Chicago, Illinois
September 22-25, 2010
Conference Program |
 Chicago Marriott Downtown
|
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Rebate: Registrants who stay at the conference hotel will receive a $35 rebate
on the conference registration for our spring meeting in 2011.
For the full schedule of upcoming NOSSCR conferences, Click Here
NOSSCR Conference Program
Wednesday, September 22, 2010
11:00am-5:30pm
Conference Registration
2:00pm-3:00pm
Workshops: Choose one from the following.
A. The ABCs of Social Security Administrative Practice
Joanna Papazekos, Esq.
Robert Rains, Professor of Law
Feeling befuddled and bemused? This session is geared toward the (relatively) new Social Security advocate. We will address not only the ABCs of Social Security practice, but also the POMS, the HALLEX, SSRs, CDRs, DACs/CDBs, and lots of other fun acronyms. In this basics seminar, the mystery of putting together a solid disability case will be revealed. Step by step analysis will prepare you to present your case. Our main topic, however, will be how to effectively represent your clients at the ALJ level. And, just in case that doesn't always work, how to build the record for judicial review.
This workshop continues at 3:10.
B. Dismissals: A Study of Res Judicata and Administrative Finality
Gayle Troutman, Esq.
Steve Troutman, Esq.
Has an ALJ dismissed your Title II claim without a hearing because of a previous initial denial after the DLI was not appealed? In this class, we will discuss the arguments to attack such res judicata dismissals by the agency. As part of the discussion of res judicata, we will consider the relationship between res judicata, administrative finality, and reopening.
C. Practical Aspects of Appeals Council Practice
George Farris, Appeals Council Analyst
Just what kind of creature is a Hearings and Appeals Analyst in the Office of Appellate Operations? Come see Mr. Farris who will also explain how the species is evolving. After a brief tour through organization and workflow at the Appeals Council for the request for review process, he will cover such topics as extensions of time, status requests, the ombudsman, options for submitting evidence or arguments, and the mysteries of the Appeals Council's Medical Support Staff.
Wednesday, September 22, 2010
3:10pm-4:10m
Workshops: Choose one from the following.
A. The ABCs of Social Security Administrative Practice
Continued
Joanna Papazekos, Esq.
Robert Rains, Professor of Law
This workshop is continued from 2:00 pm.
B. The Future Is Here--Accessing Files Online
Susan Brown, SSA, e-Dib Project Coordinator, Office of Disability Adjudication & Review
John Heard, Esq.
Karie Kilgore, SSA, Executive Lead for Appointed Representative Suite of Services
Debra Shifrin, Esq.
This session will discuss the registration process for accessing your files online and the myriad options you have once you have been authorized for online access.
C. Is a Subsequent Application a Good Idea?
Ann Biddle, Esq.
Barbara Samuels, Esq.
Sometimes it makes sense to advise a client to file a subsequent application after an unfavorable decision, even if the unfavorable decision is being appealed. Action on the subsequent claim may well affect the prior claim, while action on the prior claim may affect the subsequent claim. We will cover the technical rules for filing a subsequent application after an unfavorable decision as well as practical and strategic considerations.
Wednesday, September 22, 2010
4:20 pm-5:20 pm
Workshops: Choose one from the following.
A. SSA's Rules of Conduct and Standards of Responsibility for Representatives
Suzanne Duman, Senior Counsel, Office of General Counsel, Region V, Chicago
Michael Feinstein, Senior Counsel, Office of General Counsel--Region V, Chicago,
This session will present a discussion of the affirmative duties and prohibited actions which govern the relationship between representatives and SSA. We will present an overview of SSA's regulations, and then a discussion of hypothetical situations that may arise in representing claimants and beneficiaries before SSA.
B. Getting It Right, Getting Paid
Thomas Bush, Esq.
This workshop will provide the ABC's of administrative-level fee petitions, including keeping time records, preparing the petition and appealing an ALJ's ruling on a fee petition. It will explain why you have to file a fee petition sometimes when you would prefer to be paid under the fee agreement process and what to do when you have a two-tier fee agreement and you actually want to file a fee petition but SSA appears determined to pay you under the fee agreement process.
C. Health Care Reform and Medicare
Vicki Gottlich, Esq.
