NOSSCR Online - St. Louis Conference & Program

Wednesday, October 17, 2007

11:00am-5:30pm

Conference Registration

Workshops: Choose one from the following.

1:00pm-2:00pm

A. What You Really Need to Know About SSD and SSI Work Incentives

Ray Cebula, Esq.

Barbara Samuels, Esq.

Work incentives for disabled recipients are quite different under SSA and SSI, and for dual eligibles the incentives can be doubly confusing. Come to this session and discover the wonderful world of work incentives alphabet soup: TWP, SGA, EPE, EXR; the delights of budgeting SSI earned income; the interplay of SSA and SSI work incentives for dual eligibles, and more.

B. Substantive, Procedural, Logistical and Practical Tips on a Wide Variety of Cases

John Bowman, Esq.

Michael DePree, Esq.

Two very experienced practitioners with a high volume practice will present a broad range of practical approaches to case problems that arise frequently. These include issues of duration, mental retardation and adaptive functioning, amending onset dates, use of witnesses, post hearing development, Medicare/Medicaid coverage, work after onset, and many more.

Wednesday, October 17, 2007

2:05pm-3:05pm

Workshops: Choose one from the following.

A. Social Security Disability and SSI Disability: A Practical Introduction to the Practice

Robert Gutierrez, Esq.

Janna Lowenstein, Esq.

This workshop is an introduction to Social Security law. We will discuss the “Do’s,
”Don’ts” and “How to’s” of a Social Security Law practice. The presentation will cover the five-step sequential evaluation process, the rulings, the regulations, case preparation, development of medical evidence, preparing for a hearing, attendance at a hearing, review of decision, award notices and appeal rights. It will also discuss how to handle children’s SSI claims. The workshop will assist you in choosing what workshops to attend during the NOSSCR conference, according to your level of experience.

This workshop continues at 3:05 pm.

B. Fraud Investigations—the CDI, Federal Prosecutions, Civil Penalties and Videos of Your

Client

David Camp, Esq.

Philip Senturia, Esq.

When the CDI (Cooperative Disability Investigations, a/k/a “the fraud squad”) gets involved in your case, they won’t follow the usual rules. At best, you will need to consider several options for how to protect your client at the hearing. At worst, your client could be prosecuted or assessed civil penalties, sometimes regardless of your success with the ALJ. When the CDI is involved, the stakes are high but many potential problems can be prevented.

C. Practical Responses to Sudden Problems at ALJ Hearings

Ann Biddle, Esq.

Barbara Samuels, Esq.

This is a “What do you say, dear?” session for advocates who need practical responses to problems that suddenly pop up during an administrative hearing. For example, the ALJ decides that your client can speak English and dismisses the interpreter—what do you say? Or, the ALJ asks if you have submitted everything you have, what do you say? Or, the client does not appear at the hearing and the ALJ wishes to dismiss the claim—what do you say? And, the ALJ tells you that a ME and a VE will appear at the hearing but the notice did not tell you—what do you say? And more……..

Wednesday, October 17, 2007

3:10pm-4:10pm

Workshops: Choose one from the following.

A. Social Security Disability and SSI Disability: A Practical Introduction to the Practice

Robert Gutierrez, Esq.

Janna Lowenstein, Esq.

Continued

B. The Do’s and Don’ts of Practicing Before an Administrative Law Judge

Beth Alpert, Esq.

The Honorable Alfred Burton, ODAR, Chicago

This session will focus on what the practitioner should and should not do at hearings. In addition, we will discuss how to handle recurring issues that are raised on appeal, which of these do and do not trigger remands, and how to handle them on remand.

C. Cross-Examination of Vocational Experts—Step 5, Transferability of Skills and Numbers of Jobs

Lawrence Rohlfing, Esq.

