DIRECTOR SPOTLIGHT: Thomas Giordano

Below is a profile with a member of NOSSCR’s Board of Directors, Third Circuit Representative Thomas Giordano.

Thomas J. Giordano, Jr., currently leads the day-to-day operations of Pond Lehocky Giordano and also heads Pond Lehocky Disability, Pond Lehocky’s Social Security disability department. Mr. Giordano is admitted to practice law in Pennsylvania, New Jersey, and Arizona and before the United States District Court for the District of New Jersey and the Northern District of Texas. He earned his undergraduate degree, cum laude, in communications studies from Towson University in Maryland. He received his law degree from Rutgers University School of Law – Camden.

Mr. Giordano currently serves on the Board of Directors of the Philadelphia Trial Lawyers Association, the Pennsylvania Association for Justice, Kids Chance of Pennsylvania, and the Justinian Society of Philadelphia. He has previously served as co-chair of the Social Security Disability section of the Philadelphia Bar Association and as chair of the Social Security Disability Committee of the American Association of Justice.

He is also an active member of the Philadelphia and Pennsylvania Bar Associations.

Mr. Giordano is a past member of the Board of Directors of the Lupus Foundation of America – Philadelphia Tri State Chapter and Epilepsy Foundation of Eastern Pennsylvania.

Following law school, Mr. Giordano was an associate with a large Philadelphia defense firm where he represented self-insured and commercial-insured businesses in a wide variety of industries, as well as third party administrators throughout Pennsylvania. He also served as a legal intern for the Philadelphia District Office of the Equal Employment Opportunity Commission.

Under Mr. Giordano’s leadership, the Social Security department at Pond Lehocky has become a nationwide practice. Beginning in 2010 with only two staff members, Pond Lehocky Disability is continuously growing, with more than 100 Social Security disability specialists nationwide, including attorneys. The department now has secured benefits for over 50,000 people, and Mr. Giordano is honored to represent tens of thousands of disabled individuals in all 50 states.

Mr. Giordano has frequently been invited by the media, disability organizations, and physicians throughout the country to speak about Social Security disability law. Through lectures and seminars, Mr. Giordano educates union members and employees on their rights to Social Security disability benefits. He has been selected to the Super Lawyers® list every year since 2006, an honor only designated to 2.5 percent of Pennsylvania attorneys, and the Best Lawyers®. He was also selected to The National Advocates Top 100 Lawyers, an exclusive, invitation-only organization composed of the top 100 attorneys from each state who serve those in need.

Senators Bob Casey and Mike Braun Urge SSA to Modernize Signature Requirements

As part of NOSSCR’s ongoing government relations advocacy, we have encouraged Senators to take seriously the ongoing significant delays caused by SSA’s insistent reliance on archaic signature requirements. Here, Senators Bob Casey and Mike Braun urge then-acting Commissioner Kilolo Kijakazi to provide answers for why SSA is failing to take the steps necessary to modernize their signature requirements, despite clear guidance that it can and should be done.

See below for their full letter to SSA.

Martin O’Malley Sworn in as Commissioner of Social Security

On Wednesday, December 20, 2023, former Maryland governor Martin O’Malley was sworn in as the new Commissioner of Social Security. You can read the full press release, here. NOSSCR looks forward to working with the new Commissioner and is optimistic about what we can accomplish together.

Join us! Our 2024 Annual Conference is May 8-11

We hope to see you in Nashville! Early bird registration is now open for NOSSCR’s 2024 Annual Conference, held May 8-11.

Here’s a sneak peek of what you can expect in May:

Conference check-in will be available at your convenience. We will be one floor above the lobby. Starting at 8:30 am on Wednesday, we will feature two tracks: one for newer practitioners (Social Security boot camp) and one for the team members of representatives – paralegals, legal assistants, case managers, and office managers. Conference registration includes these sessions, but we will open registration soon for those who want to only attend these one-day tracks.

CLE sessions will start at 2:15 pm Wednesday for all conference attendees, followed by our Circuit Roundtables.

Wednesday night will be a Happy Hour hosted by NextGen and sponsored by Assure & Prevail Case Management for all conference attendees (separate registration, no cost). After that, the Scully Networking & Awards Dinner will be at 7:30 pm (separate registration, $100).

