NOSSCR Online - Miami Beach Conference & Program

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Wednesday, June 4, 2008

11:00am-5:30pm

Conference Registration

2:00pm-3:00pm

Workshops: Choose one from the following.

A. Don’t Win the Disability Battle but Lose the SSI War: Using Special Needs Trusts to Create SSI Financial Eligibility

David Lillesand, Esq.

A presentation of the SSI financial eligibility rules for income and resources, with emphasis on practical pointers for discovering when, unbeknownst to SSA, a claimant may be unknowingly financial ineligible, and how to fix the problem early in your representation to increase the claimant’s retroactive award.

B. SSI Deeming: Everything You Ought to Know but Haven’t Yet Learned

Raymond Cebula, Esq.

Barbara Samuels, Esq.

This session will cover: how and to whom deeming applies; what non-married couples need to prove to show deeming does not apply; what income or resources are, or are not, subject to deeming; the impact deeming has on benefit eligibility or the amount of a benefit; how living arrangements may affect deeming; when deeming begins and ends.

C. The Essentials of Social Security Disability Law

Jan Kodner, Esq.

Megan Schutzenhofer, Esq.

A focused review of the basics of Social Security disability law and practice.

Wednesday, June 4, 2008

3:05pm-4:05pm

Workshops: Choose one from the following.

A. Administrative Fees

Kirk Roose, Esq.

When we private practitioners take on a case, it is really two cases: getting our client paid, and getting us paid. The second case can sometimes be harder than the first. This session discusses some of the issues and traps. The myth of the 25% fee limit. The box of chocolates from the grateful client. Direct payment of fees. The ideal fee agreement, tiers and tears? Termination and overpayment cases. The individual-representative doctrine. Two representatives. The one-case doctrine. Partially-favorable decisions. Two-application cases. Relationship to court fees including EAJA fees. A quick review of fee law and procedures might be a good investment of your time at NOSSCR.

B. An Update: Prohibition of Title II and SSI Benefits to Fleeing Felons and What Remedies Are Available

Ethel Zelenske, Esq.

The 2004 Social Security Protection Act extended the SSI prohibition on 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.

C. Claimant Contact from A to Z

Jonathan Abbott, Esq.

Harold Cohen, Esq.

Ira Mendleson, Esq.

This session will focus on three principal meetings with your client:

1. Initial office interview

2. Pre-hearing conference

3. The hearing itself

Included in the seminar will be intake information, fee agreement, and HIPAA forms and new 1695 form, most asked questions, developing your theory of the case, developing the medical record, preparation for the hearing, including credibility and familiarizing the claimant with what will happen at the hearing and a description of conduct and strategies at the hearing itself.

Wednesday, June 4, 2008

4:10 pm-5:10 pm

Workshops: Choose one from the following.

A. Overpayments: The Days You Wished You Stayed Home

Raymond Cebula, Esq.

Barbara Samuels, Esq.

This session will cover overpayment basics and then some: burden of proof; challenging the fact and/or the amount of an overpayment (reconsideration); the waiver standard and its application. As time allows, we will also discuss liability to repay under Titles II and XVI, the panoply of available administrative recovery programs and actions claimants can take to rid themselves of SSA debt.

B. Electronic Everything: Social Security Goes Techno

John Heard, Esq.

Charles Martin, Esq.

This workshop is where disability claims get dragged into the electronic age. Make sure you’ve had your coffee, because there is a lot to cover, from filing initial claims on the web to electronic evidence submission, and a lot in between.

C. EAJA Fees in Social Security Cases: The Basics

Eric Buchanan, Esq.

If you are successful in Federal Court in obtaining an award of benefits, or even an order remanding the case for a new hearing, you can also seek fees under the Equal Access to Justice Act (EAJA). EAJA fees are paid by the government and can be used to pay an attorney, even where your client has not won any benefits, or can save your client money by offsetting your fees when the client wins. This session will cover the basic requirements for properly filing a petition for EAJA fees, advice on how to obtain the highest possible fee, and how to respond to some of the Commissioner’s most common arguments.

Wednesday, June 4, 2008

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

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Thursday, June 5, 2008

7:00am-5:00pm

Conference Registration

7:30am-8:45am

Continental Breakfast

8:00am-8:30am

First Timers’ Meeting

If this is your first NOSSCR conference or if you are a new member, you are cordially invited.

8:45am-9:00am

Welcoming Remarks

Beth Alpert, Esq.

NOSSCR President

9:00am-9:45am

The ODAR Perspective

Lisa de Soto, Deputy Commissioner for the Office of Disability Adjudication and Review

Deputy Commissioner de Soto will provide an overview on the current functioning of the hearing offices.

