment), VA health care. The states, however, set eligibility criteria
inpatient diagnostic and treatment services, prescriptions, for admission.
and long-term care (including nursing home care for A Domiciliary is a VA facility that provides care on an
some veterans). ambulatory self-care basis for veterans disabled by age
or disease who are not in need of acute hospitalization
and who do not need the skilled nursing services provided • Compensation and pension examination requested
in a nursing home. Domiciliary care is available to low- by the Veterans Benefit Administration
income veterans with a disability. • Care that is part of a VA-approved research project
Co-Payments • Outpatient dental care
There are no costs for certain veterans and low-income • Readjustment counseling and related mental health
veterans. The following veterans are eligible to receive services for Post Traumatic Stress Disorder
cost-free health care benefits automatically:
• Emergency Treatment at other than VA facilities
• A service-connected veteran receiving VA
compensation benefits • Care for cancer of the head or neck caused from
nose or throat radium treatments given while in
• A veteran seeking care for a specific service-connected the military
• Publicly announced VA public health initiatives --
• Former POWs i.e., health fairs
• Purple Heart Medal recipients • Care related to service for veterans who served
• A veteran with conditions related to exposure to in combat or against a hostile force during a period
herbicides during the Vietnam-era, ionizing radiation of hostilities after November 11, 1998
during atmospheric testing, ionizing radiation during • Laboratory services such as flat film radiology services
the occupation of Hiroshima and Nagasaki and electrocardiograms
• A veteran who sustained a service-related condition • Outpatient co-payments. The following are the
while serving in the Gulf War, in combat in a war outpatient co-payments for non-service-related
after the Gulf War, or during a period of hostility conditions:
after November 11, 1998
• Services provided by a primary care clinician are $15
• A veteran with military sexual trauma (in 2007) for each visit
• A veteran with cancer of the head or neck caused • Services provided by a clinical specialist are $50
by nose or throat radium (in 2007) for each visit
• Treatments given while in the military • Preventive care services (such as screenings
• A veteran who is participating in a VA approved and immunizations) are free.
research project • Inpatient co-payments. The inpatient co-payment
If you don’t fit into one of those categories, the VA will is calculated by adding:
ask you to provide your household income and net worth • $10 per day of hospitalization (in 2007), and
from the previous year. If your income is below certain
thresholds, you will not have to make a co-payment. • $992 for the first 90 days of hospitalization and $496
In addition, you must not have more than $80,000 in for each additional 90 days (in 2007).
property. Those whose income exceeds the threshold or There is a reduced co-payment rate (20 percent of the full
who refuse to submit to the means test may have to make inpatient rate) for certain individuals whose income is above
a co-payment. the VA income thresholds, but below the Geographic
Unlike the Medicaid program, there is no penalty for Means Threshold (GMT).
transferring assets before applying for veteran’s benefits, Prescription co-payments. Prescription co-payments are
including long-term care. Remember, however, that if you charged only for outpatient treatment. The following
do transfer assets it may affect your eligibility for Medicaid. veterans do not have to pay anything for medications:
Even if your income is above the threshold, you do not • A veteran who is 50 percent disabled or more with
have to make co-payments for the following services: a service-connected disability
• Special registry examinations offered by the VA • A veteran who has been determined by the VA as
to evaluate possible health risks associated with unemployable due to his service-connected conditions
military service • A veteran who needs medication to treat a specific
• Counseling and care for sexual trauma service-connected disability
Continued on next page
VA Medical Care Long-term care co-payments. The first 21 days of long-term
care are free. Co-payments start on the 22nd day. Long-term
Continued from previous page care co-payments are calculated differently from other co-
payments — they are set based on the individual veteran’s
• Former POWs financial status. Veterans must fill out a financial assessment
• A veteran whose income is below the maximum to determine their co-payments. This is a separate form from
annual rate for a VA pension the form veterans had to fill out to determine if they were
• A veteran who needs medication to treat conditions eligible for free health care. This form assesses your current
related to a veteran’s exposure to herbicides during income as opposed to the previous year’s income. The co-
the Vietnam era ionizing radiation during payments will be adjusted for each individual veteran based
atmospheric testing, or ionizing radiation during on his or her ability to pay. Once you have submitted
the occupation of Hiroshima and Nagasaki a form, a social worker will contact you to let you know
how much your co-payments will be.