Thursday will start with our general session at 9 am, including updates on the agency and NOSSCR. We will have CLE sessions on Thursday afternoon.

On Friday, we will have CLE sessions all day, culminating in the President’s Reception Friday evening (separate registration, $75). 

On Saturday, we are hosting an Overpayments and Work Incentives Symposium (including three sessions for CLE credit) to discuss the overpayment crisis, which was recently the subject of a Ways and Means hearing and story on 60 Minutes. The Symposium will start at 9 am and conclude by 2:15 pm, followed by a meeting of our Legal Services Committee.

In addition, we will have other opportunities to connect, like the Mentor-Mentee meet-up, PAC reception, and Chapter meetings. 

The cost of registration includes CLE reporting, access to all recorded CLEs after the conference, all-day coffee, breakfast each morning, and lunch on Wednesday, Thursday, and Saturday. On Friday, lunch will be on your own, but we will have local food trucks set up outside to grab a quick bite.  For the latest information on the 2024 Annual Conference, head to our 2024 Annual Conference web page.

For travel planning, try to arrive Tuesday night, May 7, if you will attend either the boot camp or team members’ tracks Wednesday morning. If you plan to start with the normal CLE sessions, you are safe to fly into Nashville Wednesday morning and check into the Omni Wednesday afternoon. Saturday, May 11, is a good departure day, but the later your flight is that day, the longer you can stay for our Overpayments and Work Incentives Symposium.

Don’t wait to reserve your room at the Omni, and to make sure you get our discounted rate, use this link.

NOSSCR is grateful for our annual sponsor, Insurance Branch, and other sponsors and exhibitors, which include Silver Sponsor and Partner Exhibitor Assure & Prevail Case Management, Partner Exhibitor iFive Global and ReleasePoint, The Federal Appeals Firm, DL Marketing, Law Ruler, and more!

NOSSCR Announces Litigation and Overpayment Work Groups

NOSSCR remains committed to improving the Social Security disability process so that our members can better serve those who need their services. To that end, we are excited to announce the formation of two new work groups that will help strategize and implement meaningful solutions to some of the agency’s longstanding issues. The first is our litigation work group. This group is led by NOSSCR’s own Litigation Director, Tom Krause, and includes members George Piemonte, Stephen Sloan, and Karl Osterhout. The second is our overpayment work group, in which we have the great support of several long-standing members including Avi Sacks, Raymond Cebula, Debora Wagner, and Jim Brown. We look forward to sharing substantial developments with all of you as these groups move forward in the new year.

Update on Obsolete Jobs

Tom Krause, Litigation Director

By now, most of us know the DOT was last updated in 1991 and even its author, the Department of Labor, has long abandoned its use. Since at least 2011, SSA has known that some of the jobs identified in the Dictionary of Occupational Titles (DOT) are obsolete. To date, SSA has refused to admit what everyone knows. It looks like SSA is starting to acknowledge the obsolescence of at least six jobs and NOSSCR will continue to push on this issue.

In 2011, a study commissioned by SSA concluded there were at least five jobs identified in the DOT that were obsolete. Trapani and Harkin, Occupational and Medical-Vocational Claims Review Study (2011). A dozen years later, SSA still has not formally conceded any of these jobs are obsolete.

Things may be changing. In March of this year, SSA came out with an updated version of the Vocational Expert Handbook (2023). SSA also released a video to go along with the updated Handbook. The video includes a short demo including cross-examination. The video specifically discusses six jobs:

Vocational Expert (VE) Handbook Update 2023 (video) (Vocational Expert (VE) Handbook Update 2023). Four of these jobs were identified as obsolete by Trapani and Harking. The six jobs are listed below with the DOT description for each job and, where available, with a recent judicial discussion of obsolescence.

Addresser, DOT Code 209.587-010Addresses by hand or typewriter, envelopes, cards, advertising literature, packages, and similar items for mailing.

