Thomas C. O'Brien has represented hundreds and hundreds of Georgia Claimants before Social Security, and actively litigates on behalf of Claimants and medical providers throughout the State of Georgia. Thomas earned a Bachelors Degree in Finance and Business Economics from the University of Notre Dame, a Master of Business Administration in Finance from Fairleigh Dickinson University, and a Doctorate of Jurisprudence from Georgia State University.
- Social Security Disability
- Military Law
- Free Consultation
- Contingent Fees
Legal fees are limited and approved by the government in each case, and are payable out of back benefits only upon favorable resolution of a client's case.
- VA Accredited Attorney
- 11th Circuit
- Court of Appeals for Veterans Claims
- English: Spoken, Written
- Spanish: Spoken, Written
- O'Brien & Feiler (formerly Feiler & Associates)
- - Current
- Disability, Veterans, and Health Reimbursement Law
- University System of Georgia - Georgia State University
- J.D. | Law
- Fairleigh Dickinson University
- MBA | Finance
- Honors: Omicron Delta Epsilon - International Honor Society in Economics Financial Management Association International - Inductee, National Honor Society
- University of Notre Dame
- B.B.A. | Finance & Business Economics
- National Organization for Social Security Claimant's Representatives
- Supporting Member
- - Current
- Insuring Georgia’s Uninsured Population with the Tools Available Today
- Georgia HFMA Scroll, Georgia HFMA, 2010
- Introduction to Social Security Cases, Legal Aid CLE, Gwinnett County Courthouse
- Gwinnett Pro Bono Project / Atlanta Legal Aid CLE
- As the population ages and disability awareness rises, social security touches our cases every day. How does someone qualify? What is the process? How are SSI, SSDI & SSRI different? How do things like alimony, child support, or working affect them? Join Social Security Attorney Thomas O’Brien for a no-experience needed intro.
- Accredited Attorney
- United States Department of Veterans Affairs
A quick video citing some of the reasons that a Claimant may wish to enlist the aid of an experienced, local disability attorney.While You Wait for Disability
Disability Attorney Thomas O'Brien shares information about what to do and what to avoid during the long wait that occurs while a disability case is navigating the appeals process.Disability Back Pay and the Alleged Onset Date
The latest OBF TV presentation which discusses the differences in how back pay is calculated between SSI and SSDI, and the interactions between Alleged Onset Date, File Date, and Date Last Insured.What to Expect at your Disability Hearing
This is a presentation by Georgia Disability Attorney Thomas O'Brien regarding several common issues and situations that are encountered at Social Security Disability / SSI ALJ hearings.
- Q. I was told because I am disabled that I don't have to pay child support is this true
- A: Not necessarily, and I would recommend you speak with an attorney local to you. SSI funds may generally not be garnished to satisfy child support obligations, but Disability funds may not be afforded these protections. Both programs require proof of disability. Additionally, an individual under a child support order would be well advised to seek modification of the child support order should they become provably disabled. Simply stopping payments after an award of benefits is not advisable. The particulars of child support law vary from state to state, but disability / SSI is federal, and as such more consistent. This answer does not constitute legal advice and does not create attorney/client privilege. Individuals are recommended to seek local specialized counsel to address their specific legal needs.
- Q. How is the waiting period for SSA benefits calculated if the claimant is self employed? The specific math.
- A: The 5-month waiting period is described in CFR § 404.315. The relevant part of the regulation states that benefits will be payable after you have been disabled for FIVE FULL (emphasis added) consecutive months. This five-month waiting period begins with the first full month in which you were both insured for disability and disabled. In you case it appears that Jul-Aug, Aug-Sep, Sep-Oct, Oct-Nov, Nov-Dec are your five months of waiting period (but spans portions of six months - hence their question), with benefits beginning the month thereafter (Jan). If you were determined disabled and your earnings were below SGA, then your earnings will not have affected your DIB benefits. Your question may also be answered by the relevant POMS DI 10105.001 (the program operations manual), which notes, "A period must be not less than 5 full calendar months duration. For the purpose of this 5-month requirement, a full calendar month includes:[...]The beginning date of an individual's “period of disability” [which] is usually the date of onset of his/her disability." I hope this helps. This answer does not constitute legal advice and no attorney-client privilege exists herein. Individuals are encouraged to seek dedicated local counsel to address their legal concerns.