• A veteran who served in the Gulf War, in combat
after the Gulf War, or during a period of hostility What to do if you can’t afford co-payments. There are
after Nov. 11, 1998, and who needs medication several options if you cannot afford your co-payments.
to treat a service-related condition One option is to request a waiver. You will have to submit
proof that you can’t financially afford to make payments
• A veteran who needs medication to treat a military to the VA.
If your income changed since you applied for free health
• A veteran with cancer of the head or neck caused by care, you can request a hardship determination. This will
nose or throat radium treatments given while in the change your priority group assignment. To do this, you will
military need to provide current financial information to the VA.
• A veteran participating in a VA approved research Another option is to request a compromise and make a
project partial payment. Most compromise offers that are accepted
If you don’t fit into one of these categories, you must pay must be for a lump sum payment payable in full 30 days
$8 (in 2007) for each 30-day or less supply of medication. from the date of acceptance of the offer.
If you are in one of the Priority Groups 2 through 6, there
is an annual limit on the amount you have to pay for How to Enroll for Health Benefits
prescriptions. You will not be charged more than $960 You can fill out the form to enroll for health benefits online
during the calendar year. If you are in Priority Groups 7 at https://www.1010ez.med.va.gov/sec/vha/1010ez/ or you
and 8, you will have to pay the full co-payment amount, can receive the form by calling 1-877-222-VETS (8387).
with no annual limit. Once you complete and sign the form, mail it to your
The Medicare prescription drug benefit. As part of the new local VA health care facility.
Medicare law enacted in December 2003, Congress added Disability Benefits
a modest prescription drug benefit. This benefit took effect The VA offers two disability programs. Disability
January 1, 2006. The benefit is available to anyone who is compensation is available only for veterans with service-
eligible for Medicare Part A or B coverage. The benefit is connected disabilities, while the disability pension benefit
completely voluntary, so you must decide whether you want is available to anyone who served during wartime and has
to participate in a plan or not based on your own situation. a disability. The disability does not have to be related to
If you decide to participate in the Medicare plan, your VA military service.
prescription drug coverage will not be affected.
Most Medicare beneficiaries must choose a plan by May 15,
If you have an injury or disease that happened while
2006, or be subject to significant financial penalties for late
on active duty or if active duty made an existing injury
enrollment. However, because the VA prescription drug
or disease worse, you may be eligible for disability
coverage is considered “creditable coverage,” you will not
compensation. The amount of compensation you get
face a penalty if you decide to sign up for the Medicare
depends on how disabled you are and whether you have
plan after May 15, 2006. If you disenroll or lose your VA
children or other dependents. Additional funds may be
prescription drug coverage, you will have 62 days to sign
available if you have severe disabilities, such as loss of
up for a Medicare plan without being subject to a penalty.
limbs, or a seriously disabled spouse.
Disability Pension Benefit Your income does not include welfare benefits or
The VA pays a pension to disabled veterans who are not Supplemental Security Income. It also does not include
able to work. The pension is also available for surviving unreimbursed medical expenses actually paid by the
spouses and children. This pension is available whether or veteran or a member of his or her family. This can include
not your disability is service-connected, but to be eligible Medicare, Medigap, and long-term care insurance
you must meet the following requirements: premiums; over-the-counter medications taken at a
doctor’s recommendation; long-term care costs, such as
You must not have been discharged under dishonorable
nursing home fees; the cost of an in-home attendant that
provides some medical or nursing services; and the cost
If you enlisted before September 7, 1980, you must have of an assisted living facility. These expenses must be
served 90 days or more of active duty with at least one unreimbursed. This means that insurance must not pay
day during a period of war. Anyone who enlisted after the expenses. The expenses should also be recurring —
September 7, 1980, however, must serve at least 24 months this means they should recur every month.
or the full period for which that person was called to serve.
Aid and attendance. A veteran who needs the help of an
You must be permanently and totally disabled, or age 65 attendant may qualify for additional help on top of the
or older. You will need a letter from your doctor to prove disability pension benefit. The veteran needs to show that
that you are disabled. he or she needs the help of an attendant on a regular basis.
In addition, your income must be below the yearly limit A veteran who lives in an assisted living facility is
set by law; called the Maximum Annual Pension Rate presumed to need aid and attendance.
