Thomas Carter O'Brien

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

Veteran's Benefits

• 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.

Georgia

Since 2004

VA Accredited Attorney

Since 2010

11th Circuit

Since 2005

Court of Appeals for Veterans Claims

Since 2012

President/Attorney-at-Law

O'Brien & Feiler (formerly Feiler & Associates)

2005 - Current

Disability, Veterans, and Health Reimbursement Law

University System of Georgia - Georgia State University

J.D. | Law

1999 - 2004

Fairleigh Dickinson University

MBA | Finance

1996 - 1999

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

1992 - 1996

AV rating

Martindale

2016

AV Rated - Preeminent in the field of Social Security Disability.

Superb Rated Attorney

Avvo.com

2013

National Organization for Social Security Claimant's Representatives

Supporting Member

2005 - Current

Insuring Georgia’s Uninsured Population with the Tools Available Today

Georgia HFMA Scroll, Georgia HFMA, 2010

August 1, 2010

Introduction to Social Security Cases, Legal Aid CLE, Gwinnett County Courthouse

November 1, 2017

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

Q. My ALJ disability claim was denied and my lawyer doesn't file beyond that level. Should I give up, continue on with

9 July 2020

A: That's not an easy question to answer without more details. Further appeals focus more on the application of the law to your case as opposed to "not seeing the facts your way". As such, the quality of the written decision and the way the judge conducted the proceedings are of significance. For this reason, it is tough to give you an answer, but I will say that the next level of appeal (to the Appeals Council) takes just under a year on average, and you have about an 11% chance of securing a remand (where the case is pushed back to the ALJ for corrective proceedings). If the AC denies you, you can then appeal to Circuit Court. I hope that this is at least somewhat helpful, and wish you well.

Q. I was told because I am disabled that I don't have to pay child support is this true

12 February 2019

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.

12 February 2019

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.