Hotel: Manchester Grand Hyatt
Seattle, WA
October 17, 2012 to October 20, 2012
Full Program: Disability Law Conference
Seattle, Washington
October 17-20, 2012
Our 65th national conference on Social Security law. As always, the NOSSCR conference goal is to enhance practitioners’ skills in providing the highest quality representation for Social Security and SSI applicants.
NOSSCR
Conference
Program
The Westin Seattle - Hotel Links
- Seattle Registration Information [PDF] — Note: There is no online registration.
For more information: 1-800-431-2804. - Seattle Registration Form – Payment by Check [PDF]
- Seattle Registration Form – Payment by Credit Card [PDF]
- For room reservations at the special NOSSCR rate, call 1-800-937-8461 and refer to the NOSSCR conference.
- You also can make reservations online at This Special Link.
NOSSCR Conference Program
Wednesday, October 17, 2012
11:00 am-5:30 pm
Conference Registration
2:00 pm-3:00 pm
Workshops: Choose one from the following.
A. A Beginner's Guide to Social Security Practice, Part I
James Douglas, Esq.
Amy Gilbrough, Esq.
This two-part program will provide an introduction to Social Security law and practice for the novice Social Security representative. Part one will provide an introduction to the definition of disability and the five-step sequential evaluation process. Part two will provide an introduction to the administrative process from initial interview through the Appeals Council review.
This workshop continues at 3:10 pm.
B. How to Represent a Claimant Before the Departmental Appeals Board of the OIG Civil Remedies Division
Jeffrey Diamond, Esq.
What to do if your client, a disability beneficiary, is charged with fraud by the SSA Office of the Inspector General? We will follow a case beginning with SSA’s continuing disability review through the administrative appeals system of the Department of Health and Human Services.
C. An ME's Perspective on Attention Deficit/Hyperactivity Disorder: A Model for Evaluation and Social Security Consultation
Kenneth Asher, Ph.D.
Peter McKee, Esq.
Kenneth Asher, Ph.D. is a practicing Seattle psychologist and frequent medical expert witness called by SSA to testify at disability hearings. This one-hour workshop will present well-regarded practices in evaluation and management of AD/HD, what contemporary medical experts (psychologist, psychiatrists, pediatricians) are likely to follow when called as a medical expert on possible AD/HD disability claims, and how their analyses should be conveyed to decision-makers. The discussion will use AD/HD as an example that may be applied to other mental and behavioral disorders at Social Security disability hearings.
Wednesday, October 17, 2012
3:10 pm-4:10 pm
Workshops: Choose one from the following.
A. The Art of the ALJ Complaint
Ann Biddle, Esq.
Emilia Sicilia, Esq.
There are basically two ways to think about an ALJ Complaint to SSA: (1) as part of a merits-based appeal in an individual claim to the Appeals Council branches or (2) as part of a separate allegation focusing only on ALJ conduct and made to a different component of the ODAR. ALJ conduct may also be raised in federal court. Even before you craft a complaint, you need to identify what kind of behavior to complain about (bias? discrimination? unfair treatment?) and then consider what kind of remedy you seek (new hearing? new ALJ at new hearing? change in ALJ conduct?). This session will cover a variety of strategies for raising ALJ conduct issues effectively and productively.
B. Do's and Don'ts of Appellate Lawyering
The Honorable Susan Graber, U.S. Circuit Judge ,U.S. Court of Appeals for 9th Circuit
The Honorable Robert Pratt, U.S. District Judge, U.S. District Court, Southern District of Iowa
This session will cover tips on how to write an effective brief to the Court of Appeals and how to give a persuasive oral argument. There will be a particular emphasis on the ways in which good lawyers present Social Security cases.
C. A Beginner's Guide to Social Security Practice, Part II
James Douglas, Esq.
Amy Gilbrough, Esq.
This workshop continues from 2:00 pm
Wednesday, October 17, 2012
4:20 pm- pm
Workshops: Choose one from the following.
A. Practical Pointers:
Hang Up the Phone and Follow the Rules!
Ivan Katz, Esq.