(MAPR). The MAPR for 2007 are below: A veteran who meets these requirements will get the
difference between his or her income and the MAPR
Veteran with no dependents $10,929 below (2007 figures):
Veteran with a spouse or a child $14,313
Housebound veteran Veteran who needs aid and attendance
with no dependents and has no dependents
Veteran who needs aid and attendance
Housebound veteran $21,615
$16,740 and has one dependent
with one dependent
Additional children $1,866 for each child How To Apply
Your pension depends on your income. The VA pays You can apply for both disability benefits by filling out
the difference between your income and the MAPR. VA Form 21-526, Veteran’s Application for Compensation
The pension is usually paid in 12 equal payments. Or Pension. If available, you should attach copies
of dependency records (marriage & children’s birth
Example: John is a single veteran and has a yearly income certificates) and current medical evidence (doctor &
of $5,505. His pension benefit would be $5,424 (10,929 hospital reports). You can apply online at http://vabenefits.
– 5,505). Therefore, he would get $452 a month. vba.va.gov/vonapp.
When you advertise in the newsletter, you help support the Bar Association of Frederick County.
Classified Classified Business Card ¼ Page Ad ½ Page Ad
40 words or less 41 words or more 2” x 3½ ” 3½” x 4” 4” x 7”
1 Month $24.00 $38.00 $55.00 $75.00 $125.00
3 Months $66.00 $90.00 $135.00 $195.00 $315.00
6 Months $120.00 $150.00 $240.00 $360.00 $570.00
12 Months $216.00 $240.00 $465.00 $660.00 $1080.00
Advertisements can include sale of property or items, rentals, employment opportunities or available services.
THE BAR ASSOCIATION
OF FREDERICK COUNTY, MARYLAND, INC.
February 5, 2008
The regular monthly meeting of the Bar Association Members should have electronically received the
of Frederick County was held on Tuesday, February BAFC Survey. Please fill out the survey and submit it
5, 2008 at Danielle’s Restaurant at 6 N East Street, electronically. This information will be quite helpful to
Frederick, Maryland. Beth Beam called the meeting the Executive Committee in planning future events and
to order at 12:15 p.m. meetings.
No guests were introduced. New Business:
Beth Beam made a motion for the approval of the The following new members were voted into
minutes of the January general membership meeting. membership: Brian R. Della Roca of Stein Sperling;
The motion was unanimously approved. Beth Beam Allison R. Fortmann of The Metropolitan Law Group;
then made a motion that the treasurer’s report, dated Alison Getty of Ethridge, Quinn, McAuliffe, Rowan and
January 31, 2008, be approved. The motion was Hartinger; Ian P. Bartman; and Andrea K. Ormiston of
unanimously approved. Severn, O’Connor and Kresslein, P.A.
Announcements: Paul Rose provided the membership with an update
The following new officers were introduced: Beth regarding the 2008 Art Auction, thanked the 2008
Beam, President; Scott Hartinger, President-elect; Art Auction Committee, and urged the membership
Anne-Herbert Rollins, Past President; Peter Fitzpatrick, to participate.
Treasurer; The Honorable Theresa Adams, Assistant Guest Speaker:
Treasurer; Paul Rose, Secretary; and Howard Metz, Jennifer Blakeslee, Assistant Director of The Arc
Assistant Secretary. of Frederick County, and Carol Debow, Self Advocate,
Beth Beam recognized Anne Rollins’ service to the both spoke regarding the mission of The Arc.
Bar Association. Adjournment:
There will be a MSBA Litigation Section meeting Beth Beam adjourned the meeting.
on Thursday, February 21, 2008 from 5:00 to 7:30 p.m.
at Dutch’s Daughter Restaurant, 581 Hines Avenue,
ELLIN & TUCKER
Frederick. The topic is Appellate Practice – Certiorari, CONSULTANTS SPECIALIZE
Issue Preservation Regarding Jury Selection and IN PROVIDING SERVICES
Instructions, and the Do’s and Don’ts of Brief Writing TO THE LEGAL PROFESSION
AND THEIR CLIENTS
and Oral Arguments. RSVP to Theresa Michael, 1-800-
• Accounting and Tax Services
492-1964, ext. 3017 or Tmichael@msba.org. • Forensic Accounting
and Fraud Investigations
Applications for the MSBA Leadership Academy • Business Valuations
are due by March 31, 2008. • Damages
• Litigation Support
The Frederick County Drug Treatment Court • Law Firm Management
Graduation will be held on February 7, 2008 at
8:30 a.m., Circuit Courtroom #1.
For more information, contact Karen May.
