Los Angeles, California
October 15-18, 2008
Conference Program |
 Hyatt Regency Century Plaza
|
Los Angeles Registration Form [PDF] — Note: There is no online registration. For more information: 800-431-2804.
For room reservations at the special NOSSCR rate of $239 (single/double), call 310-228-1234 and refer to group code G-NOSS, or make your reservation at this special NOSSCR web link.
For the full schedule of upcoming NOSSCR conferences, Click Here
NOSSCR Conference Program
Printable Version [Microsoft Word]
Conference Registration
Workshops:
Choose one from the following.
A. Introduction to the
Hearing Process
The Honorable Jacqueline Drucker (Ret.)
Joel Leidner, Esq.
Suzanne Leidner, Esq.
The focus of this session is preparation for the
hearing process. Two attorneys with different approaches will explain them and
a retired Administrative Law Judge will chime in with what she expected from
the bench, as well as tips. This is not
an introduction to Social Security Disability law; the practice aspects are the
focus of the workshop.
B. Everything You Need to Know About Medicare Part D
(Prescription Drug Coverage)
David Lipschutz, Interim
President/CEO,
Kevin Prindiville, Esq.,
This session will cover the basics of the
Medicare Prescription Drug Program known as Medicare Part D. It will describe Part D plans; special rules
for people with disabilities; special rules for people with low incomes; and
the appeals processes.
C. Organizing and Presenting Medical Evidence—A
New Era Approach (A/K/A: Teaching Old Dogs New Tricks)
Rick Gutstadt, Esq.
This presentation will focus on the practical use
of the latest technology, including Adobe Acrobat, Dragon Naturally Speaking,
as well as Social Security’s Electronic Records Express (ERE). In order to maximize this technology, it is
critical to develop an effective Case Management Plan, with anticipated
“decision/action” times, at the very beginning.
This workshop will provide a measured approach
toward the ultimate goal of presenting a winning Pre-Hearing Memorandum. There are no shortcuts, but there are ways to
maximize efficiency, thus minimizing hours and stress.
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.
B. A Ramble in the
Bramble: Selected EAJA Topics for Advanced Practitioners
Charles Martin, Esq.
Think you know it all about the Equal Access to
Justice Act? This workshop will discuss
selected advanced topics, some of which are important and topical, and others that
are just obscure.
C. HIV/AIDS
Disabilities—The New Listings
Sarah Patterson,
Esq.
Ethel Zelenske,
Esq.
This workshop will offer an overview of the
changes to Section 14.08, specifically, the HIV/AIDS categories. There will be
a review of changes in medical treatment for persons with HIV/AIDS, as well as
disability determination strategies, based on those changes in medical
treatment.
Workshops:
Choose one from the following.
A. Writing Circuit
Court Briefs (and Oral Argument)
Mark Caldwell, Esq.
Harvey Sackett, Esq.
Writing a brief for a federal court of appeals
can seem intimidating. Actually, in some
ways, it is easier than writing a district court brief, because you already
know the Commissioner’s arguments and the district court’s disposition of the
issues. This workshop will discuss
various writing styles, addressing questions such as how to make the brief easy
to read, organization of arguments, and citation styles. We will also discuss
writing tactics, such as the “tone” of a brief, addressing anticipated
arguments in the opening brief, and whether and how to write a reply
brief. Lastly, we will address issues
relating to oral argument, such as submitting on the briefs, addressing “hot”
versus “cold” panels, and rebuttal. The
presenters will discuss various approaches to these issues.
B. Drug Addiction
& Alcoholism (DA&A)—Updates and Strategies
Peter H. D. McKee, Esq.
It has been 13 years since SSA promulgated
regulations in 1995 which stigmatized one mental illness - substance abuse - as
a sin to be punished by a denial of disability benefits if it is deemed to play
a “contributing factor material to” determination of a person’s disability. This session will update the current status
of the law and provide effective approaches to representing disabled clients
who are “tainted” by the Scarlet Letters of DA&A.
C. The Happiest
E.L.F.—(Ethical Lawyers/Representatives Forever)
Timothy Tripp, Esq.
This workshop will provide a candid and frank discussion of the day-in and
day-out ethical dilemmas that we all encounter in a place that sometimes feels
like make-believe. I will give guidance
from the ABA Model Rules of Professional Conduct while discussing thorny issues
such as advocacy, gathering and submitting evidence, client preparation,
attorney fees, and other real life dilemmas. Discussing how SSA’s regulatory
obligations interface with ethical requirements will leave you feeling ready to
take on whatever ethical challenges you may face.