In recent years, ODAR has relied increasingly on testimony by experts retained by Social Security who testify by means of the telephone. This session will deal with a review of the relevant cases, provide a discussion of the practical means to object to such testimony, and discuss the impact such objection may have on your client and on your client's claim. A portion of the presentation will deal with ways to handle what happens when you get what you ask for and the Law of Unintended Consequences is applied.
How to Obtain Fees in Cessation Cases
Debra Shifrin, Esq.
We will address the issue of fees when your client has a cessation case. Your client is embroiled in a continuing disability review and you want to help. Which fee mechanism should you utilize? How should you charge for your services?
Filing a Same-Title New Application When a Prior Application is Pending at the Appeals Council
Eric Schnaufer, Esq.
Social Security Ruling 11-1p significantly restricts, but does not prohibit, the filing of a new application when the claimant requested Appeals Council review of an ALJ's decision adjudicating a prior application under the same Title of the Social Security Act. Practical suggestions will be provided on how to request permission to file a same-Title new application, to make that request persuasive, and to monitor the progress of the request at the Appeals Council.
B A View from the Bench: Observations and Suggestion from a Recently Retired ODAR Judge
Peter McKee, Esq.
The Honorable Thomas Robinson, Administrative Law Judge, Retired
This presentation will include suggestions on how to prepare and present a disability case; how to pave the highway to a favorable decision and give the judge clear directions to get there. The presenters will incorporate observations of effective and ineffective methods with the goal of helping representatives make the most persuasive presentations possible.
Wednesday, October 17, 2012
C. Starting Out the Right Way and Finishing Strong-Initial Client Interview and Case Development
Stacy Thompson, Esq.
In this basics seminar, learn how to evaluate your potential client and case through asking the right questions, reviewing documents brought to the initial meeting and laying out your initial theory of the case. Knowing when to take a case, when to avoid or simply when you need to investigate further can save you valuable time and effort in the long run. Once the case is accepted, developing the medical and non-medical evidence is key to any successful outcome. Learn where to look for information, who to ask, and the best approach to your sources of the evidence. Seminar materials will include forms for the initial client interview and case development, as well as a variety of authorizations.
5:40 pm-6:20 pm CIRCUIT ROUNDTABLES
Focus on Practice: Third Circuit
Focus on Practice: Sixth Circuit
Focus on Practice: Seventh Circuit
Focus on Practice: Eighth Circuit
6:20 pm-7:00 pm
Focus on Practice: First Circuit
Focus on Practice: Second Circuit
Focus on Practice: Fifth Circuit
Focus on Practice: Ninth Circuit
Focus on Practice: Tenth Circuit
Focus on Practice: Eleventh Circuit
Thursday, October 18, 2012
7:00 am-5:00 pm
Conference Registration
7:00 am-8:30 am
Continental Breakfast
8:00 am-8:30 am
First Timers’ Meeting
Charles Martin, Esq., NOSSCR Immediate Past-President
Barbara Silverstone, NOSSCR Staff Attorney
If this is your first NOSSCR conference or if you are a new member, you are cordially invited. You will learn more about the conference and about NOSSCR.
8:30 am-9:00 am
Welcoming Remarks
Debra Shifrin, Esq., NOSSCR President
9:00 am-9:45 am
Everything You Wanted to Know about The Social Security Advisory Board, But Didn't Know to Ask
Marsha Katz, Acting Chair (through September 30, 2012) Social Security Advisory Board
9:45 am-10:30 am
Defending Disability Insurance
Kathy Ruffing, Senior Fellow, Center on Budget and Policy Priorities
10:30am-11:00am BREAK--COFFEE WITH THE EXHIBITORS
11:00 am-11:15 am
FOIA in General
David Camp, Esq.
Update on Social Security's responses to pre-hearing FOIA requests for the name of the judge, and the responsive litigation.
11:15 am-12:00 noon
The Advocate's Perspective
Nancy G. Shor, Executive Director, NOSSCR
12:00 noon-1:30 pm LUNCH (on your own)
Thursday, October 18, 2012
1:30 pm-3:00 pm
Workshops: Choose one from the following.
A. An Advocate's Guide to Working with Medical Providers in Child SSI Cases
Bonnie Roswig, Esq.
Ethel Zelenske, Esq.