• This Court, relying on many cases pertaining to this issue, found in Catherine G. v. Comm’r of Soc. Sec., No. 3:20-cv-05741-BAT, 2021 WL 1541178, at *3 (W.D. Wash. Apr. 20, 2021), that the addresser position does not exist in significant numbers. See Skinner v. Berryhill, No. CV 17-3795-PLA, 2018 WL 1631275, at *6 (C.D. Cal. Apr. 2, 2018) (“[I]t is not unreasonable to assume that the occupation of ‘addresser,’ which—as described by the DOT—provides for addressing envelopes by hand or by typewriter, is an occupation that has significantly dwindled in number since 1991 in light of technological advances. That being the case, a reasonable mind would not accept the VE’s testimony that there are over 3,000 such positions in the region of California alone, or even that there are over 10,000 in the national economy.”); Brandie K. A. v. Saul, No. EDCV 19-01017-RAO, 2020 WL 2572461, at *4 (C.D. Cal. May 21, 2020) (“In addition to the Skinner court, other district courts in the Ninth Circuit have found the ‘obsolete’ argument persuasive and found that the ALJ erred in relying on the VE’s job numbers for the addresser position.”) (collecting cases).
• Lucas P. v. Comm’r of Soc. Sec., No. 22-CV-0170-TLF, 2022 WL 5240889, at *3 (W.D. Wash. Oct. 6, 2022)

According to the DOT, an “addresser” is someone who “addresses by hand or typewriter, envelopes, cards, advertising literature, packages, and similar items for mailing. May sort mail.” “Addresser,” U.S. Department of Labor, Dictionary of Occupational Titles (4th ed.1991), www.oalj.dol. gov/public/dot/references/dot02a.htm. It’s hard to believe that, as the vocational expert testified in this case, there are 200,000 people in the United States for whom this is a full-time job. And does anyone use a typewriter any more? Most addressing nowadays is either personal, as when one is sending a Christmas or get-well card, or automated, as in the case of business mailings, including mass mailings of advertisements or magazines. There is no indication that Alaura is capable of performing jobs typically found in automated mailing, such as barcoding, pre-sorting, list management, variable data laser printing, folding, inserting, tabbing, warehousing, and shipping. See Automated Mailing Systems, Inc., www.automailsys.com/.

Alaura v. Colvin, 797 F.3d 503, 508 (7th Cir. 2015)

Tube operator, DOT Code 239.687-014

• Receives and routes messages through pneumatic-tube system

Cutter-and-paster, press clippings, DOT Code 249.587-014

• Tears or cuts out marked articles or advertisements from newspapers and magazines, using knife or scissors. Records name of publication, page and location, date, and name of customer on label, and affixes label to clipping.

 Document preparer, microfilming, DOT Code 249.587-018

• Prepares documents, such as brochures, pamphlets, and catalogs, for microfilming, using paper cutter, photocopying machine, rubber stamps, and other work devices.
• Plaintiff’s argument at step five, then, centers on whether the position of document preparer is obsolete. According to the Dictionary of Occupational Titles (“DICOT”), a worker in this position:
• Prepares documents, such as brochures, pamphlets, and catalogs, for microfilming, using paper cutter, photocopying machine, rubber stamps, and other work devices: Cuts documents into individual pages of standard microfilming size and format when allowed by margin space, using paper cutter or razor knife. Reproduces document pages as necessary to improve clarity or to reduce one or more pages into single page of standard microfilming size, using photocopying machine. Stamps standard symbols on pages or inserts instruction cards between pages of material to notify MICROFILM-CAMERA OPERATOR (business ser.) 976.682-022 of special handling, such as manual repositioning, during microfilming. Prepares cover sheet and document folder for material and index card for company files indicating information, such as firm name and address, product category, and index code, to identify material. Inserts material to be filmed in document folder and files folder for processing according to index code and filming priority schedule.

See Zacharopoulos v. Saul, No. 19-CV-5075, 2021 WL 235630, at *8 (E.D.N.Y. Jan. 25, 2021) (citing DICOT definition for document preparer.)

As the Zacharopoulos court summarized,

• That the technology underlying such a career is rapidly descending into obsolescence can be readily demonstrated: at this writing, a growing number of Americans are unacquainted with “microfilming,” “rubber stamps” and perhaps even “photocopying.” And while microfilm may still service some obscure, niche markets, in the digital economy, its trajectory resembles that of carbon paper and punch cards.