Jeff Truthan, MS

This session will focus on the cross-examination on transferability of skills and the numbers of jobs. The session will look at methodologies used by vocational experts to estimate the numbers of jobs and explore different cross-examination techniques. Transferability of skills and numbers of jobs represent the step 5 sequential evaluation process questions where claims are won or lost based upon a thorough understanding of what makes the vocational expert tick and why the vocational expert may just be flat wrong. If you find your cross-examination of vocational experts on numbers of jobs and transferability of skills lacking, this session is a must. If you are looking to strengthen your strategy in cross-examining vocational experts, this session is a must.

Wednesday, October 17, 2007

4:15 pm-5:15 pm

Workshops: Choose one from the following.

A. Representing Claimants with Special Challenges—Practical Tips and Tricks for Working on the Hardest of Cases

David Camp, Esq.

Brigid McNamara, Esq.

Many Social Security attorneys reject potential clients who have no medical documentation of their impairments, or who have significant drug, alcohol or criminal issues. However, if you want to take the plunge and accept such a case, there is hope. There are many practical ways to generate better evidence and solve DAA materiality or fleeing felon problems. It is difficult but possible to start with a homeless client with no medical treatment, still using drugs and wanted for a felony, and yet end up with a victorious client with treatment, transportation, housing, sobriety, and no other barriers to eligibility.

B. Administrative Law Judge Hearings 101 for Beginners—(Know When to Hold’em, Know When to Fold’em, Know When to Walk Away, And Know When to Run!)

Ross Stubblefield, Esq.

The session is geared to those just starting out in Social Security law and want to know the basics on how an Administrative Law Judge hearing is conducted; what to expect, including a discussion as to all the players at the hearings, how to prepare for the hearing; how to handle oneself at the hearing, the different styles of Administrative Law Judges; what Administrative Law Judges want from the representative; how to prepare the client and witnesses; and some do’s and don’ts.

C. SSI Calculations for Dummies

Thomas Bush, Esq.

For many advocates, calculation of SSI monthly benefits amount is a mystery. This session, which is designed for beginners, will present a practical, basic description of SSI calculations. It will address deductions for earned and unearned income, the $20 per month disregard, the one-third reduction, the SSI benefit amount in a concurrent case, the SSI offset, and attorney fees from the SSI part of a concurrent case. This session will provide easy ways to estimate your client’s past-due benefits in a concurrent case and to estimate SSI attorney fees. It will help you answer your client’s questions about the confusing letters SSA sends concerning SSI benefits, attorney fees, and the SSI offset.

Wednesday, October 17, 2007

Focus on Practice:

5:30pm-6:30pm

Focus on Practice: First Circuit

Focus on Practice: Second Circuit

Focus on Practice: Third Circuit

Focus on Practice: Fourth & DC Circuits

Focus on Practice: Eighth Circuit

Focus on Practice: Eleventh Circuit

6:30pm-7:30pm

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

Thursday, October 18, 2007

7:00am-5:00pm

Conference Registration

7:30am-8:45am

Continental Breakfast

8:00am-8:30am

First Timers’ Meeting

8:45am-9:00am

Welcoming Remarks

Beth Alpert, Esq.

NOSSCR President

9:00am-9:45am

The Commissioner’s Perspective

Michael J. Astrue, Commissioner of the Social Security Administration, will present his views and plans for the agency.

9:45am-10:30am

The Social Security Advisory Board’s Perspective

Katherine Thornton, Director of the Social Security Advisory Board, will discuss the role of the Board and some of its recent reports.

10:30—10:45am--Break

10:45am-11: 15am

The Advocate’s Perspective

Nancy G. Shor, Executive Director of NOSSCR, will discuss key current issues and challenges facing practitioners seeking to advocate effectively for their disabled clients. She will provide an administrative and Congressional update.

11:15am –12:00noon

The ODAR Perspective

Lisa de Soto, Deputy Commissioner for the Office of Disability Adjudication and Review, will provide an overview on the current functioning of the hearing offices.

12:00noon-1:30pm

Lunch (on your own)

Thursday, October 18, 2007

1:30pm-3:00pm

Workshops: Choose one from the following.

