New Orleans, Louisiana
May 12-15, 2010
Conference Program |
 Marriott New Orleans
|
New Orleans Registration Form [PDF] — Note: There is no online registration. For more information: 1-800-431-2804.
For room reservations at the special NOSSCR rate, call 800-266-9432
(or 506-474-2009) and refer to the NOSSCR conference.
You also can make reservations online at This Special Link.
For the full schedule of upcoming NOSSCR conferences, Click Here
NOSSCR Conference Program
Wednesday, May 12, 2010
11:00am-5:30pm
Conference Registration
1:00pm-2:00pm
Workshops: Choose one from the following.
A. Introduction to Social Security Administrative Practice
This workshop continues at 2:10pm.
Paul Eaglin, Esq.
Gilbert Laden, Esq.
Tracy Tyson Miller, Esq.
These sessions are intended to introduce the advocate to the practice of Social Security disability representation. During the two sessions, the presenters will survey the practice from inception of the claimant-representative relationship at the administrative levels of representation. The sessions will not cover federal court representation. The presenters will discuss selected aspects during the course of representation from inception of the claim through protection of the client’s interest after the initial claims level through the Appeals Council action.
B. SSD and SSI Overpayments Issues
Ann Biddle, Esq.
Barbara Samuels, Esq.
This session will cover overpayment basics and then some: who has the burden of proof and for what? Challenging the fact and/or amount of an overpayment (reconsideration); the waiver standard and its application (creative use of “against equity and good conscience”). As time allows, we will also touch on liability to repay under Title II and XVI, the panoply of available administrative recovery programs, and actions claimants can take to rid themselves of SSA debt.
C. Proving the Chronic Fatigue Syndrome (CFS) Case
Barbara Comerford, Esq.
Steven Gaechter, Esq.
SSR 99-2p has been the basis for evaluating CFS cases since 1999. The presenters will discuss the proofs necessary to satisfy disability criteria under that seminal standard. In addition, they will discuss the recent medical studies published in the journal Science concerning the infectious virus XMRV and the high rate of XMRV infection in CFS patients, as well as strategies for establishing equivalency to Listing 14.08.
Wednesday, May 12, 2010
2:10pm-3:10pm
Workshops: Choose one from the following.
A. Introduction to Social Security Administrative Practice
Continued
Paul Eaglin, Esq.
Gilbert Laden, Esq.
Tracy Tyson Miller, Esq.
This workshop is continued from 1:00 pm.
B. ERISA Long-Term Disability Claims: What Social Security Representatives Need to Know
Eric Buchanan, Esq.
This session will provide an introduction to ERISA LTD claims and will focus on issues that Social Security practitioners need to know so as not to create problems for their client’s LTD claims. This session will discuss the basic procedural and legal rules in ERISA LTD claims. We will also discuss claims by LTD companies to recover “overpayments” of Social Security benefits, and what advice should be given to clients who have both LTD cases and Social Security cases.
C. The Ins and Outs of Indemnity Offset and Medicare Set-Aside Allocation, or “How Do I Pick Up the Pieces and Advise My Client?”
Kathleen Shannon Glancy, Esq.
This program will provide refresher and practice pointers about the Social Security disability offset of workers’ compensation benefits and the Medicare set-aside allocation. Learn to spot these issues and deal with them, before they deal a knock out punch to your client’s benefits.
Wednesday, May 12, 2010
3:20 pm-4:20 pm
Workshops: Choose one from the following.
A. Practical Pointers I
Preparing and Presenting the Case at Hearing
Jeffrey Connors, Esq.
Client Testimony
Chris Cornaghie, Esq.
A Medical Expert at Your Hearing? Don’t Panic!
John Hogan, Esq.
Client Interviews and Benefit Offsets
Lucy Tomberlin, Esq.
How to Get Clients
Lawrence Wittenberg, Esq.
Perspective from the Bench
The Honorable Richard McCully, ALJ
B. Early Onset Alzheimer’s Disease and the Compassionate Allowance Initiative
Leslie Fried, Esq.
Daniel Marson, J.D., Ph. D.
Between five and ten percent of individuals with Alzheimer’s diseases (AD) are diagnosed before they are 65 years old, with some diagnosed as early as their late 30s or 40s.