Obtaining SSI for children is a unique and often times challenging task. Obtaining appropriate and relevant documentation from medical professionals can be key to successfully advocating for your young client. Working with the medical providers, however, can provide its own unique set of issues and challenges. In this session, we will discuss (1) factors and issues to consider when working with medical providers; (2) strategies and techniques for obtaining relevant medical information; and (3) sample tools and documents that will assist in getting necessary information from the medical provider.
B. Who's in One? Tips for Hearing Preparation and Presentation with a Mystery Judge
The Honorable Donna Lefebvre, Franklin, Tennessee
Emma Drozdowski, Esq.
With the recent change in SSA policy, many claimants representatives feel bewildered when preparing a client for a hearing with an unknown judge. This session will provide pointers on effective ways to prepare for a hearing with an unidentified adjudicator. We will cover basic information that a practitioner should know about their client's case prior to entering a hearing room and steps to take in every case to ensure that the case is properly developed before appearing in a hearing. We will offer suggestions for preparing your nervous client for what they may encounter in the hearing room. Finally, we will discuss some additional steps to consider once you've had the hearing and learned the identify of your judge.
Thursday, October 18, 2012
C. Evaluating Your Client's Vocational Case
Dale Thomas, MTS, CRC, CCM, D-AVBE
Prior to the hearing the Vocational Expert (VE) studies the evidence and prepares to testify to what constitutes past relevant work (PRW). Often, limited explanations found in the evidence of how work was actually performed by the claimant, along with the outdated Dictionary of Occupational Titles (DOT,) leave room for considerable VE error on which subsequent testimony may be based. The presentation will address basic vocational issues and how your analysis can help you address these issues in order to reach a “No jobs” response from the VE.
This presentation will help you to prepare the vocational evidence with accuracy in advance of the hearing, thereby putting you in a better position to present accurate vocational evidence. You will:
· Learn how to identify the correct DOT title and number for PRW.
· Be able to verify the correct skill and strength levels of PRW, as generally performed and as performed.
· Know how the Selected Characteristics (SCO), the DOT’s companion volume, classifies worker characteristics.
· Be able to question VE testimony about work that the claimant can perform within the RFC.
Mr. Thomas will demonstrate throughout the presentation how he uses computer software prior to and during the hearing to develop his testimony as a VE.
You will be able to follow along on your laptop with a complimentary trial version of the same software. To obtain your copy of the software for advance loading on your computer contact: www.Skilltran.com and request Job Browser Pro and OccuBrowsefor use at NOSSCR. Alternately visit the Skilltran booth at the conference. Note: Load the software prior to the presentation. Time will not be given for loading the Skilltran products during the presentation.
3:00 pm-3:15 pm BREAK
Thursday, October 18, 2012
3:15 pm- 4:45 pm
Workshops: Choose one from the following.
A. What Do You Mean I Can't Do That?
Lawrence Rohlfing, Esq.
This ethics session will focus on the things that lawyers do to get themselves into trouble. The discussion will tackle the issues of withdrawal and prejudice; disclosure of client confidences; the work product privilege; responsiveness to client demands; drug and alcohol abuse...by lawyers; and preparedness for hearings. Whether it is the state bar or the Office of Inspector General, no one wants a call on a charge of ethics violation. Come and avoid the traps!
B. Calling All Doctors: Developing Medical Evidence
Kate Callery, Esq.
Michael Nazar, M.D.
Louise Tarantino, Esq.
Medical evidence is the sine qua non of any disability case. Without good medical evidence, you've got nihil. This workshop will cover the sources of medical evidence, particularly treating sources and those all important RFC forms. Hear suggestions from an experienced physician on how we can better form our requests for medical evaluations. We will also discuss difficulties with consultative examiners evidence, the value of other source evidence, and how to pry loose evidence with subpoenas, interrogatories, or charm. We will briefly cover development in electronic medical record submission to SSA.
Thursday, October 18, 2012
C. Understanding Transferability of Skills and Creating Worker Trait Profiles
Dale Thomas, MTS, CRC, CCM, D-ABVE
Learn the basic concepts of transferability of skills and be able to conduct your own transferable skills analysis. By doing so, you will be able to determine what occupations your client’s skills transfer to and therefore identify the occupations that your client CAN do. With this information you may be able to develop the evidence that you need to overcome VE testimony regarding your client’s skills that transfer to other work.
