Get everything you'll need to succeed in a disability claim with an insightful overview of the laws, definitions, procedures, and tactics involved in researching and proving impairments. This practical legal guide will walk you through the major steps of the claim procedure and effective methods of selecting cases, presenting them to the SSA and coordinating SSDI with claimants' other sources of income. Build a solid foundation for your practice – order today!

DAY 1

1. Overview of the Benefits and Eligibility Rules
2. Applying for Social Security Disability Benefits
3. The Search for Claim-Supporting Evidence
4. Mental Impairment Claims
5. Special Considerations in Child Disability claims
6. Analyzing Info and Preparing for the SSDI Hearing

DAY 2

7. Effective Hearing Tactics
8. Countering Vocational Expert Testimony in Disability Litigation
9. Avoiding Ethical Pitfalls
10. Coordination of SSDI with Workers' Comp and Other Benefits/Income Sources
11. Appealing Partially Favorable SSDI Decisions
12. Attorneys' Fees - Sources and Methods of Recovery
13. Changes in Benefits and Other Tough Challenges

Continuing Education Credits:   

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DAY 1

1. OVERVIEW OF THE BENEFITS AND ELIGIBILITY RULES
   9:00 - 10:15, Donald L. Kohl
   1. Key Medical Concepts, Terms, Abbreviations, Acronyms
   2. Typical Cases and Clients
   3. SSI vs. SSDI: Benefits and Eligibility Compared
   4. Eligibility Rules: Medical vs. Nonmedical
   5. Impairment Listings - Outlined and Explained
   6. How Disability is Measured - The Grids and Residual Functional Capacity
   7. Relevant Law Update
   8. Recent and Future Changes to the Social Security Disability Program
   9. Remedies Available Under ERISA
2. APPLYING FOR SOCIAL SECURITY DISABILITY BENEFITS
   10:30 - 11:30, Donald L. Kohl
   1. Client Intake and Questionnaire - Looking for Conflicting Information in the Client's File
   2. Claim Evaluation - Red Flags to Look out for
   3. SSDI Claim and Appeal Procedural Steps
   4. Filing Procedure and Application Deadlines
   5. Sample Forms
   6. Res Judicata and Re-Opening Old Applications
   7. SSA/ODAR Communications
   8. Handling Electronic File and Electronic Appeals
3. THE SEARCH FOR CLAIM-SUPPORTING EVIDENCE
   11:30 - 12:30, Jennifer M. Van Fossan
   1. The Five (or Three) Steps of the Sequential Evaluation
   2. Determining and Proving Degree of Functional Capacity
   3. Dating the Injury
   4. Determining the Onset of Disability (Including Date Last Insured)
   5. Proving Pain
   6. Medical History and Treating Doctors' Opinions
   7. Employment History and Documented Work Attempts
   8. Functional Exertional and Non-Exertional Limitations
   9. Daily Activity Diaries
   10. Amended Onset Dates and Wages Recorded after Onset Date
   11. Building the Medical Record
   12. Addressing Claimant's Drug and Alcohol Abuse
   13. The "Transferrable Skills" Exception Trap
4. MENTAL IMPAIRMENT CLAIMS
   1:30 - 2:30, Jennifer M. Van Fossan
   1. Survey Listing 12.00 vs. Focus on a Particular Listing
   2. Personality Disorders
      1. Can Your Client Meet Listing 12.08?
      2. Faking or Response Distortion in Personality Assessment
   3. Intelligence Quotient (IQ) - Can You Prove the Client's Listing IQ?
   4. Changes in the Diagnostic and Statistics Manual (DSM-5)
   5. Standard IQ and Personality Tests: Tips and Pitfalls
   6. Family Medical History and Interviews
   7. Uncovering Parents' Drug Abuse
   8. The Role of Lay Witness Testimony
   9. Claimant's Medical and School Records
   10. Overcoming Lack of Medical History
   11. Proving Vocational Implications of Mental Disorders
   12. Dealing with a Client's Reluctance to Pursue the Mental Impairment Part of the Claim
5. SPECIAL CONSIDERATIONS IN CHILD DISABILITY CLAIMS
   2:45 - 3:30, Traci L. Severs
   1. Supporting the Claim without the Use of Occupational Guides - What Evidence Does Work?
   2. Who's to Manage the Money?
   3. Special Needs Trusts
   4. Accounting for Changes in the Child's Condition
   5. What Happens When the Child Turns 18?
6. ANALYZING INFO AND PREPARING FOR THE SSDI HEARING
   3:30 - 4:30, Donald J. Derse
   1. Organizing Evidence and Testimony
   2. Social Security File Documentation Analysis
   3. Preparing Clients to Testify
   4. Avoid Mistakes With Ready-to-Use Forms and Letters
   5. Checklist of the "Must-Have" Documents for the Hearing
   6. Preparing Hypothetical Questions for the Vocational Experts
   7. Pre-Hearing Briefs, Case Theory Memos, and Other Submissions