This session will focus on early onset AD (EOAD) and in particular its vocational impact on patients and families. Dr. Marson will describe incidence and prevalence of EOAD, its diagnosis, and its characteristic cognitive, psychiatric, and functional changes. The devastating impact of EOAD on the capacity to work will be outlined. Dr. Marson will also present a case study for illustrative purposes.
Leslie Fried will discuss the Alzheimer’s Association advocacy efforts to include EOAD and related dementias on the list of the Social Security Administration’s Compassionate Allowance conditions. She will also explain the process and reasons for the Association’s strategy for working with the SSA to improve access to SSDI benefits for the early-onset population.
C. Special Issues at ALJ Hearings
Ann Biddle, Esq.
Barbara Samuels, Esq.
The topics to be discussed include negotiating onset dates, or not; negotiating closed periods, or not; strategies for dealing with the same ALJ following Appeals Council or Court remand. Additionally, if time allows, we will discuss how to deal with some unexpected events that may arise at ALJ hearings.
Wednesday, May 12, 2010
4:30 pm-5:30 pm
Workshops: Choose one from the following.
A. Mock Hearing: Vocational Expert Testimony
Niki Fisher, Esq,
Thomas Krause, Esq.
We will demonstrate vocational expert testimony, both direct and cross-examination. Mock hearing testimony will track actual testimony from at least two hearings. In addition, the presenters will comment on the mock testimony and discuss different strategies for cross-examining vocational experts. This presentation will be geared toward the less experienced practitioner.
B. Functional Capacity Evaluation in Work Rehabilitation: Evidence and Issues
Douglas Gross, Ph.D.
Dr. Gross will review the current evidence regarding the use of functional capacity evaluation (FCE) in occupational rehabilitation and return-to-work decisions making. This will include the predictive value of FCE, factors influencing worker performance during FCE, as well as the development of briefer and less expensive FCE protocols. The session will also include some practical discussion regarding the interpretation and application of FCE results.
C. Learning the ABCs of CDRs (Continuing Disability Reviews)
Kate Callery, Esq.
John Heard, Esq.
Louise Tarantino, Esq.
Don’t know much about Continuing Disability Reviews (CDRs)? We’re going to teach you when SSA can question whether your client’s disability has ended; what SSA must show before terminating benefits; and how you can get an “A” by ensuring that your client continues receiving disability benefits.
Wednesday, May 12, 2010
5:30pm-6:30pm
Focus on Practice: Third Circuit
Focus on Practice: Fifth Circuit
Focus on Practice: Sixth Circuit
Focus on Practice: Seventh Circuit
Focus on Practice: Ninth Circuit
Focus on Practice: Tenth Circuit
6:35pm-7:35pm
Focus on Practice: First Circuit
Focus on Practice: Second Circuit
Focus on Practice: Fourth & DC Circuits
Focus on Practice: Eighth Circuit
Focus on Practice: Eleventh Circuit
Thursday, May 13, 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
Raymond Kelly, Esq., NOSSCR Vice President
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
Lawrence Wittenberg, Esq., NOSSCR President
Steve Birnbaum, Esq., President, Workplace Injury Law & Advocacy Group
9:00 am-9:45 am
The Commissioner’s Perspective
Commissioner Michael Astrue, Commissioner, Social Security Administration
9:45 am-10:15 am
The General Counsel’s Perspective
David Black, General Counsel, Social Security Administration
10:15 am-11:00 am
SSA’s Occupational Information Development Advisory Panel (OIDAP)
Mary Barros-Bailey, Ph.D., Panel Chair
Sylvia Karman, Project Director
SSA Commissioner Astrue established the OIDAP to develop a replacement for the Dictionary of Occupational Titles. The Panel Chair and Project Director will provide a status report.
Thursday, May 13, 2010
11:00 am-11:30 am
The ODAR Perspective
Glenn Sklar, Deputy Commissioner, Office of Disability Adjudication and Review
11:30 am—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, May 13, 2010
1:30pm-3:00pm
Workshops: Choose one from the following.
A. A Neuropsychologist’s Perspective on Brain Atrophy from Chronic Pain
Vann Smith, Ph.D.
Frederick “Rick” Spencer, Esq.
This session will highlight recent findings with regard to the brain as well as recent literature, proving that untreated chronic pain causes the human brain to atrophy at a greatly accelerated rate. You will learn how to screen clients who have severe cognitive dysfunction from any cause that will result in better assisting your clients in receiving the benefits to which they are entitled.