9:45am-10:30am

Pain and Depression—Implications for the Workplace

Paul Buongiorno, MD

In this session, you will learn to understand the complexity of major depression and its comorbid symptoms, the biochemical basis for pain and depression and psychosocial impact of pain and depression.

10:30am—10:45am BREAK

Thursday, June 5, 2008

10:45am—11:15am

Challenges and Opportunities Facing SSA in the Disability Program

Marianna LaCanfora, Assistant Deputy Commissioner for the Office of Disability and Income Security Programs.

Associate Commissioner LaCanfora will discuss the Agency’s efforts to improve online filing and further automate service to claimant representatives, including direct payment. She will also discuss the updates to the medical listings and other changes in the overall process.

11:15am—12:00noon

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.

12:00noon-1:30pm

Lunch (on your own)

Thursday, June 5, 2008

1:30pm-3:00pm

Workshops: Choose one from the following.

A. Chronic Fatigue Syndrome—Unraveling the Mystery

Nancy Klimas, MD

Lyle Lieberman, Esq.

Pursuant to Social Security Ruling 99-2p, Chronic Fatigue Syndrome can be a debilitating and disabling impairment. A nationally renowned clinical immunologist will guide us to a better understanding of the possible causes, treatment modalities, and current clinical research regarding this complicated illness.

B. The Inside Story on Psychometric Testing—Part 1

Ronald Houston, Ph.D.

Making the WAIS, WRAT, WMS, and other acronyms comprehensible and more useful.

This workshop continues at 3:15pm.

C. Winning a Mental Retardation Disability Case: What, Why, and How (There is No Where or When)

Joel Friedman, Esq.

John Goff, Ph. D.

The presentation of disability claims involving alleged mental retardation, and psychological disorders generally, can produce significant anxiety and distress, and that is not even considering your client. Attorneys often are concerned that they do not understand the language, and particularly the math, used to identify many mental conditions. This session will help to explain and clarify what is and is not mental retardation, how to interpret psychometric test results, what to look for in a psychological examination report, and some ideas as to how to present your client’s case. We will review the “Flynn effect,” the meaning and utility of subtest scores, and other factors the lawyer should know. A case illustration will be presented and discussed by Dr. Goff and Mr. Friedman.

3:00pm-3:15pm BREAK

Thursday, June 5, 2008

3:15pm-4:45pm

Workshops: Choose one from the following.

A. The Inside Story on Psychometric Testing—Part 2

Ronald Houston, Ph.D.

Making the WAIS, WRAT, WMS, and other acronyms comprehensible and more useful.

Continued from 1:30 pm

B. Issues in EAJA Law: Advanced Topics

Eric Buchanan, Esq.

Charles Martin, Esq.

Eric Schnaufer, Esq.

Tim Wilborn, Esq.

Going several steps beyond the topics covered in “EAJA Fees in Social Security Cases: The Basics,” this workshop focuses on timeliness, calculation of hourly rates, enhancements (including bad faith), offsets, drafting fee agreements to avoid problems, proving what an attorney is really worth, proving market rates, which services are reasonable and compensable, who should be the payee, and how to get paid after the award.

C. Mightier Than the Sword: A Workshop on Persuasive Legal Writing

Gayle Troutman, Esq.

Steve Troutman, Esq.

The quality of legal writing matters. Whether you are preparing a pre-hearing memo to the ALJ, a letter to the Appeals Council, or a federal court appellate brief, bad writing can cause you to lose an otherwise strong case. Unfortunately most legal writing is pretty bad. Too many briefs are filled with unreadable and inaccurate factual summaries and with illogical legal arguments. They contain lots of generic phrases and pointless discussions that make the reader’s eyes glaze over and accomplish nothing. Of course, the merits of your case have something to do with whether you win. But, a well-written brief will make it easier for the reader to identify the strengths of your arguments and improve your chances.

The purpose of this workshop is to help us all hone our writing skills. We don’t pretend to be perfect writers. But, we will provide a few guidelines for making legal writing clearer and more persuasive. Most importantly we will be challenged to improve our writing skills so we can better persuade the judge to rule in our favor.

6:30 pm-7:30 pm

President’s Cocktail Reception

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Friday, June 6, 2008

7:30am-8:30am

Continental Breakfast

8:30am-9:30am

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 2007? What is the U.S. cite for Sims v. Apfel? 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 tools. Among other topics, the workshop will describe how best to search www.ssa.gov.

B. So You Got Your Client Disability Benefits. Now What About Medicare?

Ellyce Anapolsky, Esq.

Vicki Gottlich, Esq.

This session will discuss the ins and outs of Medicare benefits for people who receive SSDI. Presenters will discuss eligibility for Medicare Parts A, B, C (Medicare Advantage), and D (prescription drugs), enrollment periods, and issues of importance to people with disabilities, including what happens to Medicare if you go back to work and when you turn 65. They will also address issues for people who are dually eligible for Medicare and Medicaid.