Id., 2021 WL 235630, at *8. With that in mind, an increasing number of courts have recognized the obsolete nature of the document preparer position and remanded for further administrative proceedings where there is no record evidence of other jobs existing in significant numbers that a plaintiff can perform. Id., 2021 WL 235630, at *8-9 (collecting cases); Kiiroja v, Comm’r of Soc. Sec., No. 20-CV-0078 (GRB), 2021 WL 934100, at *1-2 (E.D.N.Y. March 11, 2021) (remanding where only job identified by VE that plaintiff could actually perform was the obsolete document preparer position)⁴; see also Cunningham v. Astrue, 360 F. App’x 606, 615 (6th Cir. 2010) (“While the Social Security Commissioner does take administrative notice of [the DOT] when determining if jobs exist in the national economy, 20 C.F.R. § 404.1566(d)(1), common sense dictates that when such descriptions appear obsolete, a more recent source of information should be consulted. The two relevant descriptions here – document preparer and security camera monitor -strike us as potentially vulnerable for this reason. Without more, however, we cannot adequately review whether these job descriptions were up-to-date and, thus, whether the VE’s testimony was reliable.”); Wood v. Berryhill, No. 3:17-cv-5430 (RJB-BAT), 2017 WL 6419313, at *1 (W.D. Wash. Nov. 17, 2017) ((“[T]he positions of document preparer and nut sorter do not exist in significant numbers in the national economy.”); Czosnowski v. Comm’r, Soc. Sec., No. RDB-13-1467, 2014 WL 1660083, at *4 (D. Maryland, April 23, 2014) (holding that ALJ’s reliance on the VE testimony that document preparer position exists “in significant numbers in the national economy is not, on the current record consisting exclusively of the VE’s reliance on a twenty-year-old [DICOT], supported by substantial evidence.”).

Corey S. v. Comm’r of Soc. Sec., No. 5:20-CV-0678 (ML), 2021 WL 2935917 (N.D.N.Y. July 13, 2021)

Host/Hostess dance hall, DOT Code 349.667-010

• Participates, as social partner, in dancing, dining, drinking, conversation with patrons to increase business of public dancehall.

Surveillance-system monitor, DOT Code 379.367-010

• Monitors premises of public transportation terminals to detect crimes or disturbances, using closed circuit television monitors, and notifies authorities by telephone of need for corrective action.

The video specifically recommends VEs be prepared to explain whether these jobs are still performed in the same way as described in the DOT and, if not, the differences and the number of jobs currently. SSA and the video continue to ignore reality. For example, there are no addresser jobs anymore as described in the DOT because no one addresses envelopes by hand or by typewriter as a full-time job. For example, the addresser job, as currently performed, uses a computer and is generally semi-skilled. SSA pretends the job is still unskilled.

More recently, in September, OHO’s Office of Continuing Education Programs (OCEP) conducted a training. We believe that OHO suggested ALJs should not cite or rely on these jobs. If a VE testifies that such a job is available, again the ALJ should inquire as to whether these jobs are still performed in the same way as described in the DOT and, if not, the differences and the number of jobs currently. (NOSSCR has requested a copy of the training recording and written materials).  

Hopefully, things are changing. We are starting to see Appeals Council remands of ALJ decisions citing these jobs. And NOSSCR continues to advocate for honest, accurate, and reliable vocational determinations. Expect more information on this issue in the next Forum.

Let the People Know: Harnessing Public Attention to Make Systemic Change 

Jennifer Morgan, founder of Impact Disability Law based in Denver, Colorado

As claimants’ representatives, we are all tired of our representation forms going “missing” at SSA field offices, despite having sent them sometimes three, four or five times in a combination of different formats. We are tired of phone calls to field offices ending with the line going dead after being on hold for forty-five minutes or longer. We are tired of our clients’ applications mysteriously disappearing or not being properly forwarded to DDS for review.

We are also all capable of taking action. Here is what I have done, and I hope you will join me.

Unfortunately, we have some especially bad field offices here in Colorado. One office, in Lakewood, is particularly egregious. Applications filed through the Lakewood field office frequently take more than a year to be reviewed. Even after a claimant completes their application, it often takes the Lakewood office many months to begin processing the application so it can be forwarded to DDS. The Lakewood office is nearly impossible to reach by telephone, with wait times regularly measured in hours—and many calls are randomly disconnected after being on hold for significant periods of time.