B. Ethical Considerations in Practice before the ODAR
Sarah Humphreys, Director, Representative Conduct and Civil Rights Division, OGC, SSA
Robert Rains, Professor of Law
In this interactive session, we will address some of the recurring, difficult ethical issues confronting Social Security practitioners. We will consider various State Bar rulings, as well as applicable federal law and regulations, regarding practitioners’ conduct in proceedings that are intended to be non-adversarial.
C. Multiple Sclerosis: Diagnosis, Symptoms, Treatment Options, the Listings, and the Role of Fatigue and Other Symptoms
Timothy Cuddigan, Esq.
Mary Filipi, APRN, Ph. D.
This session will include a review of the diagnosis and symptoms of multiple sclerosis and current treatment options. We will discuss case development from initial application to the hearing. This will include strategies for meeting a Listing and the role of fatigue and other symptoms in the presentation of a successful disability claim.
3:00pm-3:15pm BREAK
Thursday, May 13, 2010
3:15pm-4:45pm
Workshops: Choose one from the following.
A. The Lung
Allan Goldstein, MD
This session will deal with the function of the lung. The normal function of the lung will be discussed. How disease affects the lung will be reviewed. Contributions of history and physical examination, chest X-rays, EKG, pulmonary functions and rest and exercise arterial blood gases to the normal and altered lung function will be presented. Examples of various diseases that interfere with normal lung functions will be presented. The relationship between altered lung function and disability/impaired guidelines will then be discussed. At the end of the session, the participant will be able to understand the rationale for tying the legal definition of impairment to the alteration of lung function.
B. I’m OK (GAF 75), You’re OK (GAF 75), and Apparently the State Agency Thinks Our Client is OK (GAF 50) by the GAF
George McAuley, MD
Frank Ury, Esq.
We are seeing the State Agency deny cases based on the GAF when the body of the report states the claimant can’t work. The explanation is that the record conclusions are not consistent with the GAF so the conclusions can be disregarded. We are also seeing the converse: whatever it takes to issue a denial. The presenters will explain what the GAF represents, how the physician is supposed to calculate it, when it should be utilized, and when it should be discounted. This session will include a question and answer discussion with Dr. McAuley about how to handle a case where the GAF appears to be inconsistent with the body of the report.
C. Chronic Pain
Gregory Ball, MD
Eric Buchanan, Esq.
This session will address chronic pain issues and the mechanism by which different anatomic abnormalities cause pain. Dr. Ball will address how clinical exams and findings can be used to best document pain and the limitations caused by pain. This session will focus on how best to address the medical findings that will best support your client’s complaints of disabling pain.
6:30 pm-7:30 pm
President’s Cocktail Reception
Friday, May 14, 2010
7:30am-8:30am
Continental Breakfast
8:30am-9:30am
Workshops: Choose one from the following.
A. Addressing Vocational Testimony at Step Five
Frederick Daley, Esq.
Heather Freeman, Esq.
Should I question the vocational expert’s testimony about his experience and labor market studies? What should I ask? What will the ALJ do? This “practice tips” format session addresses these and other questions about vocational expert testimony on number of jobs available at step five. This session includes professional animated vignettes.
B. Post –Traumatic Stress Disorder (PTSD)—A Primer
Jaeden Roberts, LCSW
Micki Beth Stiller, Esq.
This workshop will focus on practical aspects of recognizing and handling PTSD cases in two contexts. First, for victims of sexual/physical abuse and family violence, where shame often prevents claimants from discussing this history (so it is left out as a diagnosis). Secondly, we will look at the PTSD claims of our veterans and the gender-based differences. We will discuss co-morbidity with other mental impairments such as depression and panic attacks, and how to effectively win PTSD disability claims.
C. Attorney’s Fees for Representation before Social Security—Nuts and Bolts
Charles Hall, Esq.
There is nothing more basic to representing claimants before the Social Security Administration than figuring out how you get paid for doing it.
9:30am-9:45am BREAK
Friday, May 14, 2010
9:45am-10:45am
Workshops: Choose one from the following.
A. Social Security and SSI Disability Issues for Teens and Younger Adults
Linda Landry, Esq.
Thomas Yates, Esq.
Teenagers (ages 14-17) and young adults (ages 18-25) face unique challenges in satisfying the Social Security disability definition. Teenagers are evaluated under the childhood disability standard, which evaluates age appropriate functional limitations at Listings level. Young adults are evaluated under the adult disability criteria, which do not automatically include all factors important to the disability determination. This session will explore similarities and differences in the two standards and provide practice tips for bridging the gaps. The session will also touch on work related benefit issues for teens and young adults.