C. Ethics and Professionalism: Think You Can Never Get in Trouble for Talking to Others About ALJs? Think again……

Sarah Bohr, Esq.

Shelley Davidson, Esq.

Jan Jacobowitz, Esq., Director, Corporate & Professional Responsibility Program, Center for Ethics and Public Service, University of Miami School of Law

Are there risks inherent in commenting on ALJs on blogs or listserves? What type of comments go too far such that a lawyer could be subject to discipline? Do anonymous postings protect such comments? Come hear about this issue and what the experts are saying about a lawyer’s First Amendment rights. This session will also explore common ethical dilemmas faced by Social Security practitioners such as whether there is a duty to submit adverse evidence and whether you have a duty to notify a tribunal in a pending case if your client returns to work or his or her condition improves.

9:30am-9:45am BREAK

Friday, June 6, 2008

9:45am-10:45am

Workshops:   Choose one from the following.

A. CSI—Vocational Expert Testimony: Conflicts—Solutions—Information

David Ettinger, Esq.

Rebecca Williams, CRC

Discussion of conflicts within the Social Security Regulations and Rulings regarding vocational issues and VE testimony, conflicts with the resources used by VE, conflicts with the VE role in the hearing process, and conflicts with the hypothetical questions. Solutions are presented as to how these issues can be brought to light and work in favor of your claimant. Information and resources regarding transferable skills analysis, occupational data, and worker traits, and the Code(s) of ethics the vocational expert should be following in all areas of expert testimony will be provided.

B. The Interrelationship of Physical and Psychological Impairments—Part 1

Robert Gutierrez, Esq.

John Schosheim, MD

Peter Schosheim, MD

This session will cover the medical and legal issues of how physical and psychological cases are interrelated. We will discuss when and how to develop this type of case, what evidence should be obtained and how to present same in front of the ALJ. The session will also explore the applicable listings, rulings, and regulations, and how these can be used to prove other components of your case.

This workshop continues at 11:00 am

C. Disability Insurance, Workers’ Compensation, Medicare & LTD Benefits: Practical Advice, Examples, and How to Get (and Keep) Clients, In One Hour

Joel Friedman, Esq.

Negligence. Legal malpractice. Duty to clients. Ignorance of the law is no excuse. What does that have to do with representing Social Security claimants? Is this, to borrow from the Bard, much ado about nothing? I think not, and neither will you after learning how to coordinate Social Security and Medicare benefits with workers’ compensation claims, and Social Security with long-term disability benefits.

10:45am-11:00am BREAK

Friday, June 6, 2008

11:00am-12:00noon

Workshops: Choose one from the following.

A. Psychiatric Manifestations of Physical Pain and Their Interrelationships—Part 2

Robert Gutierrez, Esq.

John Schosheim, MD

Eric Schosheim, MD

This workshop is continued from 9:45 am

B. Disability Adjudication at DDS and ODAR or Never the Twain Shall Meet

Maria Duque, Professional Relations Officer, DDS, Miami

Lyle Lieberman, Esq.

The Honorable Catherine Ravinski, Hearing Office Chief ALJ, ODAR, Miami

A DDS Professional Relations Officer and a Hearing Office Chief Administrative Law Judge will present their perspectives on the adjudicatory process at the initial, reconsideration and hearing levels. They will offer suggestions that will enhance your client’s ability to obtain a favorable decision. A lively discussion with the audience is anticipated and expected.

C. How to Use Technology to Expose CE Weaknesses and Mine for Gold in Your Own Treater’s Report

Dorothy Clay Sims, Esq.

This session will teach you how to use free websites, provide you with new ways of thinking to analyze consultative examinations, and find and explain great nuggets of gold in your own reports. Ms. Sims will also discuss how to explain disabilities using government websites. She will describe the use of outsourced doctors for input on your cases.

12:00 noon-1:30pm

Lunch (on your own)

Friday, June 6, 2008

1:30pm-2:30pm

Workshops: Choose one from the following.

A. An Overview of Effective Oral Argument in District Court

David Cortes, Esq.

Lawrence Wittenberg, Esq.

This session will cover issue selection, argument strategies, styles and methods of presentation.

B. Representing Veterans at the VA Administrative Levels

Wade Bosley, Esq.

New legislation permits veterans to hire counsel for a fee for representation before the Veterans Administration. Mr. Bosley will discuss the range of representation, beginning with the initial application through the notice of disagreement, the DRO, hearing/review, statement of the case, and appeals to the Board of Veterans Appeals.

C. Vocational Testing Using Objective, Scientifically Valid Tests and Procedures to Document Function Loss and Disability

Michael Glancy

Stephen Carpenter, M.Ed.