By using similar search criteria methods, you can also create a worker trait profile for any client, skilled or not. The profile will help you to identify any unskilled occupations that your client CAN do. With this information you may be able to identify what evidence you need to overcome VE testimony regarding your client’s ability to perform other work.
Mr. Thomas will demonstrate throughout the presentation how he uses software prior to and during the hearing to address both transferability and worker traits.
You will be able to follow along on your laptop with a complimentary trial version of the same software. To obtain your copy of the software for advance loading on your computer contact: www.Skilltran.com and request Job Browser Pro and OccuBrowsefor use at NOSSCR. Alternately visit the Skilltran booth at the conference. Note: Load the software prior to the presentation. Time will not be given for loading the Skilltran products during the presentation.
6:30 pm-7:30 pm
President’s Cocktail Reception
Friday, October 19, 2012
7:30am-8:30am
Continental Breakfast
8:00 am-8:30 am
Business Meeting-Open to all NOSSCR members.
Debra Shifrin, President 2012-2013
8:30am-9:30am
Workshops: Choose one from the following.
A. Killer Ideas and Forms for Mental RFCs
Virginius 'Jinks' Dabney, Esq.
If you are afraid of cross-examining M.D. psychiatrists and Ph.D psychologists who testify as medical experts because you don't know that to ask them that will help your case? Frustrated with dealing with "Mild" "Moderate", "Severe," or "Extreme" behavioral problems? And/or tired of wrestling with how to win your behavioral cases with ambiguous, confusing or unknown work-impacting limitations? This one-hour session is the one you don't want to miss. Mr. Dabney has developed a system which levels the behavioral problems playing field, and can help you to adequately prepare your case before hearing, outline a method for cross-examining a medical expert, and approach the vocational expert finally with a methodology which makes sense and works, and which will help you win those cases you have lost in the past but feel you should have won.
B. Maximizing Fees Before the Social Security Administration
Lawrence Rohlfing, Esq.
The expedited fee process and fee petitions duel it out for the vehicle to pay representative fees. This session focuses on the traps for the unwary in the use of the often preferred expedited fee agreement process for addition or deletion of representatives, splitting fees between representatives, paying the wrong representative, and a plethora of other issues that you may not have thought about but wait for a change to take a bite out of your time.
C. Portrait of a Winning Case
Charles Martin, Esq.
This presentation will disrobe the winning Social Security case. Laid bare, you will appreciate its beauty and simplicity of the essential theory. No frills, but only what you must have to win, including some things you have forgotten. And maybe a few things you never knew.
9:30 am-9:45 am BREAK
Friday, October 19, 2012
9:45 am-10:45 am
Workshops: Choose one from the following.
A. Cessations-Not Necessarily the End of Social Security or SSI Benefits
Beth Alpert, Esq.
Deborah Spector, Esq.
This session will explore and offer suggestions regarding the many different facets of cessations of Social Security disability and SSI benefits. Some of the topics we will cover are medical improvement; resumption of work activity; incarceration and institutionalization; age 18 re-determinations; asset changes for SSI recipients including unearned income; workers' compensation benefits and other instances where a claimant's benefits may be ceased.
B. Mystery ALJ Lawsuit and FOIA
David Camp, Esq.
This session will provide a more detailed update on the status of the litigation surrounding Social Security's responses to pre-hearing FOIA requests for the name of the judge, including an analysis of Social Security's surprising response to such FOIA requests. We will discuss what can and cannot be obtained under a FOIA or Privacy Act request, and share some pointers on how to get the information you need using either statute.
C. A View From the Dark Side
David Ettinger, Nashville, Tennessee
Attorney David Ettinger, who represented claimants for 30 years before becoming a Social Security Administrative Law Judge in 2008, will offer his thoughts and perspectives on Social Security practice as observed from the other side of the bench.
10:45am-11:00am BREAK
Friday, October 19, 2012
11:00am-12:00 noon
Workshops: Choose one from the following.
A. Tenth Circuit Practice
Gayle Troutman, Esq.
Steve Troutman, Esq.