A. Ethics and Professionalism in Social Security Practice

Davis Duty, Esq.

Rudolph Patterson, Esq.

Robert Rains, Professor of Law

This interactive session will address current ethics and professionalism issues in Social Security practice. Topics will include: minimally competent representation; failure to develop the record; fees for services not performed; duty to perform services after a favorable decision; charging excessive fees for outside services; fee splitting; redacting records; dealing with adverse fact/opinion evidence; and a consideration of judicial ethics.

B. I am Tired and I Hurt—Chronic Fatigue Syndrome and Fibromyalgia

Harvey Alpern, MD

Lawrence Rohlfing, Esq.

Dr. Alpern will discuss the status of Fibromyalgia and Chronic Fatigue Syndrome as medically determinable impairments and how they translate into limitations at steps 3 and 4 of the sequential evaluation process. Dr. Alpern is a medical expert who testifies extensively about these disease processes in the ODARs in the greater Los Angeles area. Come and hear how to turn these hard-to-handle cases into understandable impairments in the Social Security context.

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, October 18, 2007

3:15pm-4:45pm

Workshops: Choose one from the following.

A. Interviewing Clients with Mental Illness

Dennis Fox, Esq.

Laurel Harlan, LCSW

Timothy Harlan, Esq.

James Hurley, Ph. D.

This workshop will discuss the process of interviewing potential clients who are suffering from specific mental illnesses (e.g., schizoaffective disorder). Topics will include how to obtain reliable information from individuals who may not be forthcoming and how to question them in a tactful manner about very delicate subjects.

We will also discuss how to best prepare such clients for delicate questions which could be covered at a hearing. In addition to the attorney perspective, we will present perspectives from a clinical psychologist, vocational expert, and a social worker. They will bring their particular expertise and experience and offer their suggestions on how advocates can effectively deal with their clients and suggest methods and techniques which are helpful to the advocate.

B. Using Social Security Rulings to Brace Up Back Impairments Cases

Kate Callery, Esq.

Louise Tarantino, Esq.

This session includes a brief introduction of Social Security Rulings (SSRs) in general, and focuses on using SSRs in disability claims involving back impairments. We will use a case scenario involving a back impairment case with some additional non-exertional impairments, i.e. obesity and mental impairments. It is designed for advocates with some experience in handling disability claims.

C. Myth Busting—Methods of Debunking Vocational Testimony

Robert Angermeier, Esq.

David Traver, Esq.

We will provide specific strategies to use in cross-examination, post-hearing submissions and post-hearing briefing as a way to make it difficult for the Commissioner to sustain the Step 5 burden.

6:30 pm-7:30 pm

President’s Reception

Friday, October 19, 2007

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. Functional Capacity Evaluations: Art, Science and Pseudoscience

Robert Crowe, Esq.

Tyler Wadsworth, MD

This program will review the medical literature and legal decisions regarding the structure and results of physical functional capacity evaluations. The various protocols will be analyzed by a sports medicine and rehabilitation physician, with a discussion of their reliability and validity, and suggestions for future research.

B. Fees 101

Paul Burkhalter, Esq.

Timothy Tripp, Esq.

This is a bare bones, basic, “how-to” on getting paid after your long battle with SSA on behalf of your disabled client. We will cover the need for SSA’s approval of ANY fee collected; the fee agreement process; and the fee petition process. We will also discuss the need to follow-up with SSA regarding the payment of fees in your client’s case, including the payment of auxiliary beneficiaries. We will have tips on what to do to help effectuate the favorable decision.

C. Eye Disorders and Social Security’s New Listing on Vision Impairments

Susan Andracchi, MD

Michael Glancy

Dr. Andracchi is a board certified opthalmologist with a specialty in neuro-opthalmology who recently rewrote the chapter in the Social Security Practice Guide on vision impairments. She will explain the anatomy and workings of the eye and discuss the new listing—what it contains and what it does not. She will feature a case study of a patient who has herpes of the eye that does not cause visual impairment contemplated in the Listing but which disables her nonetheless. Find out why!