The historic health care reform legislation that was signed into law in March made more changes to Medicare than just closing the Prescription Drug Donut Hole and restructuring payments to the private insurance plans that participate in Medicare. This session will discuss other changes to the Medicare program that will affect people who receive Social Security disability benefits who are waiting for a decision, or who are in the Medicare two-year waiting period. It will also discuss needed changes that did not make it into the new law and efforts to incorporate them in future legislation.
Wednesday, September 22, 2010
5:30pm-6:30pm
Focus on Practice: First Circuit
Focus on Practice: Second Circuit
Focus on Practice: Fifth Circuit
Focus on Practice: Fourth & DC Circuits
Focus on Practice: Ninth Circuit
Focus on Practice: Tenth Circuit
6:35pm-7:35pm
Focus on Practice: Third Circuit
Focus on Practice: Sixth Circuit
Focus on Practice: Seventh Circuit
Focus on Practice: Eighth Circuit
Focus on Practice: Eleventh Circuit
Thursday, September 23, 2010
7:00 am-5:00 pm
Conference Registration
7:30 am-8:45 am
Continental Breakfast
8:00 am-8:30 am
First Timers’ Meeting
If this is your first NOSSCR conference or if you are a new member, you are cordially invited.
8:45 am-9:00 am
Welcoming Remarks
Raymond Kelly, Esq., NOSSCR President
Presenting the Eileen P. Sweeney Distinguished Service Award to:
Charles Hall, Esq.
David Traver, Esq.
9:00 am-9:45 am
A Judicial Perspective
The Honorable David F. Hamilton, Seventh Circuit Court of Appeals
Introduced by The Honorable Robert W. Pratt, Southern District of Iowa
9:45 am-10:15 am
A Legislative Perspective
Kathryn Olson, Staff Director
Subcommittee on Social Security, Committee on Ways and Means
U.S. House of Representatives
10:15 am-10:30 am BREAK
10:30 am-11:15 am
The ODAR Perspective
Glenn Sklar, Deputy Commissioner, Office of Disability Adjudication and Review
11:15am—12:00 noon
The Advocate’s Perspective
Nancy G. Shor, Executive Director of NOSSCR
This session will focus on latest developments in the administrative and legislative areas concerning the Social Security disability programs and the practice.
12:00noon-1:30pm LUNCH (on your own)
Thursday, September 23, 2010
1:30pm-3:00pm
Workshops: Choose one from the following.
A. Children's SSI Mental Impairments From a Legal and Medical Perspective
Beth Alpert, Esq.
Sue Lin, MD
Thomas Yates, Esq.
This session will focus on what is required to find a child disabled under a mental impairment and the differences in a legal and medical interpretation of the different mental impairments for children.
B. The Professor and the Practitioner: Perspectives on Common Ethical Issues in Social Security Practice
Robert Jones, Jr., Clinical Professor of Law, Notre Dame Law School
Steven Parkman, Esq.
The presenters, a veteran Social Security disability practitioner and a clinical law professor who supervises students in disability cases, will offer their perspectives on the ethical dimensions of issues that commonly arise in Social Security practice. The topics will include the challenges posed by clients with diminished capacity, the obligation to produce adverse evidence, the discussion whether to appeal an adverse ALJ decision, case load management and attorney fees. Attendees will be invited to join the discussion and share their perspectives.
C. A Physiatrist's Role in Assessing Functional Capacity
David Tashima, MD
This session will cover the diagnosis, evaluation and treatment of various spine disorders. It will focus on assessing functional impact and disability from these disorders.
3:00pm-3:15pm BREAK
Thursday, September 23, 2010
3:15pm-4:45pm
Workshops: Choose one from the following.
A. Multiple Sclerosis
Michael Ko, MD
Multiple sclerosis can be a devastating illness. Dr. Katsamakis will discuss the disease, its possible causes, pathophysiology, and disease-modifying treatments and their efficacy.
B. Cancer, Fatigue, Pain and Disability: The Long-term Disabling Effects of Cancer and Cancer Treatment, and How They Impact Your Client's Disability Claim
Kerry Rodabaugh, MD
Dave Pantos, Esq.
Cancer and cancer treatment can be disabling, but what happens when the treatment is over, the disease is in remission, and your client is up for a continuing disability review? Dr. Kerry Rodabaugh will describe how cancer treatment's long term effects create functional limitations even after the chemotherapy is over. Dave Pantos will apply Dr. Rodabaugh's talk to the Social Security disability claims process.