I started working on a solution to the problem well over a year ago. I reached out to the Field Office Director and they agreed to a monthly call with my office to discuss procedures and protocols. Nothing changed. I elevated our issues to the Regional Communications Director for SSA based in Denver, and again no change. Finally, after seeing how nobody inside of the Agency seemed to care about the gross negligence taking place in Lakewood and the individuals being harmed as a result, I contacted our local news outlets which resulted in press coverage shedding light on the issue in June 2023.

This news piece caught the attention of Congresswoman Brittany Petterson, the U.S. Representative from Colorado’s 7th Congressional district. In July 2023, Congresswoman Petterson authored a letter to acting commissioner Kilolo Kijakazi demanding answers.

Will the Congressional letter result in change? I don’t know, but it is definitely a step in the right direction. If enough of you reading this take the small amount of time that I took to call out the bad actors at SSA and demand action, our chances of seeing progress will improve dramatically.

We are all capable of producing change. Please join me.

Updated Payment Rates for Vocational and Medical Experts

In an effort to arm our members with as much data as possible, NOSSCR submitted a Freedom of Information Act request to obtain the updated payment rates for vocational and medical experts who appear before Social Security. You can review the results of that request below.

Assessment Rate on Direct Payment of Fees to Representatives Remains 6.3% in 2024

SSA has announced that the assessment rate on direct payment of fees to representatives will remain at 6.3 percent for 2024. The Social Security Act requires the agency to annually set the assessment percentage rate at the lesser of 6.3 percent “or the percent necessary to achieve full recovery of the costs we incur to determine and pay representatives’ fees.” SSA claims that “based on the best available data, we have determined that the current rate of 6.3 percent will continue for 2024.” Because SSA supplied no additional data, NOSSCR has submitted a Freedom of Information Act request to uncover this “best available data.” As a reminder, the maximum dollar amount for the assessment for 2024 is $117. You can read the full notice here.

Legislative Spotlight: We Can’t Wait Act

Statistical Updates from Social Security

SSA’s Office of Retirement and Disability Policy has released the following statistical information:

• A monthly snapshot of statistics on Social Security beneficiaries and Supplemental Security Income recipients.
• An annual publication providing statistics on the Social Security population at the local level. It contains tables on benefit type (retirement, survivors, and disability) and beneficiary category (retired and disabled workers, wives and husbands, widow(er)s, and children).
• Monthly tables that provide statistics for federally administered payments and awards under the Supplemental Security Income (SSI) program.
• An annual report describing the SSI program and who receives benefits. It also provides statistics on recipient characteristics, disability and work incentives, applications, awards, and denials.

Thanks to All Our 2023 PAC Contributors

NOSSCR extends our gratitude to all those who have contributed to the NOSSCR PAC in support of our mission in 2023 and beyond.

The Supreme Court Considers Cert Petition Challenging the Legality of the Appointment of SSA’s ALJs (Again)

Tom Krause

The U.S. Supreme Court received some 60 Petitions for Writ of Certiorari in Social Security cases in 2023. The Court dismissed many and summarily rejected others. At least one case of interest is still under consideration. The Supreme Court may decide whether to grant certiorari as early as January 5, 2024.

The U.S. Supreme Court decision in Lucia v. S.E.C., 585 U.S. ––––, 138 S. Ct. 2044, 2050–51(2018) continues to vex SSA and claimants’ representatives. In Lucia, the Supreme Courtheld that ALJs within the SEC are “Officers of the United States” who must be appointed by the President, “Courts of Law” or “Heads of Department” as required by the Appointments Clause. In July 2018, Acting Commissioner Nancy Berryhill issued an order ratifying the appointments of the agency’s ALJs to ensure they were properly appointed pursuant to the Lucia case. See SSR 19-1p. Since then, and because SSA had gone so long without a confirmed Commissioner, the questions regarding the appointment of SSA’s ALJs continue.