Workshops:
Choose one from the following.
A. Practical Aspects of Litigation
Paul Eaglin, Esq.
Eric Schnaufer, Esq.
This is a how-to workshop on the litigation of
disability claims. Among other topics,
the workshop will address initiating a civil action, pre-answer remands under
sentence six of 42 U.S.C. section 405(g), whether to consent to Magistrate
Judge jurisdiction, objection to a Magistrate Judge’s report and
recommendation, and negotiating settlement with Commissioner’s counsel.
B. Perception
and Reality: Identifying Emotional
Reactions to the Claimant with Mental Illness to Maximize Effective Advocacy
Manuel Serpa, Esq.
There are often varied and, at times, conflicting
obligations and responsibilities in representing your clients and this workshop
will address how to best meet them given the additional obstacles presented by
mental illness. The workshop will
discuss how to obtain meaningful information from your interactions with, and
reaction to, your clients that will assist you in understanding the nature of
your client’s mental illness. Informal
categorizations of disorders are set forth in a manner that will provide insight
into the challenges presented. Using
that information, the emphasis is then on practical methods to improve your
management of clients with mental illness and your ability to represent them
effectively. Important focus is on the
recognition of how the mental condition is going to affect a client’s behavior
and limit their ability to work; how that behavior is going to affect others,
including judges; and how they are going to react to the behavior. This workshop will include how to avoid
letting these reactions interfere with the proper consideration of the claim or
with your ability to effectively communicate with the client.
C. Res Judicata, Reopening and Revival: The 3 Rs for Keeping Social Security Cases
Alive (so they can be paid)
Kate Callery, Esq.
Louise Tarantino, Esq.
This workshop will explore the ways in which
SSA’s administrative finality and res
judicata rules can be avoided. We
will discuss reopening strategies and the standards for “good cause” and “new
and material” evidence. The session will
focus on the significance of overcoming finality hurdles so that disability
before the expiration of a “Date Last Insured” (DLI) can be established, and a
longer retroactive period can be paid.
Focus on Practice:
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
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
Conference Registration
Continental Breakfast
First Timers’ Meeting
If this is your first NOSSCR conference or if you
are a new member, you are cordially invited.
Welcoming Remarks
Gary Parvin, Esq.
NOSSCR President
The Commissioner’s Perspective
Michael
J. Astrue, Commissioner of the Social Security Administration
Commissioner
Astrue will present his views and plans for the agency.
The ODAR Perspective
Lisa
deSoto, Deputy Commissioner for the Office of Disability Adjudication and
Review
Deputy Commissioner
deSoto will provide an overview on the current functioning of the hearing
offices, and plans for the future.
10:30am—
10:45am—11:15am
The Honorable Frank
Cristaudo, Chief Administrative Law Judge
Chief
Judge Cristaudo will discuss current operations and initiatives.
11:15am—12:00noon
The Advocate’s
Perspective
Nancy
G. Shor, Executive Director of NOSSCR
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.
12:00noon-1:30pm
Lunch
(on your own)
Workshops: Choose one
from the following.
A. Q&A with ODAR Deputy Commissioner de Soto
Lisa
deSoto, Deputy Commissioner for the Office of Disability Adjudication and
Review
This is your opportunity
to ask questions, present your ideas, and discuss potential improvements in the
process directly with ODAR Deputy Commissioner Lisa
B. Staying on the Right
Side of the Law: Always a Good Thing
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. Meet the Arthritis Family
Joshua Potter, Esq.
Daniel Wallace, MD
Arthritis is not a
single, monolithic diseases state. There
are numerous members of the arthritis family—some are very debilitating and
others merely annoying. The Appendix 1
criteria speak to specific members of the arthritis family. What other disease variants are as limiting
on ADL’s? Learn who the members of the
arthritis family are, what questions to ask your clients, and what questions to
ask the doctors. Burnish your diagnostic
skills so that you “know it when you see it.”
How accurate can you be with only a clinical description?
Workshops:
Choose one from the following.
A.
“Photography is a Mighty Sword”—Disability Claims
Can Be Won With a Photograph
Harvey
Alpern, MD
Peter McKee, Esq.
Joshua Potter, Esq.
Many diseases can be shown by a picture. Can a
picture be worth more than a thousand pages of chart notes? You bet!