Learn about federal court practice in the Tenth Circuit. The panel will discuss recent significant case law and trends in the Tenth Circuit Courts of Appeals and in the District Courts. The panel will present “how to’s” and tips for litigating in federal court. Even if your practice is limited to administrative levels, you need to know developments and trends in your Circuit.
B. The Three Basic Elements of a Veteran's Service-Connection Claim, and the Kind of Evidence that Will Satisfy Each Element
Katrina Eagle, Esq.
In this workshop, Ms. Eagle will discuss the elements of a veteran's service-connection claim (e.g., in-service event or injury, current medical condition, medical-nexus evidence to relate them). The presentation will include examples of the types of evidence that satisfy each element, and ways to obtain supporting evidence. This is a an invaluable step to assessing the way(s) in which an advocate can assist a veteran with a claim and/or appeal for VA service-connected benefits, as well as analyze the VA's rationale for denying a veteran's claim.
C. Making a Record Using Pre- and Post-Hearing Memoranda
Eric Schnaufer, Esq.
An oral ALJ hearing provides only a limited amount of time to present arguments and to evaluate evidence initially offered at hearing. Given the truncated nature of such a hearing, a representative should routinely submit both pre- and post-hearing memoranda. This workshop presents concrete suggestions on how to draft persuasive pre-and post-hearing memoranda.
12:00noon-1:30pm Lunch (on your own)
Friday, October 19, 2012
1:30pm-2:30pm
Workshops: Choose one from the following.
A. By the Numbers: What Information Does the Government Actually Collect About Jobs, an How It Can Be Used to Cross-Examine VEs
Michael Williamson, Esq.
This presentation will explore government sources of job information, the disconnect between the information being collected and the DOT, and how to effectively cross-examine VEs regarding number of jobs.
B. How to Appeal An Adverse Decision Regarding Your Client's Claim for VA Benefits
Katrina Eagle, Esq.
In this workshop, Ms. Eagle will explain, step by step, how to appeal an adverse decision at each level of the VA's adjudicative process. This workshop will include examples of adverse decisions issued by BA Regional Offices, as well as by the Board of Veterans' Appeals, and examples of proper responses thereto. With VA Rating Decisions issued in a new "Simplified Notification Letter" format, Ms. Eagle will explain how to decipher the VA's reasons for denying a veteran's claim. This workshop will also include a general introduction to representing veterans and their appeals to the U.S. Court of Appeals for Veterans Claims.
C. Eighth Circuit Practice
Timothy Cuddigan, Esq.
Thomas Krause, Esq.
Learn about federal court practice in the Eighth Circuit. The panel will discuss recent significant case law and trends in the Eighth Circuit Courts of Appeals and in the District Courts. The panel will present “how to’s” and tips for litigating in federal court. Even if your practice is limited to administrative levels, you need to know developments and trends in your Circuit.
Friday, October 19, 2012
2:30pm-2:45pm BREAK
2:45pm-3:45pm
Workshops: Choose one from the following.
A. Representing Veterans as Part of Your Practice
Katrina Eagle, Esq.
This workshop will address how practitioners currently doing other types of disability law can expand their practices to include veterans' claims at both the Department of Veterans Affairs (agency level) and the U.S. Court of Appeals for Veterans Claims (Veterans Court). Ms. Eagle will discuss the ways an attorney corresponds and communicates with a veteran seeking advice, as well as explain the types of deadlines inherent in the VA claims process that both the veteran and the advocate must follow. This workshop will also cover how attorneys can get accredited to represent veterans during the agency-level appeals process, and how to earn attorneys fees for representing veterans before both the VA and CAVC.
B. Practical Aspects for Filing Applications Online
Cynthia Berger, Esq.
Timothy Cuddigan, Esq.
John Heard, Esq.
This panel will discuss the practical aspects of filing initial applications online for your clients from your office. Learn to use "best practices" that make the application process smoother for your client, the district office and you. This session will provide practical tips to help your client obtain benefits at the earliest possible date.
C. Ninth Circuit Practice
Mark Caldwell, Esq.
Janna Lowenstein, Esq.
Patricia McCabe, Esq.
Learn about federal court practice in the Ninth Circuit. The panel will discuss recent significant case law and trends in the Ninth Circuit Courts of Appeals and in the District Courts. The panel will present “how to’s” and tips for litigating in federal court. Even if your practice is limited to administrative levels, you need to know developments and trends in your Circuit.