Brian Dahle challenged the authority of Acting Commissioner Berryhill to ratify the appointments of SSA’s ALJs. The Federal Vacancies Reform Act of 1998, 5 U.S.C. §§ 3345 et seq. (FVRA) grants the President limited power to appoint acting officers to fill vacant non-inferior offices temporarily without first needing to obtain Senate approval. The FVRA states that “the President (and only the President) may direct” persons to be acting officers. The FVRA then authorizes the acting officer to serve for no longer than 210 days or “once a first or second nomination is submitted [for the vacant office],” while “the nomination is pending in the Senate.” That is, whether the nomination of Commissioner Saul, occurring more than 210 days after Deputy Commissioner Berryhill became the Acting Commissioner, triggered a “spring-back” provision effectively sanctioning the ratification of SSA’s ALJs. The District Court sided with the Plaintiff and the Commissioner appealed. See Brian T. D. v. Kijakazi, 580 F. Supp. 3d 615 (D. Minn. 2022), rev’d and remanded sub nom. Dahle v. Kijakazi, 62 F.4th 424 (8th Cir. 2023).

On appeal, the Eighth Circuit held that the FVRA authorizes an individual who has ceased serving as Acting Commissioner after 210 days to begin serving again when a nomination is sent to the Senate. Alternatively, the Acting Commissioner was “directed” to serve by President Obama in a Succession Order and, thus, was properly serving as Acting Commissioner when she ratified the appointment of the SSA ALJs, including the one who issued the decision in this case. See Dahle v. Kijakazi, 62 F.4th 424, 427 (8th Cir. 2023). The Eighth Circuit denied rehearing by the panel and rehearing en banc.  

On August 22, 2023, Mr. Dahle petitioned for a writ of certiorari. The questions presented are:

1. Whether the time limit on acting service imposed by 5 U.S.C. § 3346(a) is best understood as a 210-day grant of time and a tolling provision that extends the grant only if the President submits a nomination before the grant expires, as supported by this Court’s description of § 3346(a) in NLRB v. SW General, Inc., 588 U.S. 288, 296 (2017); and

• Whether the presidential-direction mandate is best read to require the President’s affirmative approval of any acting officer who is appointed during the President’s administration.

The Court requested SSA file a response, a move indicating the Court has some interest in the issues presented. The Court will consider the petition for cert in January 2024. See Dahle v. Kijakazi, No. 23-173 (Aug. 22, 2023).

The Fourth Circuit reached a similar conclusion as the Eighth Circuit in Rush v. Kijakazi, 65 F.4th 114 (4th Cir. 2023). In Rush, the Court again requested SSA file a response to the petition for cert. That response is due in January 2024. See Rush v. Kijakazi, No. 23-243 (Sept. 8, 2023).

The Fifth Circuit heard oral argument on this issue in November 2023. No decision has been issued. See Seago v. Kijakazi, No. 23-40001 (argued Nov. 6, 2023).

If successful, as with the Lucia litigation, numerous ALJs will be without jurisdiction to hear claims. One unanswered question is why SSA has not acted to ensure ratification of the ALJs’ appointments. For example, Acting Commissioner Kilolo Kijazazi could have ratified (again) the ALJs’ appointments when she first assumed office. And newly confirmed Commissioner Martin O’Malley could ratify the appointments. We will keep you informed as to the status of these cases.

Mr. Dahle is represented by NOSSCR Sustaining Member Wes Kappelman and by Mahesha P. Subbaraman. Ms. Rush is represented by NOSSCR Past President and Sustaining Member George Piemonte and Mr. Subbaraman. Ms. Seago is represented by NOSSCR Sustaining Member Jonathan Heeps and Mr. Subbaraman.

Representation in Disability Claims Decreased in 2023

Social Security has released the 2023 data for the rate of representation at the initial claim, reconsideration, and hearing levels. The percentage of claimants who are represented has declined overall, with the most significant decrease occurring at the hearing stage. As our members are acutely aware, representation at every stage of the process is crucial to ensuring that deserving claimants receive the benefits to which they are entitled. But NOSSCR understands that increasing representative involvement is only possible if representatives are paid a reasonable fee for their services. NOSSCR feels strongly that Commissioner O’Malley should act promptly to increase the fee cap so that representatives can have the financial security to continue this vital work, and we will continue to fight for this on your behalf.

Representative-Rates-by-Adjudicative-Level-FY-2014-FY-2023

Social Security Field Office Contact Information

NOSSCR is pleased to provide this chart to our members with the direct contact information for all of SSA’s Field Offices.

NOSSCR is Hiring!

NOSSCR is currently seeking applications for the following roles.