B. Practical Ethics Issues
Gayle Troutman, Esq.
Steve Troutman, Esq.
In this session, we will discuss several situations that may present ethical issues or potential conflicts of interest for the representative.
C. Hearing Tips for the Advanced Practitioner
Sarah Bohr, Esq.
Charles Martin, Esq.
In this session, experienced appellant attorneys present recurring reasons for hearing denials, many of which are avoidable. They will share their insights gleaned from handling hundreds of appeals on how to strengthen the hearing record, and increase the chances of winning at the hearing, or the appeal, if need be. It will cover what advocates can do before, during, and after the hearing.
10:45am-11:00am BREAK
Friday, May 14, 2010
11:00am-12:00 noon
Workshops: Choose one from the following.
A. Key Social Security Rulings
Sarah Bohr, Esq.
All advocates should have a working familiarity with Social Security Rulings that are cited by both the ALJs and the Appeals Council in their decisions. This session will highlight key Social Security Rulings and will include a discussion of the nine new children’s SSI Rulings issued in 2009.
B. Practical Pointers II
Deposing the Treating Physician
Robert Gutierrez, Esq.
Moving from ERE to Accessing the Electronic File
Karen Morrison
Pros, Cons and Practical Pointers for a VTC Hearing
Debra Shifrin, Esq.
Will Challenging VE Testimony Work or is it a Waste of Time?
Winona Zimberlin, Esq.
C. Special Needs Trusts
David Lillesand, Esq.
This session will address SSA’s clarification and expansion of the opportunities for SSI claimants to become financially eligible for SSI disability benefits in the revised POMS on Special Needs Trusts. The session will provide a summary and practical analysis of the POMS changes.
12:00noon-1:30pm
Lunch (on your own)
Friday, May 14, 2010
1:30pm-2:30pm
Workshops: Choose one from the following.
A. 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 an invaluable step to assessing the ways(s) in which an advocate can assist a veteran with a claim and/or appeal for VA service-connected benefits, as well as be able to analyze the VA’s rationale for denying a veteran’s claim.
B. SSA’s Treating Physician Rules
Thomas Bush, Esq.
This session will address the proper way to evaluate a treating doctor’s report under SSA regulations and Rulings. Among other issues included in this discussion are these knotty problems: 1) When should a report be given controlling weight? Regulations say controlling weight should be given when a doctor’s opinion is “well-supported” (what does this mean?) and “not inconsistent” (meaning?) with other substantial evidence. Isn’t a treating doctor’s opinion that supports a claimant’s case always inconsistent with a state agency doctor’s opinion? 2) Regulations say an opinion on issues reserved to the Commissioner, including an opinion about residual functional capacity, cannot be given controlling weight. Does this mean a doctor’s opinion that a claimant is limited to standing and walking for no more than two hours per day because of lumbar radiculopathy confirmed by EKG cannot be given controlling weight?
C. EAJA Tips for Advanced Practitioners
Charles Martin, Esq.
Eric Schnaufer, Esq.
In this workshop, two experienced litigators will discuss interesting, uncommon, and/or complex issues involving the Equal Access to Justice Act. The issues include who is the proper payee of an EAJA award, i.e., the issue pending before the Supreme Court in Astrue v. Ratliff, and whether a court should consider un-adjudicated issues when determining whether the Commissioner’s opinion was substantially justified, i.e., the issues the Ninth Circuit recently addressed in Hardisty v. Astrue, --F.3d No. 08-35919 (9th Cir. January 25, 2010).
2:30pm-2:45pm BREAK
Friday, May 14, 2010
2:45pm-3:45pm
Workshops: Choose one from the following.
A. The Three Key Elements of a VA Rating Decision and How to Assess Whether the VA Got Each One Correct—and What to Do if It Didn’t
Ted Jarvi, Esq.
In this workshop, Mr. Jarvi will explain the key parts of a VA rating decision on a particular issue, i.e., entitlement to service connection, assignment of the disability rating, and effective date. He will talk about what to look for in the VA’s rating decision and how to analyze the propriety of each decision. Mr. Jarvi’s presentation will include examples of proper responses to both favorable and adverse rating decisions. This workshop will also include review of the appeals process at the local VA Regional Office level.