9:30am-9:45am BREAK

Friday, October 19, 2007

9:45am-10:45am

Workshops: Choose one from the following.

A. Looking for the Shiny Apple, or How to Pick a Child’s Winning Disability Case

Francis Buda, MD

Shelley Davidson, Esq.

This program will center on the areas to look for when screening a childhood disability case. It will include a medical review as well as how to use standardized testing in the school system to your client’s advantage. The various Children’s Listings will be reviewed and analyzed to see which approach would be advantageous to the particular child. The terms, “medically meets,” and “medically equals,” will be explained as well as how to understand what “functionally equals” entails. Finally, suggestions for developing the record and obtaining additional information to support the case will be offered.

B. Innovative Approaches to Social Security Advocacy: FIT Templates and Dynamic Case Summaries

H. Edwin Detlie, Esq.

Thomas Krause, Esq.

We will focus on the use of the ODAR FIT templates to obtain favorable decisions faster, and look at two new approaches to organizing and retrieving often used case citations and summaries.

C. Award Notices: It’s Still Not Safe to Go Back in the Water

Robert Gutierrez, Esq.

Lyle Lieberman, Esq.

Next to the favorable decision, the most important document that you receive will be the Notice of Award. Sometimes, you don’t receive it at all. Many times, it is incorrect. This workshop will help you identify the most common, and uncommon, errors that occur. Solutions will be presented which will aid you in protecting the interests of your clients as well as avoiding a potential malpractice claim.

10:45am-11:00am Break

Friday, October 19, 2007

11:00am-12:00noon

Workshops: Choose one from the following.

A. Appeals to Federal District Court: If You Have to Go There, Go There With Vigor!

Stephen Speicher, Esq.

Should you appeal or re-apply? If you appeal, how do you evaluate the merits, go into court, stay in court, address the issues, coordinate an appeal and a new application, respond to the various possible outcomes and get paid for your work? What advice have judges offered? How can you use the remand to the best advantage?

B. Long Term Disability (LTD) Claims—The Basics

Eve Dake, Esq.

This session will outline the types of long term disability claims your clients may have in addition to their Social Security claims, and provide a basic approach to representing your clients with regard to these claims. This session will focus on representation at the administrative level, and will address the following matters: reviewing the claim denial letter; obtaining the claim file; reviewing the applicable policy and/or Summary Plan Description; identifying issues for administrative appeal; obtaining new evidence for use in the administrative appeal; administrative deadlines; attorney fees and expenses; and offsets that affect your client’s benefits and your attorney fees.

C. EAJA Fees: What, When, Where, Why How and To Whom

Philip Senturia, Esq.

The Equal Access to Justice Act (EAJA) is an important tool created by Congress to help the average individual find a lawyer to combat unreasonable actions by the government. This presentation concerns the use of EAJA to obtain fees from the government for representing Social Security and SSI claimants on appeals of administrative actions. In addition to clarifying the rules for when, how and why to seek EAJA fees, the presentation will also address the recent move by the Treasury Department to make all attorney fees payable to the prevailing Plaintiffs in EAJA situations (rather than directly to the attorneys), including examination of the arguments on both sides and the current “state of the fight.”

12:00 noon-1:30pm

Lunch (on your own)

Friday, October 19, 2007

1:30pm-2:30pm

Workshops: Choose one from the following.

A. Rheumatology: All the Other Stuff Besides RA and Lupus

Richard Brasington, MD

Robert Crowe, Esq.

Social Security practitioners all know about rheumatoid arthritis and lupus, the most common autoimmune inflammatory diseases. This program will discuss many of the other diseases treated by rheumatologists, including ankylosing spondylitis, systemic vasculitis, Sjogren’s syndrome, scleroderma, Raynaud’s syndrome, polymyositis, psoriatic arthritis, connective tissue disorders and more.