How to take them, and what to show, will be discussed by our medical and
legal panel. We will touch not only on
listings for the physical, but also on demonstrating psychiatric illness. We are all part of the digital age whether we
like it or not. Our use of new
technologies is only limited by our imagination, experience and willingness to
see the old. We will provide concrete
examples and Dr. Alpern will tie the images to Appendix 1 and challenge us to
be better medical observers.
B. Long Term and Late
Effects of Cancer Treatment
Patricia Ganz, MD
Patricia McCabe, Esq.
Dr. Ganz will discuss the after effects of chemo
therapy, chemo brain, and various mental and physical residuals which are left
after the cancer is in remission.
C. Navigating the Bone
Yard of Spinal Impairments
R.C. Thompson, MD
This workshop will include
a discussion of spinal structure, disorders, treatment, impairments, and
functional limitations including pain, combined with a brief overview of the
legal implications within the context of Social Security.
President’s Cocktail Reception
Continental Breakfast
Business Meeting (Open to
all NOSSCR members)
Workshops: Choose one
from the following.
A. Accessing
Claimants’ Files On-Line
Sue Brown, eDIB Project
Coordinator, SSA
Cindy Berger, Esq.
John Heard, Esq.
It’s almost here—the ability to access your
client’s electronic folder through a secured website. No more waiting for the hearing office to
send a CD. This functionality is now
being piloted with nine representatives.
John Heard, one of the presenters, is part of this pilot and will update
you on how the functionality is working.
B. A Fascinating
Exploration of the Spine-Part I
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
cause of disorders you see every day in disability claims. Always entertaining
and informative, Dr. Young’s talk will provide a unique understanding of the
spine and the diseases that can result in painful debilitation and disability.
This workshop continues at
C. Administrative Law
Judge Public Alleged Misconduct Complaints System
Frank Cristaudo, Chief Administrative Law Judge, ODAR
Karen
Ames, Director, Division of Quality Services, ODAR
This
session will cover the Social Security Administration’s process for reviewing
and investigating public complaints involving alleged Administrative Law Judge
misconduct in the hearing process. The
speakers will discuss how to file a complaint, how it is investigated, and how
it is resolved. The speakers will also explain the differences between the
Office of the Chief Administrative Law Judge’s function in reviewing complaints
and the Appeals Council’s function in reviewing complaints received in
connection with requests for review.
Workshops: Choose one
from the following.
A. Award Notices: The Nightmare Continues…..
Robert Gutierrez, Esq.
After a favorable decision is issued by the ALJ,
the most important document a representative has to deal with is the
forthcoming Award Notice. Many times the
Notice contains one or more errors.
Other times, neither you nor your client will receive it. This workshop
will continue to identify the most common, and uncommon, errors made by payment
centers when generating Award Notices.
We will focus on solutions on how to correct them, what to do to prevent
errors in the future, and provide some comedy relief along the way to keep us
from crying.
B. A Fascinating
Exploration of the Spine-Part II
Paul Young, MD.
This workshop is continued from
C. Not Lost But Found:
Searching and Finding Legal Authority, Facts and Prior Work Product
Eric Schnaufer, Esq.
Which regulation requires an ALJ to re-contact a
treating source? Which SSR addresses
whether subsidized employment is SGA?
Did the ALJ evaluate Dr. Smith’s report?
Was the claimant prescribed Ultram?
Where is my Appeals Council brief about migraine headaches? This workshop shows how to answer these and
similar questions using Google and other desktop tools to search the Internet, your
local hard drive, and PDF documents.
Workshops: Choose one
from the following.
A. Pain as the Primary Impairment—Moving from the Subjective to
the Objective
Thelma Cohen, Esq.
An experienced Social
Security attorney and Pain Management physician will discuss how to prove pain
as a medically determinable impairment, taking advantage of applicable
regulations, case law, and current medical knowledge. The panel will discuss pain diagnosis and
treatment modalities including blocks, anesthesia, and spinal cord implants,
along with psychological sequelae. Learn
how pain has a discreet medical identity, when it is a separate disease
process, the impact of medications, and tips for winning strategies for clients
with RS, CPRS, and failed back syndrome.
B. Psychological Testing—the Purpose and
Function of Testing Instruments
Patricia McCabe, Esq.
Glenn Griffin, Professor,
This session will help
you understand the purpose of administering psychological tests, the findings
of these tests and how they can be our swords and shields in Social Security
hearings. We will discuss the use of
psychological testing when you do not have a medical advisor at hearings and
the ALJ wants a CE or when you have a client at the DDS and psych testing has
been requested so that we as advocates can suggest testing to the ALJ or to the
DDS analysts which could/would be more appropriate given the medical diagnosis
of the claimant.