C. Issue Spotting for Appeals Council Success
Sarah Bohr, Esq.
George Farris, Appeals Council Analyst
Charles Martin, Esq.
Why do arguments made to the ALJ not work at the Appeals Council and what does work? Why should your Appeals Council letter brief not look anything like your hearing brief? Chuck Martin and Sarah Bohr will share their insights regarding what issues work at the Appeals Council and how to most effectively present them for success.
6:30 pm-7:30 pm
President’s Cocktail Reception
Friday, September 24, 2010
7:30am-8:30am
Continental Breakfast
8:00am-8:30am
Business Meeting (Open to all NOSSCR members)
8:30am-9:30am
Workshops: Choose one from the following.
A. Modern Therapeutic Approaches to the Spine
Paul Young, MD
Dr. Young is returning with his cadaver demonstration to present an in-depth review of the anatomy of the spine and the causes of disorders you see every day in disability claims. Dr. Young's talk will provide a unique understanding of the spine and the diseases that can result in painful debilitation and disability.
This session continues at 9:45am.
B. Visual Disability: It is More Than Just What the Eye Can See
Aaron Davidson, MD PC
Shelley Davidson, Esq.
This presentation deals with diseases of the eye and how common everyday disease processes such as diabetes, hypertension, multiple sclerosis, and various autoimmune diseases affect an individual's vision. The presentation will also cover how to document these problems and how to frame hypothetical questions to a vocational expert to maximize the information when presenting the case to the ALJ.
C. Technology to Consider
Photographic Evidence: The Good, the Bad and the Ugly
Peter McKee, Esq.
Joshua Potter, Esq.
This session will provide tools and examples of how photographic evidence can be incorporated into your advocacy. A perfect picture may not be worth a thousand words but at least 999 words.
Credibility in the Age of the Internet
Robert Lowenstein, Esq.
Peter McKee, Esq.
Joshua Potter, Esq.
Meghan Potter, MLS
Social websites and search engines like "dogpile" give our clients a unique opportunity to hang themselves. The rope of opportunity is long enough to break most necks. The internet is a sword and a shield. Learn what every 16 year old knows.
9:30am-9:45am BREAK
Friday, September 24, 2010
9:45am-10:45am
Workshops: Choose one from the following.
A. Modern Therapeutic Approaches to the Spine
Paul Young, MD
This workshop is continued from 8:30 am.
B. Adult Mental Retardation: What It is and What It is Not
Joel Friedman, Esq.
Adult disability claims involving mental retardation are complex, for representatives, mental health experts, and adjudicators. This session will review diagnostic criteria for mental retardation, including measurement of IQ and adaptive functioning standards, and how to define vocational consequences of mental retardation. The presentation will also review actual successful case studies.
C. Ten Tips for Writing Effective Hearing Briefs for the ALJ
Gordon Gates, Esq.
Win more cases by writing a hearing memorandum for the ALJ. This session will persuade you to submit a brief in advance of every hearing, and will offer ten tips for writing a more effective memorandum. Examples of successful hearing briefs will be provided with materials.
10:45am-11:00am BREAK
Friday, September 24, 2010
11:00am-12:00 noon
Workshops: Choose one from the following.
A. Hypothetically Speaking—Vocational Expert Testimony in Social Security Disability (I)
Dale Thomas, MTS
The “bottom line” in a disability case is whether or not the individual can earn SGA. The vocational issues are often the least understood matters for the claimant’s representative. “Hypothetically Speaking” is an in-depth presentation concerning how the Vocational Expert (VE) analyzes the various factors impacting the claimant’s ability to work. Topics discussed include the VE and sequential evaluation process, commonly used vocational resources (e.g. DOT, SOC, COJ, RHAJ, GOE, OOH, etc.), assessing RFC from a VE viewpoint (e.g. function by function, GED, Data/People/Things, less than the full range of sedentary, mental limitations, etc.), skills, transferability, diminishing the unskilled occupational base, numbers of jobs and how they are determined, and how to ask hypotheticals.
“Hypothetically Speaking” will teach you how to think like a VE and therefore how to ask hypotheticals that get a “no jobs” response.
This workshop continues at 1:30pm.
B. Know When to Hold'em; Know When to Fold'em: 10 Challenging Cases that CAN be Won
Diane Griffin, Esq.
Jennifer Taylor, Esq.