B. Strategies and Tactics for Successful Federal District Court Appeals

Jonathan Pitts, Esq.

Lawrence Pitts, Esq.

This presentation will focus on laying the practical groundwork and tactics for a successful appeal, and the design and drafting of the Federal District Court Brief.

C. Long Term Disability (LTD) Claims—Advanced Representation

Eve Dake, Esq.

This session will focus on issues that may affect the administrative decision making process, and on providing representation for LTD claims after administrative remedies have been exhausted. The following topics will be discussed: standards of review under ERISA; how understanding these standards will help you prepare better administrative appeals; using Motions for Partial Summary Judgment; and how the standard of review helps you decide which claims to pursue in court. Additional topics include statutes of limitations and attorney fees, representing clients with disability claims under collective bargaining agreements (union plans) and clients with individual policies.

2:30pm-2:45pm BREAK

Friday, October 19, 2007

2:45pm-3:45pm

Workshops: Choose one from the following.

A. Defending the Military Veteran: Representing Veterans with Disabilities at the Veterans Administration

Jeffrey Bunten, Esq.

Many representatives have Social Security and SSI disability clients who incurred some or all of their disabilities while in the service, or at the hands of the VA. Those individuals may or may not be aware of their right to pursue claims before VA for service connected compensation or non-service connected pension payments. Although similar in many ways to Social Security disability law, VA disability law has some strange twists and turns. This session will highlight some of the procedural and substantive issues a veteran’s representative faces in presenting claims at the VA. The session will include tips on how to begin to develop a practice focus in this area.

B. Litigation Strategies in HIV/AIDS Cases

Leslie Kline-Capelle, Esq.

This session will include a detailed discussion of the HIV/AIDS listings, as well as effective methods for development and documentation of the HIV/AIDS disability. Increasingly, ALJs, CEs and MEs conclude that because the anti-retroviral medications are available, HIV/AIDS has become a manageable, controllable disease, like hypertension. In reality, HIV/AIDS individuals continue to experience significantly debilitating side-effects from the medications, and there can be medication-induced heart disease, pancreatitis and other illnesses which themselves may approach listing level. To date, SSA has not finalized its revisions to the HIS/AIDS listings, which were promulgated in 2003. This session will include a discussion of the proposed listing changes, according to the drafted changes published in the Federal Register.

C. Using Acrobat with the Electronic Folder

Charles Martin, Esq.

This session will demonstrate some of the features of Adobe Acrobat which are most useful in working with the electronic folder. Bring your laptop if you can, and follow along. Even if you just watch, you will come away with at least one valuable new feature you never know Acrobat had. The session will be aimed at intermediate Acrobat users but even beginners and advanced users are likely to see something they didn’t know.

3:45pm-4:00pm BREAK

Friday, October 19, 2007

4:00pm-5:00pm

Workshops: Choose one from the following.

A. Drug and/or Alcohol Addiction: Application of the Materiality Standard

Lawrence Rohlfing, Esq.

Lynn Yarger, Esq.

In spite of case law’s refinement of the process over the last decade, reaching the correct decision when drugs and/or alcohol is a consideration requires heightened attention to detail by the adjudicator. Similarly, effective representation requires that the practitioner be aware of a number of finer points that have evolved.

The speakers will discuss materiality and its application (both broad and narrow) to the Sequential Evaluation. Mr. Rohlfing will take a critical look at cases such as Parra and Brown and others in which questionable outcomes resulted, and discuss why the courts’ decisions are “dead wrong.” This discussion will also focus on the varied facets of DAA analysis in the legal paradigm generally.

B. Advanced Administrative Attorney Fee Issues

Thomas Bush, Esq.