3:45pm-4:00pm BREAK
Friday, October 19, 2012
4:00pm-5:00pm
Workshops: Choose one from the following.
A. Immigration and Social Security: Are You Ready/Prepared?
Matthew Hoffman, Esq.
Mark Zakhvatayev, Esq.
This workshop will familiarize participants with applicable laws dealing with the numerous alien categories that qualify individuals for SSI and SSDI benefits. It will cover aliens granted asylum under section 208 of the INA; aliens whose deportation has been withheld under section 243(h) of INA; aliens who are Cuban or Haitian Entrants under section 501(e) of the Refugee Education Assistance Act of 1980; aliens admitted as refugees under section 207 of the INA; American Indians born outside the U.S. under section 289 of the INA or who are members of federally recognized Indian tribes under section 4(e) of the Indian Self-Determination and Education Assistance Act; aliens lawfully residing in the U.S. who were receiving SSI benefits on August 22, 1996; aliens who are blind or disabled and were lawfully residing in the U.S. on August 22, 1996; aliens admitted to the US as Amerasian immigrants under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988; aliens who are active duty members of the U.S. Armed Forces; honorably discharged veterans of the U.S. Armed Forces; spouses, un-remarried widows/widowers, unmarried dependent children.
B. Representing Homeless Claimants: The SOAR Approach.
Deborah Dennis, National SOAR Project Director, Policy Research Associates, Inc.
SSI/SSDI Outreach, Access and Recovery (SOAR) helps states and communities increase access to SSA disability benefits for people who are homeless or at risk for homlessness and who also have mental illness and/or co-occurring substance use disorders. Funded by the federal Substance Abuse and Mental Health Services Administration (SAMHSA), the SOAR Technical Assistance Center works with local community groups in all 50 states. Since 2006, more than 10,000 persons have been approved for SSI/SSDI using SOAR across 44 states with an average approval rate on initial applications of 71 percent in an average of 101 days. In this session we will discuss the core components of the SOAR approach and ways that claimants' representatives can collaborate with SOAR benefits specialists in their states.
C. Marketing Your Own Uniqueness to Bring in More Clients
James Brown, Esq.
Jim Brown, a national consultant for contingency fee law firms and a former NOSSCR president, will show you how to create a marketing plan that is unique to you, your own personality and your own practice. Jim has conducted workshops throughout the country on this topic as well as going into law firms and helping them create their own individual marketing programs. During this interactive session Jim will ask questions and give great gifts to people who answer correctly. This session will give you ideas your have never thought about to help you get more clients, keep the clients you have happier, and Enjoy Your Practice, Enjoy Your Life.
Saturday, October 20, 2012
7:00am-8:30am
Continental Breakfast
Workshops: Choose one from the following.
8:00am-9:00am
A. Key Social Security Rulings-What You Don't Know Could Hurt Your Clients
Sarah Bohr, Esq.
This session will highlight the most commonly cited Social Security Rulings as well as the newest Rulings issued by SSA. The Rulings complement the regulations and contain a wealth of agency policies regarding the evaluation of disability cases. Learn how the Rulings can help you win cases for your clients.
B. The Inside Story on Psychometric Testing: WAIS-III, WAIS-IV & Beyond--Part I
Ronald Houston, Ph.D.
Representatives will learn to apply findings from the WAIS-III and IV to their Social Security Disability cases to maximize the chances of a favorable decision. Particular emphasis will be on the nonverbal, performance tests which are much more relevant to occupational disability than the verbal subtests. For example, the processing speed construct as measured by timed tests is paramount to Concentration, Persistence, and Pace under the “B” Criteria, “C”-2 Criteria, and a large number of work-related variables on the Mental RFC. The same is true of executive function type subtests such as Block Design which can be useful in assessing a claimant’s ability to carry out tasks and whether they are dependent on the provision of highly structured situational cues and prompts to moderate their performance.
A select number of other topics will also be addressed. The presenter will speak about the recent shift in the pendulum with a significant drop in favorable decisions seen nationwide over the past year, less use of medical experts at the ODAR hearing by ALJs, and attorneys not knowing who the ALJ is before the hearing. All of this points to a new trend where attorneys are now considering hiring their own medical experts. The presenter shares a three-tier model of how to retain and use a medical expert while keeping the expense of an expert at a reasonable level.