We will use 10 case studies to illustrate the proposition that even the most daunting cases can be won. We will use cases involving work after onset/unemployment issues, remote DLIs , lack of medical records, cases where treating physicians are tepid or hostile,12.05 (C) cases, fibromyalgia and other chronic pain cases, and cases where the claimant is young and has only mental impairments (not including 12.05(C)).
C. EAJA Fees: The Poor Man's Key to the Courthouse Door Or Is It a Revolving Door?
Frederick Daley, Esq.
Heather Freeman, Esq.
Learning about the Equal Access to Justice Act is a must for anyone involved in federal court appeals. We will discuss important issues in EAJA petitions and litigation, and related fee issues. The session will include practical tips and entertaining cartoons.
12:00noon-1:30pm Lunch (on your own)
Friday, September 24, 2010
1:30pm-2:30pm
Workshops: Choose one from the following.
A. Hypothetically Speaking—Vocational Expert Testimony in Social Security Disability (II)
Dale Thomas, MTS, Thomas Vocational Consulting
This workshop is continued from 11:00 am.
B. Using Jobs Software Tools--Job Browser Pro, ERI DOT (Economic Research Institute DOT) and O*NET with Vocational Witnesses, Before, During and After ALJ Hearings
Carol Avard, Esq.
Joni Beth Bailey, Esq.
This session will provide practical and effective methods, using software and internet resources, for ALJ hearings when examining the opinions of vocational witnesses on step four and step five sequential evaluation process questions.
C. Here's What You Need to Know: Materials for Teaching the Basics of Social Security Law and Practice
Frank Bloch, Professor of Law, Vanderbilt University School of Law
This session will explore how to teach the basics of Social Security law and practice to the uninitiated--from law students and law clerks to attorneys and paralegals with little or no Social Security experience. What are the key statutory provisions, regulations, and other administrative rules that one needs to know? Which cases are on the "must-read" list? How should certain critical aspects of Social Security practice be presented? The session will begin with a review of portions of course materials I am preparing for online publication next year by West's Law School Exchange, which will be available in two formats (one for classroom course and one for a Social Security clinic). Participants will then have an opportunity to critique the materials and offer suggestions for improvements. The session will conclude with a discussion of how the materials might best be used to teach the basics to novice practitioners in various contexts.
D. OTRs: Win Early and Win Often
Paul Eaglin, Esq.
Gilbert Laden, Esq.
Tracy Tyson Miller, Esq.
A look at why submitting "On the Record" (OTR) decision requests should be a regular step in advocating for your client and how you can effectively turn an OTR request into a favorable decision.
2:30pm-2:45pm BREAK
Friday, September 24, 2010
2:45pm-3:45pm
Workshops: Choose one from the following.
A. Hypothetically Speaking—Vocational Expert Testimony in Social Security Disability (III)
Dale Thomas, MTS, Thomas Vocational Consulting
This workshop continued from 1:30 pm.
B. The Vocational Expert: Friend or Foe?
Stacey Dembo, Esq.
Susan Entenberg, MA
In this session we will discuss how to use a vocational expert's testimony to your advantage and will also suggest strategies that practitioners can use to get the VE to say "no jobs."
C. How Do I Win My Client's Disability Insurance Claim?
Mark DeBofsky, Esq.
This session will cover the differences and similarities between Social Security and private disability, ERISA and non-ERISA claims, pre-suit, litigation procedures, and getting paid.
D. Update on the Title II and SSI Benefits Ban for "Fleeing Felons" and Probation/Parole Violators: Is Your Client Eligible for Benefits That Were Wrongfully Denied? (I)
Gerald McIntyre, Esq.
Ethel Zelenske, Esq.
In 2004, legislation extended the SSI prohibition on payment of benefits to all Title II beneficiaries (disability, retirement, dependents, survivors) who are "fleeing to avoid prosecution" or probation/parole violators. This means that all beneficiaries and claimants can find their eligibility in jeopardy because of a long-forgotten or unknown outstanding warrant. More recently, class action litigation has challenged SSA's policies for suspending or denying benefits. This session will address how the 2004 changes have been implemented for Title II and the unusual interplay of appeals and the "good cause" provisions. We will also discuss the settlement in the nationwide class action, Martinez v. Astrue ("fleeing to avoid prosecution" case) including how to identify the many class members who may be entitled to substantial retroactive relief. In addition, we will review the Second Circuit's decision in Clark v. Astrue, the challenge to SSA's policy on probation/parole violators and will report on efforts to obtain nationwide relief in Clark.