C. Getting FIT for Your Hearings
Ed Detlie, Esq.
Thomas Krause, Esq.
The backlog of hearings
is at a record level. One way to provide
better service to your client, reduce the time it takes to receive a favorable
decision, and make sure you have all of the essential information on your case
is to prepare a Findings Integrated Template (FIT) proposed decision. This session will discuss and highlight the
new, streamlined version of the FIT proposed decisions introduced in May 2008. Discussion will focus on using FIT to help
you prepare for the hearing and to expedite the decision.
Lunch (on your own)
Workshops:
Choose one from the following.
A. How to Help Your Veteran-Client Overcome a Denial of VA
Benefits
Ted Jarvi, Esq.
Mr. Jarvi will discuss how to review a veteran’s
claims file folder maintained by the Department of Veterans Affairs. This is an
invaluable step to analyzing the veteran’s denied claim, its merits (or lack
of), and how to proceed in developing and/ or obtaining the evidence needed to
overturn the VA’s denial of VA benefits. Mr. Jarvi’s discussion will also
include a general overview of the VA.
B. Sit-Stand Option: Thoughts from an Attorney/Former VE
Susan Andrews, Esq.
From her perspective
as a former VE and certified rehabilitation counselor, attorney Susan Andrews
will discuss the labor market realities and challenges she encountered when
doing job placement with clients who needed a sit-stand option. She will explore how she has used that
experience, along with Social Security Rulings, information in the Dictionary
of Occupational Titles, and other sources, to cross-examine VEs who assert the
ready availability of the sit-stand option, and to challenge RFC assessments
that lack the required specificity regarding a claimant’s need for a sit-stand
option. At this session, sit-stand
option WILL be available!
C. Defining the Nature and Extent of the
Vocational Consequences of “Mental” Disorders
Joel
Friedman, Esq.
Ronald
Houston, Ph.D.
This
session continues the discussion, started several years ago and apparently
never ending, about the “best” method for proving how psychological and/or psychiatric
conditions are likely to affect a client’s ability to perform basic
work-related social and cognitive functions.
The SSA has, in the past couple of years, eliminated the consideration
of particular aspects of competitive work; omitted definitions of terms used to
define “impairment”; and generally created vagueness and ambiguity. We will discuss options to restore clarity,
identifying which elements of competitive employment should be accounted for
and reviewing the dichotomy between quantitative and qualitative descriptions.
Workshops: Choose one from the following.
A. How to Appeal an Adverse Decision Regarding
Your Client’s Claim for VA Benefits
Katrina Eagle, Esq.
This workshop begins
where “Overcoming a Denial of VA Benefits” leaves off. 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 VA Regional Offices, as well as by the Board of
Veterans’ Appeals, and examples of proper responses thereto. Ms. Eagle’s discussion will also include a
general introduction to representing veterans and their appeals to the U.S.
Court of Appeals for Veterans Claims.
B.
The Commissioner’s (Earnings) Record
Rodney
Melkonoff, Esq.
You
probably thought it was your client’s earnings record, but according to the
Social Security Act, it is the Commissioner’s record, and if we are lucky, he
will share it with us in most cases in the form of one of a variety of computer
printouts written in digital hieroglyphics.
We will try to decipher some of the more useful glyphs and spend some
time talking about how to interpret and even change his record.
C.
Fees: The Agreement and the Petition Processes
For those in private
practice, getting paid permits the doors to stay open. This session explores the pros and cons of
the fee agreement process and the fee petition process. The session discusses the practical and
logistical implications of voluntary and involuntary use of the fee petition
process. The session investigates the
limitations of the fee agreement process.
Multiple representatives from the same and different firms and organizations,
tiering the fee agreements, and other pitfalls animate the discourse.
Workshops:
Choose one from the following.
A. Representing Veterans
as Part of Your Practice
Katrina
Eagle, Esq.
Ted Jarvi,
Esq.
The speakers will discuss how practitioners
currently doing other types of disability law can expand their practices to
include veterans claims at both the Veterans Administration and the U.S. Court
of Appeals for Veterans Claims. Both
speakers will explore the commonalities of these practices. This workshop will also cover how attorneys
can get paid for representing veterans at the local VA regional office level in
compliance with the new VA law and implementing regulations.
B.