Litigation Associate

The National Organization of Social Security Claimants’ Representatives (NOSSCR) is a 501(c)(6) specialized bar association made up of thousands of attorneys and advocates who represent Social Security Disability Insurance and Supplemental Security Income claimants throughout the adjudicative process. Since 1979, NOSSCR has been providing continuing legal education and public policy advocacy on behalf of its members and the people with disabilities they represent. Now, NOSSCR is expanding its advocacy to include impact litigation. NOSSCR recently hired an experienced Litigation Director. We seek a Litigation Associate to assist in this important work.

NOSSCR’s mission is to advocate for improvements in Social Security disability programs and to ensure that individuals with disabilities applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits have access to highly qualified representation and receive fair decisions.

Essential Duties and Responsibilities

The primary role of NOSSCR’s Litigation Associate is to assist NOSSCR’s Interim CEO and Litigation Director in pursuing claims against the Social Security Administration (SSA) and against state agencies that assist SSA in making eligibility determinations.

The Litigation Associate will perform a range of work, in partnership with the Interim CEO, Litigation Director, and other NOSSCR staff, as well as NOSSCR members, to investigate, develop, and pursue litigation in court.

As the Litigation Associate gains experience, their docket may include cases for which they have primary responsibility under the supervision of Interim CEO and Litigation Director in addition to matters on which they work in a supporting role.

The Litigation Associate’s specific responsibilities include:

• Work closely with the Interim CEO, Litigation Director, other NOSSCR staff, and NOSSCR members, to build cases and support policies that serve NOSSCR’s members and their clients.
• Participate in the full range of tasks related to complex litigation, including factual investigation, document review, legal research, memo writing, briefing, and oral advocacy.
• Interact with NOSSCR members and their clients.
• Work with experts to develop a clear understanding of the principles and facts involved in each case and, ultimately, to support our litigation goals.
• Represent NOSSCR on telephone calls and at meetings with clients, partners, co-counsel, and experts.
• Develop skills required to serve as spokesperson with print and other media.

The Litigation Associate is also expected to:

• Attend and present at weekly team meetings;
• Keep abreast of relevant changes in the law;
• Update and maintain legal databases; and
• Help prepare for and attend NOSSCR’s conferences. 

Qualifications

To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions.

 Competencies

• Communications: exhibits good listening and comprehension; can convey complex information both verbally and in writing; confidence as a public speaker
• Adaptability: adapts to changes in the work environment; manages competing demands; changes approach or method to best fit the situation
• Dependability: follows instructions, responds to management direction; takes responsibility for actions; completes tasks on time or notifies appropriate person with an alternate plan
• Design: demonstrates attention to detail; demonstrates accuracy and thoroughness
• Analytical skills: synthesizes complex or diverse information; collects and researches data; uses intuition and experience to complement data; identifies data relationships and dependencies; designs workflows and procedures
• Judgment: displays willingness to make decisions; exhibits sound and accurate judgment; supports and explains reasoning for decisions
• Cooperation: establishes and maintains effective relations; offers assistance and support to co-workers and members; works cooperatively in group situations
• Ethics: treats people with respect; keeps commitments; works with integrity
• Planning: prioritizes and plans work activities; uses time efficiently; plans for additional resources; integrates changes smoothly; sets goals and objectives; works in an organized manner
• Interpersonal skills: regularly interacts with other NOSSCR staff, NOSSCR members, and government officials and attorneys; maintains relationships to best serve NOSSCR’s members and mission

Education/Experience

• JD
• Current good standing, or pending admission to any state bar

Language Ability: Ability to read, analyze, and interpret the most complex documents; respond effectively to the most sensitive inquiries or arguments; draft effective and persuasive briefs, memoranda, speeches, and presentations on complex topics.

Reasoning Ability: Ability to comprehend, communicate about, and respond to legal arguments, large data sets, actuarial analyses, and research papers in the field.

Supervisory Responsibilities: This position does not currently require supervisory responsibilities.

Compensation and Benefits: NOSSCR offers competitive compensation and an exceptional benefits package. Salary to be commensurate with experience.

Location: NOSSCR is located at 1300 I (Eye) Street, NW, Suite 825, Washington, DC 20005 and offers in-person, hybrid, and fully remote workplace options, depending on experience and needs of the employer as described above.