Old Business: 30 West Patrick Street
The Bar Association is soliciting bids for a Frederick, MD 21701
301-696-1926 • Fax 301-696-1933
photographer for our traditional Ten Year Photo. WWW.ETNET.COM
More information to follow. BALTIMORE • WASHINGTON • FREDERICK
PROVIDING QUALITY SERVICES IN A
CHANGING WORLD SINCE 1946
What can you expect from
The McCammon Group?
Quality, Results, Value.
From personal injury to government contracts and everything in between,
our professionals have your mediation, arbitration, facilitation and training needs covered.
HON. DALE R. CATHELL HOPE B. EASTMAN, ESQ. MORTON A. FALLER, ESQ. PATRICK C. MCKEEVER, ESQ. HON. JAMES L. RYAN JOHN E. SANDBOWER, III, ESQ.
Retired Judge, Past President, The College of Past President, Bankruptcy Bar Past President, Montgomery Retired Associate Judge, Best Lawyers in America,
Court of Appeals of Maryland Labor & Employment Lawyers Association for the Dist. of Maryland County Bar Association Montgomery County Circuit Court ADR Section
ROBERT J. GREY, JR., ESQ. HON. WARREN R. KING WILLIE L. LEFTWICH, ESQ. ALEXIA MORRISON, ESQ. HON. WILLIAM C. PRYOR ROBERT P. WATKINS, ESQ.
Past President, Retired Judge, Legal, Business and Past Chief Litigation Former Chief Judge, Fellow, American College
American Bar Association DC Court of Appeals Civic Leader Counsel, SEC DC Court of Appeals of Trial Lawyers
HON. F. BRUCE BACH GEOFF A. DRUCKER, ESQ. FRANCES FITE, ESQ. HON. JOHANNA L. FITZPATRICK ROBERT T. HALL, ESQ. GRAYSON P. HANES, ESQ. SUSAN MASSIE HICKS, ESQ.
Retired Chief Judge, Past Chief Counsel, Dispute Past President, Retired Chief Judge, Past President, Virginia Fellow, American College Past President, Virginia Women
Fairfax County Circuit Court Resolution & Prevention, USPS McLean Bar Association Court of Appeals of Virginia Trial Lawyers Association of Trial Lawyers Attorneys Association
HON. RICHARD J. JAMBORSKY JOHN A.C. KEITH, ESQ. GLENN C. LEWIS, ESQ. HON. PAUL F. SHERIDAN HON. ALFRED D. SWERSKY BRUCE E. TITUS, ESQ. HON. ARTHUR B. VIEREGG
Retired Chief Judge, Past President, Past President, Retired Chief Judge, Retired Judge, Past Chair, Construction Law Retired Judge,
Fairfax County Circuit Court Virginia State Bar Virginia Bar Association Arlington Circuit Court Alexandria Circuit Court Section, Virginia State Bar Fairfax County Circuit Court
Mediation, Arbitration, Facilitation & Training
For a complete listing of our professionals throughout MD, DC,
and VA, call 1-888-343-0922 or visit www.McCammonGroup.com
Maryland Bar Association Leadership Academy
Maryland Bar Association Leadership Academy
Got Free Business Bill Pay?
Can your firm benefit from free Business Banking Services like Free Business Checks, Free
Business Online Banking & Bill Pay and Free Business Courier Service? If the answer is “Yes!,”
call Frederick County Bank’s Commercial Services Group today at 301-620-1400 for a free, no-
obligation Cash Management consultation! We are committed to bringing the highest quality business
products and services to our customers. Enjoy our legendary superior customer service while we
customize an effective suite of deposit and cash management services for your firm!
Lori Cromwell, Mgr. Yvonne Reeder, Mgr.
Patrick Ctr. Branch Office Walkersville Branch Office
30 West Patrick Street 200 Commerce Drive
Frederick, MD 21701 Frederick, MD 21793
(240) 379-7671 (240) 529-1524
Mary Barry, Mgr., Crestwood Branch Office, 6910 Crestwood Boulevard, Frederick, MD 21703
Charlene Collins, Mgr., Antietam Branch Office, 198 Thomas Johnson Drive, Frederick, MD 21702
First order of business checks is free. Free services are subject to certain qualifications. We will be pleased to explain these when you call.
Member FDIC www.frederickcountybank.com Equal Housing Lender
Bar Association of Frederick County, Inc. Presorted Standard
P.O. Box 3088
Frederick, MD 21705 PAID
Permit No. 451
Time-D t Delay