B. Cross-Examining a Medical Expert: How to Structure Your Questions So the ME Doesn’t Derail Your Case
Neil Good, Esq.
This workshop will cover basic reasons for cross-examining a medical expert (ME), including ways to elicit the information you need and how to obtain favorable admissions from the ME. We will cover some simple techniques of cross-examination, including question structure and order, plus dealing with a witness who refuses to answer a question or who gives long, run-on answers. The workshop will include two sample cross-examinations of medical experts.
C. Do You Hear What I Hear? Effective Communication With Clients Who Have Disabilities
Gilbert Laden, Esq.
Kevin Liebkemann, Esq.
Effective representation requires effective communication, and representatives need to be aware of the special communication needs of their clients with disabilities. This presentation will use the example of clients who have hearing loss to examine what representatives need to do to comply with the communication requirements of anti-discrimination laws and professional rules of conduct. Attend and discover how there are different degrees of hearing loss and many different ways of communication, all compounded by cultural, educational, and socioeconomic factors. This presentation will give you practical advice in how to choose the best methods of communication to meet your client’s needs.
3:45pm-4:00pm BREAK
Friday, May 14, 2010
4:00pm-5:00pm
Workshops: Choose one from the following.
A. Avoiding Malpractice: Understanding When Representation Begins and Keeping Track of Deadlines Vital to a Veteran’s Claim for VA Benefits
Katrina Eagle, Esq.
Ted Jarvi, Esq.
The speakers will discuss the ways an attorney corresponds and communicates with a veteran seeking advice, and how to clearly communicate to the veteran and the VA as to when the attorney’s representation of the veteran’s appeal begins. This workshop will also explain the types of deadlines inherent in the VA claims process and how to avoid missing his or her unknown deadlines in a veteran-client’s case.
B. Preparing for and Pursuing Social Security Disability and LTD Federal Court Appeals
Andrew Margolius, Esq.
Marcia Margolius, Esq.
This workshop summarizes proactive steps to strengthen cases prior to a Federal Court appeal, identifies when a matter should be pursued and includes best practices upon appeal. Basics, as well as universal briefing themes, will be reviewed. Similarities, differences, and coordination of these two areas in a practice will be discussed.
Saturday, May 15, 2010
7:00am-8:00am
Continental Breakfast
8:00am-9:00am
Workshops: Choose one from the following.
A. SSI Work Incentives
Edwin Lopez Soto, Esq.
So, you’ve done your first set of SSI disability cases and now you get a call from one of your recipients asking what happens to his/her benefits should they go to work. 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 what happens to an individual’s Medicaid should their earnings make them ineligible for an SSI cash check.
B. Practical Pointers III
And An Attorney to Be Designated Later
Charles Hall, Esq.
Electronic Administrative Records
Thomas Krause, Esq.
Unemployment Insurance and SSI/SSDI
Kevin Liebkemann, Esq.
Credibility
Ira Mendleson, Esq.
C. Substantial Gainful Activity—It is Not Just a Step One Issue
Gayle Troutman, Esq.
Steve Troutman, Esq.
In this session, we will discuss how to determine if work is SGA, including unsuccessful work attempts and impairment-related work expenses, as well as the effect of SGA on Step Four and the ultimate issue of disability.
Saturday, May 15 2010
9:10am-10:10am
Workshops: Choose one from the Following.
A. SSDI Work Incentives
Edwin Lopez Soto, Esq.
You’ve just spent 3 years assisting an SSDI applicant get his/her benefits. You now get the call asking you what will happen to their SSDI benefit if they return to work. You resist the urge to ask them if they are crazy. Instead, 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, as well as the expedited reinstatement of benefits provision.
B. How to Win a Diabetes Case
Suzanne Villalon-Hinojosa, Esq.
Social Security has proposed new dramatic changes to the endocrine listings for adults and children. The new listings will likely be interpreted as more stringent criteria, particularly for adults. To win a diabetes case, the advocate will have to know how to develop and present the case at hearing.
C. Developments in the Case Law, 2009-2010
Carolyn Kubitschek, Esq.
This workshop will take a look at recent developments in the case law during the last 12 months, focusing primarily on decisions of the Supreme Court and courts of appeals, and secondarily on important decisions of the district courts. The session will identify trends in the case law, issues that have surfaced repeatedly in different circuits, arguments that the government appears to be raising systematically throughout the country, and the latest developments in EAJA.