To Apply

• Please submit a resume and brief writing sample to jobs@nosscr.org

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Legal Intern (Part Time)

The National Organization of Social Security Claimants’ Representatives (NOSSCR) is a 501(c)(6) specialized bar association made up of thousands of attorneys and advocates who represent Social Security Disability Insurance and Supplemental Security Income claimants throughout the adjudicative process. Since 1979, NOSSCR has been providing continuing legal education and public policy advocacy on behalf of its members and the people with disabilities they represent. Now, NOSSCR is expanding its advocacy to include impact litigation. We seek a part-time Legal Intern to support this important work. 

NOSSCR’s mission is to advocate for improvements in Social Security disability programs and to ensure that individuals with disabilities applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits have access to highly qualified representation and receive fair decisions.

Essential Duties and Responsibilities

The primary role of NOSSCR’s Legal Intern is to assist NOSSCR’s Senior Counsel and Litigation Director with legal research and writing. 

The Legal Intern will perform a range of work including:

• Researching and briefing new case law
• Researching novel legal issues
• Analyzing changes in policy
• Interacting with NOSSCR staff
• Assisting with the preparation of in-person and virtual conferences

The Legal Intern is also expected to:

• Actively participate in team meetings
• Communicate effectively with supervisors
• Provide additional support as requested

Qualifications

To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions.

Competencies

• Communications: exhibits good listening and comprehension; can convey complex information both verbally and in writing
• Adaptability: adapts to changes in the work environment; manages competing demands; changes approach or method to best fit the situation
• Dependability: follows instructions, responds to management direction; takes responsibility for actions; completes tasks on time or notifies appropriate person with an alternate plan

• Design: demonstrates attention to detail; demonstrates accuracy and thoroughness
• Analytical skills: synthesizes complex or diverse information; collects and researches data
• Judgment: displays willingness to make decisions; exhibits sound and accurate judgment; supports and explains reasoning for decisions
• Cooperation: establishes and maintains effective relations; offers assistance and support to co-workers and members; works cooperatively in group situations
• Ethics: treats people with respect; keeps commitments; works with integrity
• Planning: prioritizes and plans work activities; uses time efficiently; plans for additional resources; works in an organized manner
• Interpersonal skills: regularly interacts with other NOSSCR staff and members

Education/Experience

• Bachelor’s Degree
• Actively enrolled in an ABA-accredited law school

Language Ability: Ability to read, analyze, and interpret complex documents; respond effectively to legal inquiries or arguments; draft effective and persuasive briefs, memoranda, and case summaries on complex topics.

Reasoning Ability: Ability to comprehend, communicate about, and respond to legal arguments and research papers in the field.

Supervisory Responsibilities: This position does not currently require supervisory responsibilities.

Compensation and Schedule: Approximately 20 hours per week, offered on a flexible schedule, $25 per hour.

Location: NOSSCR is located at 1300 I (Eye) Street, NW, Suite 825, Washington, DC 20005 and offers in-person and hybrid workplace options, depending on experience and the needs of the employer as described above.

To Apply

• Please submit a resume and brief writing sample to jobs@nosscr.org

Useful Resources – December 2023

Resource	URL
Latest Caseload Analysis Report (CAR) for the month of November 2023	https://www.ssa.gov/foia/resources/proactivedisclosure/2023/CAR%20November%202023.pdf
ALJ Disposition Data	https://www.ssa.gov/appeals/DataSets/03_ALJ_Disposition_Data.html
Contact Information for the Regional Communications Directors (RCDs)	https://www.ssa.gov/agency/rcds.html OR https://www.ssa.gov/news/press/
HALLEX Contents & Recent Changes	https://www.ssa.gov/OP_Home/hallex/hallex.html
POMS Recent Changes	https://secure.ssa.gov/apps10/reference.nsf/instructiontypecode!openview&restricttocategory=POMT
Emergency Messages (EMs)	https://secure.ssa.gov/apps10/reference.nsf/instructiontypecode!openview&restricttocategory=EM
Chief Judge Bulletins (CJBs)	https://secure.ssa.gov/apps10/reference.nsf/instructiontypecode!openview&restricttocategory=CJB
FOIA Reading Room – Proactive Disclosures	https://www.ssa.gov/foia/readingroom.html
Dataset with Contact Information for Each Field Office	https://www.ssa.gov/open/data/FO-RS-Address-Open-Close-Time-App-Devs.html