Maximizing the Use of the Family Physician
Sally Edwards, Esq.
Mark Totten, MD
William Totten, Esq.
Important for the new
practitioner, and helpful for the experienced practitioner, there will be some
useful hints for development of a good working relationship with family
physicians and general practitioners.
This workshop format will include questions presented to the family
physician to explore the family physician’s approach to the Social Security
disability system; the physician’s insight into the physician’s handling of
forms, inquiries, and medical reports; the physician’s perspective on handling
related issues, ranging from refuting consultative examinations to addressing
end of life issues; and an opportunity for you to present questions to a family
physician in an open-forum format.
C. Social Security, Medicare,
Workers’ Compensation, and ERISA—Coordinating Disability and Medical Benefits
Joel Friedman, Esq.
This
is another in a series of discussions focused on educating the Social Security
benefits practitioner how to recognize issues that, at the least, warrant
recommending that a client obtain independent legal advice.
What
do, and what should, you tell a Social Security disability benefits client when
a long-term disability (LTD) insurance carrier requests a check for the entire
amount of the back benefits adjustment?
What
can you tell Social Security disability benefits clients, with no attorney
representing them in a workers’ compensation case, when the industrial
insurance carrier proposes to compromise and settle disputed issues by a lump
sum payment covering both indemnity (wage loss disability) and medical
benefits?
What
can you tell Social Security disability
benefits clients, with no attorney representing them in a workers’ compensation
case, when their post-employment (COBRA) or spouse’s health insurance carrier
demands reimbursement of covered medical expenses from the settlement of that
work injury claim?
Continental Breakfast
Workshops:
Choose one from the following.
A. SSI Work Incentives
and Benefits Planning
Raymond Cebula, Esq.
Recipients of Supplemental Security Income with
disabilities have many valuable work incentive programs that can assist in
making the transition from recipient to worker.
The vast array of work incentive programs will allow any SSI recipient
to return to work while gradually reducing cash benefits. This session will provide an overview of
these programs that are critical to anyone wishing to move toward greater financial
independence and will highlight the usefulness of proper planning to help
ensure the programs work to provide the best advantage to each recipient.
B. Fraud
Investigations—the CDI, Federal Prosecutions, Civil Penalties, and Videos of
Your Client
David
Camp, Esq.
When the
Office of the Inspector General’s CDI (Cooperative Disability Investigations)
unit gets involved, a disability claim changes substantively and procedurally.
At best, you will need to consider several options for how to protect your
client at the hearing and how to address the CDI report or video. 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. Developments in the Case Law, 2007-2008
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. The workshop will
also include a brief discussion of stare
decisis, including a mention of which decisions constitute binding
precedent and which do not.
Saturday, October 18,
2008
Workshops:
Choose one from the Following.
A. Social Security
Disability Work Incentives and Benefits Planning
Raymond Cebula, Esq.
SSA has implemented many work incentives programs
that will assist Title II beneficiaries in making a successful transition to
work. These work incentive programs can
be of significant benefit to any disabled worker who wishes to attempt to
return to the workforce. Learn how each
program works, interacts with each other, how to troubleshoot during the return
to work process, just how the NEW Ticket to Work can help, and how proper
planning can make a world of difference.
Help debunk the “urban legends” surrounding benefits and work.
B. Brief Writing in
the 21st Century
Ed Detlie, Esq.
Thomas Krause, Esq.
This session will cover everything from
downloading and working with electronic transcripts to adding bookmarks and
links to the Table of Contents to the brief for filing. This session will also include a discussion
of some of the software available to make brief writing more efficient and more
effective—Acrobat (e.g., search and bookmark functions); CaseMap (and use of
spreadsheets generally to organize medical reports); Dragon Natural Speaking;
HotDocs and templates; WordPerfect macros and QuicCorrect; ActiveWords; desktop
search tools; and more.
C. The Title II and SSI Benefits Ban for Fleeing
Felons and Probation/Parole Violators:
Have Your Client’s Benefits Been Wrongfully Denied?
Gerald McIntyre, Esq.
Ethel Zelenske, Esq.
The 2004 Social Security Protection Act extended
the SSI prohibition of payment of benefits to all Title II Beneficiaries
(disability, retirement, dependents, survivors) who are “fleeing felons” 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. This session will address how the changes
have been implemented for Title II; how individuals can take advantage of the
“good cause” exception for both programs that allows continued payment of
benefits; update regulatory, judicial, and policy developments; and provide
practice tips.