This session for experienced practitioners addresses these simple-sounding but surprisingly complicated questions, among others: Which lawyers in your firm should sign the contract and Appointment of Representative forms? What happens if a lawyer who signed the Appointment of Representative form leaves your firm? Is using a two-tiered fee agreement right for your practice? Are administrative appeals of the amount of the fee under the fee agreement process worth the effort and are there pitfalls to avoid? What happens to your fee under the fee agreement process when you successfully appeal a partially favorable decision? If a fee is approved under the fee agreement process for a second application while an earlier application is on appeal, what are the implications for the fee when the earlier application is approved? What happens to the fee if a client moves or a lawyer is fired? This session assumes that attendees have a good general understanding of the fee agreement process and basic rules for using fee petitions.

C. eDib Project

Susan Brown, eDib Project Coordinator, SSA

This session will include a discussion of various methods for submitting evidence on electronic cases: how to submit your paper evidence; how to submit electronic evidence; and the Electronic Records Express. How can the ERE website be used now to help representatives and what will it be a year from now?

Saturday, October 20, 2007

7:00am-8:00am

Continental Breakfast

8:00am-9:00am

Workshops: Choose one from the following.

A. What Social Security Attorneys Need to Know About Workers’ Compensation Benefits: The Federal Offset Provision and More

Max Schott, Esq.

Federal law places a cap on the total number of dollars an individual can receive each month from a combination of workers’ compensation and Social Security disability benefits. In many states, these provisions can potentially impact the amount of legal fees to which the disability attorney is entitled. For this and other reasons, it is essential that disability attorneys open—early-on—a line of direct communication with the attorney who is handling their client’s workers’ compensation matter in order that the best interests of that client are served.

B. Auxiliary Benefits

Robert Rains, Professor of Law

Barbara Silverstone, Esq.

Dependents and survivors of recipients of Title II benefits are entitled to receive auxiliary benefits based on the earnings record of the disabled, retired, or deceased wage earner. Sometimes these relationships are not clear-cut. You are a biological child of a disabled individual, but you have been adopted by someone else who now becomes disabled. Can you get benefits? On whose record? You were conceived after your father died. Are you eligible for survivor’s benefits? You receive DAC benefits, and plan to marry an SSI recipient. Good or bad idea? You have been diligently saving the survivor’s benefits that your daughter receives, only to be told by SSA that, now that she is 18, you must return any saved money to SSA. What to do? When does marriage increase your benefit amount, and when is there a marriage penalty?

This workshop will address the regulations and requirement for obtaining these additional benefits for spouses, divorced spouses, widow(er)s, children, including disabled adult children and parents.

C. Developments in the Case Law, 2006-2007

Carolyn Kubitschek, Esq.

The workshop will take a look at recent developments in the case law during the last 12 months, focusing primarily on the Supreme Court and the courts of appeals, and secondarily on important decisions of the district courts. The session will identify trends in the case law, arguments that the government appears to be raising systematically throughout the country, and what to do about “unpublished” decisions.

Saturday, October 20, 2007

9:05am-10:05am

Workshops: Choose one from the Following.

A. Google and Beyond: Finding Legal and Non-Legal Authority on the Internet

Eric Schnaufer, Esq.

What is the SGA amount for 2005? What is the US Cite for Bowen v. Yuckert? What is the fax number for Appeals Council Branch 27? What happens when there is a subsequent application? Which SSR addresses CFS? Is Dr. Smith a board-certified internist? This workshop will demonstrate how to answer these and similar questions instantly using Google and other search engines. Among other topics, the workshop will describe how best to search www.ssa.gov.

B. Understanding the Earnings Record, Insured Status, and PIA Calculations

Evan Zagoria, Esq.

Proper representation of claimants requires that we understand if they are insured, when insured status might expire, if we can agree to a later onset date, and if not insured, will some work that is not SGA be enough to earn necessary quarters. We will also discuss how benefits are calculated to understand the implications of awards, offsets, and how later onsets can significantly alter benefit rates.

C. Focus on the Tenth Circuit

Hyatt Regency
St. Louis

NOSSCR Conference Program

Hyatt Regency St. Louis

NOSSCR Conference Program

Hyatt Regency
St. Louis