Another recent change is SSA prohibiting malingering assessments ordered by the ALJ. Even though DDS no longer will do an MMPI 2 RF, the Court is looking to the medical expert for other ways to examine the claimant’s effort. A brief overview of how the WAIS and Wechsler Memory Scale (WMS) are being used in this regard is mentioned.
Attorneys will also learn the value of Listing 12.07 Somatoform Disorders which is the most overlooked listing and potentially the most critical in chronic pain and fibromyalgia cases. Most common psychiatric diagnoses in the chronic pain and fibromyalgia populations are 12.04 Affective (Major Depression) and 12.06 Anxiety-Related Disorders (Generalized Anxiety Disorders). This configuration is seldom helpful because it keeps the mental impairments separate from the chronic pain. In these cases the attorney needs a DSM-IV diagnosis of Pain Disorder Associated with Both Psychological Factors and General Medical Condition where the psychological factors of depression and pain play a role in the maintenance and exacerbation of pain.
Rarely will the 12.07 meet the “B” Criteria and is not applicable under the “C” Criteria. However it becomes a major issue of “sustainability” and not being able to work an 8-hour day/40-hour work week without interruption from psychologically based symptoms and can be argued well on the Mental RFC. A knowledgeable evaluator using pain measures like the P-3 and Behavioral Health Inventory (BHI) documenting the erosion in adaptive capacity due to the effect of chronic pain on depression and anxiety and vice versa can tip the scale in winning these difficult cases.
The presentation will end with some useful tips concerning the attorneys overuse of 12.05 Mental Retardation which more often than not will be rejected by the ALJ or even if found favorable overturned by SSA audit. The strategy to be introduced is reformulation of the case under 12.02 Organic Mental Disorders and arguing C-2. Discussion will end with a quick bullet point commentary on 12.09 Substance Addiction Disorders and the issue of materiality.
This workshop is continued at 9:10 am.
C. SSDI Work Incentives
Ray Cebula, Esq.
Edwin Lopez-Soto, Esq.
You've just spent 3 years assisting an SSDI applicant to get his benefits. You now get the call asking you what will happen to his SSDI benefit if he returns to work. You schedule an appointment to discuss the implications of work on their SSDI. After this session, you will be able to discuss the trial work period, the extended period of eligibility (EPE), the effect of SGA on the benefits during the EPE and thereafter, the expedited reinstatement of benefits provision and just where your client can obtain detailed, free benefits planning services in his area.
Saturday, October 20, 2012
Workshops: Choose one from the following.
9:10 am-10:10 am
A. Back Pain-The Myths, the Lies and Why the ALJ is Usually Wrong
Eric Brunstrom, Esq.
Stanley Herring, M.D.
Gerard Tarutis, Esq.
Low back pain is one of the most common complaints among adults worldwide, and a problem that routinely improves with little to no medical care. Yet, simultaneously, this problem is reported to be the number one cause of disability in people less than 45 years old, and third most common cause of disability in those over 65. In the United States, the incidence of disabling back pain between 1971 and 1981 increased 168 percent — 14 times that of the population growth. In response, ALJs routinely deny back pain claims based upon malingering, exaggeration, lack of treatment and no identifiable cause. This session will help you learn why all of these reasons are medically incorrect, understand the real biology and psychology of low back pain and provide the questions you need to ask to win your case.
B. The Inside Story on Psychometric Testing: WAIS-III, WAIS-IV & Beyond, Part II
Ronald Houston, Ph.D.
This workshop is continued from 8:00 am.
C. SSI Work Incentives
Ray Cebula, Esq.
Edwin Lopez-Soto, Esq.
So, you’ve built a successful practice and inevitably a call from one of your “former” clients arrives asking what will happen to her benefits if she accepts the job she’s been offered. You wonder what does happen? After this session, you will wonder no more. We will cover the standard SSI budgeting, the earned income disregards and special work incentives available to an SSI recipient, and what happens to an individual’s Medicaid should their earnings make them ineligible for an SSI cash check. You will also learn where detailed, free benefits planning services for your clients can be obtained.