This workshop continues at 4:00 pm.
3:45pm-4:00pm BREAK
Friday, September 24, 2010
4:00pm-5:00pm
Workshops: Choose one from the following.
A. Practical Pointers:
Appealing Partially Favorable Decisions
Thomas Bush, Esq.
After Your Case is Over: Ideas on Formally Closing the File and Sending Your Client a "Close Out" Letter
Tracy Tyson Miller, Esq.
Tips for Representing Claimants at the State Agency Level
Alecia Elston, Esq.
Filing Initial Claims Electronically
Cynthia Berger, Esq.
B. The Art of Screening Cases: Separating the Sheep from the Goats
Vaughn Clauson, Esq.
Lawrence Wittenberg, Esq.
When prospective clients call, what is the best policy or procedure to screen our meritless claims? Or should the representative take on all callers who simply state they are disabled? What are the attorney's/representative's ethical restraints in screening cases? Do we have an obligation to take on the more difficult cases: ones with remote DLJ's, children's cases, the personality-disordered client, the client with "bad" character?
C. Sexual Abuse: Interviewing Clients, Presenting the Case and Making a Record
Dennis Fox, Esq.
Timothy Harlan, Esq.
A significant percentage of clients with mental illness were victims of sexual abuse and now suffer from PTSD. In this session we will focus on how to learn about the condition, interview the client and take a detailed statement regarding his/her psychiatric symptoms. In addition, we will discuss the process of getting the ALJ to recognize the seriousness of the long-term damage caused by abuse suffered many years in the past, even abuse that appears to be "minor." An important part of the discussion will be how to make a solid record for appeal.
D. Update on the Title II and SSI Benefits Ban for "Fleeing Felons" and Probation/Parole Violators: Is Your Client Eligible for Benefits That Were Wrongfully Denied? (II)
Gerald McIntyre, Esq.
Ethel Zelenske, Esq.
This workshop is continued from 3:45 pm.
Saturday, September 15, 2010
7:00am-8:00am
Continental Breakfast
8:00am-9:00am
Workshops: Choose one from the following.
A. Developing a Disability Case on a Budget
Kathryn Prigodich, Esq.
Michael Prigodich, Esq.
This session will introduce beginning advocates to free and low-cost ways of developing the records in Social Security disability claims. We will discuss the use of lay witness testimony; school and pharmacy records; state vocational resources; and many other ways to create a winning case without breaking the bank.
B. How to Lose a Winning Case
Eric Schnaufer, Esq.
Your client is obviously under a "disability" for the purpose of the Social Security Act. This workshop discusses tried-and-true methods for losing the client's winning case, including inadequate record develop, inadequate pre-hearing preparation, failure to challenge adverse expert testimony, failure to submit a post-hearing brief, failure to comment on post-hearing proffer, and a failure to identify material errors to the Appeals Council.
C. Mock Hearing: Transferable Skills
Niki Fisher, Esq.
Thomas Krause, Esq.
We will demonstrate vocational expert testimony, both direct and cross-examination, focusing on the issue of transferable skills. Mock hearing testimony on video will track actual testimony from a hearing. In addition, the presenters will comment on the mock testimony and discuss different strategies for cross-examination vocational experts regarding transferable skills.
This session is continued at 9:10 am.
Saturday, September 25, 2010
9:10am-10:10am
Workshops: Choose one from the Following.
A. Malingering: How to Address Evidence of Malingering
David Camp, Esq.
Some of the most difficult claims are those with evidence of malingering. Some of the most difficult clients are those who may have exaggerated the extent of their limitations. This workshop offers guidance for addressing evidence of malingering and related facts, such as CDI reports, a history of criminal convictions and lack of motivation.
B. Rethinking Cross-Examination: A Primer
Andrew Kinney, Esq.
Social Security claims can be won or lost based on how we approach expert cross-examination. This session will discuss the "real" role of cross-examination, how to adapt your cross-examination to your own style; the techniques to efficiently prepare for cross-examination, the basic categories of cross-examination questions and responses, and how to create authentic openings, closings, and post-hearing arguments to drive your claim home.
C. Mock Hearing: Transferable Skills
Niki Fisher, Esq.
Thomas Krause, Esq.
This session is continued from 8:00 am.