In this workshop, Stephen Carpenter, a licensed rehabilitation counselor and frequent vocational expert, will describe and show a variety of objective, scientifically validated vocational tests widely recognized and utilized by vocational counselors to quantitatively measure a variety of vocational functions such as hand function, strength, and cognitive function.   Scores derived from these tests provide accurate assessments of a client’s abilities that translate to the Dictionary of Occupational Titles’ classification of function--constant, frequent and occasional. This is the best objective evidence to counter the speculative testimony of vocational experts. The presenters will also discuss case studies in which such tests were successfully utilized. The discussion will also include what industries consider an acceptable number of absences from the work station in the course of a work day and the number of acceptable absences from the work place during a week and month.

2:30pm-2:45pm BREAK

Friday, June 6, 2008

2:45pm-3:45pm

Workshops: Choose one from the following.

A. Representing Veterans at the U.S. Court of Appeals for Veterans Claims

Jeffrey Bunten, Esq.

This workshop begins where “Representing Veterans at the VA Administrative Levels” leaves off. Mr. Bunten will discuss the review of Board of Veterans Appeals decisions, appeals to the Court of Appeals for Veterans Claims, briefing/settlement conferences, brief writing, arguments and advocacy, and EAJA fees.

B. Effective Advocacy Before the Appeals Council

The Honorable Barbara Jane Johnson, Administrative Appeals Judge

Practice tips for representatives at the Appeals Council level, including identifying critical issues, preparing a focused brief,and submitting relevant evidence.

C. Through the Looking Glass: A Discussion of Visual Disorders

Patricia McCabe, Esq.

This session will enable participants to understand the revised Listing 2.00 as it applies to visual disorders, and to familiarize themselves with common conditions and medical testing procedures.

3:45pm-4:00pm BREAK

Friday, June 6, 2008

4:00pm-5:00pm

Workshops: Choose one from the following.

A. Representing Veterans as Part of Your Practice

Wade Bosley, Esq.

Jeffrey Bunten, Esq.

The speakers will discuss how Social Security practitioners can expand their disability practices to include veterans’ claims at both the Veterans Administration and the Court of Appeals for Veterans’ Claims. Both speakers routinely represent both Social Security and VA claimants, and will explore the similarities and differences in these practices.

B. Strategies for Successfully Attacking VE Testimony Which Conflicts With the DOT

Sarah Bohr, Esq.

The Third, Seventh, Eighth, Ninth and Tenth Circuits have now issued decisions addressing SSR 00-4p and a vocational expert’s testimony which conflicts with the Dictionary of Occupational Titles (DOT). This caselaw demonstrates how easy it is to obtain remands in cases where you can show that the VE’s testimony, in fact, conflicted with the DOT. It will include a checklist of issues to look for in your cases to establish that such a conflict exists as well as sample arguments to use in your cases.

C. Preparing for the Upcoming Hearing Before the Administrative Law Judge

James Auffant, Esq.

In this session we will cover all necessary preparation for the upcoming hearing including updating all medical records to filing new medical or mental records, photocopying the file, obtaining disc if electronic, advising your client of any possible problems with the case, and working with ODAR.

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Saturday, June 7, 2008

7:00am-8:00am

Continental Breakfast

8:00am-9:00am

Workshops: Choose one from the following.

A. Social Security, SSI, and Family Relationships

Michael Steinberg, Esq.

This session deals with how family relationships effect entitlement to Social Security and SSI benefits. The material will cover adoptions, step-parent and step-child relationships, spousal and widow’s benefits, divorced spouse benefits, child benefits, disabled adult child benefits, paternity actions, and income deeming for SSI computation purposes.

B. The Great Balancing Act: How to Ethically and Vigorously Advocate for Your Client

Erica Lee, Esq.

Wiebke Breuer, Esq.

This session will review ethics rules and rules of professional conduct, focusing on questions raised in the context of representing clients who filed for unemployment and disability, who inaccurately reported earnings (e.g. self-employment earnings under earned income tax credit), who made false statements, and who were under SSA fraud investigation.

C. Focus on the Eleventh Circuit

Saturday, June 7, 2008

9:05am-10:05am

Workshops: Choose one from the Following.

A. Office Management:

-       Personnel and Office Procedures

            Debra Shifrin, Esq.

-       The Balances Between Quality and Volume

            Joseph Rattman, Esq.

-       Automation and the Less-Paper Office and Branch Offices

John Heard, Esq.

-       Office Procedures That Promote Ethics

Kirk Roose, Esq.

B. 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 an ME and a VE will appear at the hearing but the notice did not tell you—what do you say? And more…..

C. Focus on the Tenth Circuit

Loews Miami Beach Hotel

NOSSCR Conference Program