DAY 2

7. EFFECTIVE HEARING TACTICS
   9:00 - 9:50, M. Julie Shanahan
   1. Know Your Administrative Law Judge!
   2. Explaining and Documenting Functional Limitations
   3. Effective Exhibits
   4. Direct Examination of the Claimant (Should the Claimant be Present?)
   5. Medical Opinions to Win Your Case
   6. Addressing Claimant's Medications
   7. Requesting On-the-Record Decisions
   8. Using FIT to Help the Decision Process
8. COUNTERING VOCATIONAL EXPERT TESTIMONY IN DISABILITY LITIGATION
   9:50 - 10:40, William M. Wunderlich
   1. The "Government" Statistics: What Information is Collected
   2. The "Private" Statistical Sources: Repackaging Free Government Statistics
   3. The Methodological Shortcomings of the Sources and Their Inability to Produce Reliable Estimates
   4. How to Leave the VE's Testimony in Shambles
   5. How to Frame the Issues and Preserve Them for Appeal
9. AVOIDING ETHICAL PITFALLS
   10:55 - 11:55, Robert A. Crowe
   1. Judicial Misconduct
   2. Representative Misconduct
   3. Client Misconduct
   4. Guarding Confidentiality
   5. Addressing Negative Evidence
10. COORDINATION OF SSDI WITH WORKERS' COMP AND OTHER BENEFITS/INCOME SOURCES
    12:55 - 1:45, Robert A. Crowe
    1. With Workers' Compensation
    2. With a Personal Injury Settlement
    3. With Trust Distributions and Other Sources of Income
    4. The Effect of SSD/SSI Receipt on Medicaid Eligibility
    5. Why File for SSDI and Social Security Retirement at the Same Time
    6. Is the Claimant Applying for Unemployment Benefits too?
    7. Veteran's Service-Connected Disability, Non-Service Disability and/or SSDI and SSI
11. APPEALING PARTIALLY FAVORABLE SSDI DECISIONS
    1:45 - 2:30, Dennis W. Fox
    1. Types of Partially Favorable Decisions
    2. Effective Arguments
    3. Brief Writing Tactics
    4. Timing Considerations
    5. Appeals Council Practice
    6. Federal Court Practice
12. ATTORNEYS' FEES - SOURCES AND METHODS OF RECOVERY
    2:45 - 3:40, Nancy R. Mogab
    1. From Federal Government
    2. From the Back Due Benefits
    3. Fee Petition
    4. Fee Agreement - When Can You Get More than the Fee Cap?
    5. In a Partially Favorable Ruling Case
    6. Pursuing Unpaid Fees
    7. Fees in Federal Court
    8. Seeking Fees under the Equal Access to Justice Act (EAJA)
13. CHANGES IN BENEFITS AND OTHER TOUGH CHALLENGES
    3:40 - 4:30, Dennis W. Fox
    1. Changes in the Client's Physical Condition
    2. Representing Clients Who are Working
    3. Addressing Claimant's Expectations and Misinformation
    4. Handling Adverse Evidence
    5. Trial Work Period in SSD Claims (An Overlooked Opportunity for your Client)
    6. Cessation of Social Security Benefits
    7. Overpayment of Disability Benefits

ROBERT A. CROWE is a partner in the law firm of Crowe & Shanahan, where he focuses his practice in Social Security disability. He received his A.B. degree from St. Louis University and his J.D. degree from Saint Louis University School of Law. Mr. Crowe has more than 35 years of experience and is a member of the American Bar Association, The Missouri Bar, the Bar Association of Metropolitan St. Louis (member, Administrative Law Committee), and the National Organization of Social Security Claimants Representatives (vice president, 1988-1989; president, 1989-1990; member, Council of Past Presidents, 1991-present).

DONALD J. DERSE is an attorney in the law firm of Crowe & Shanahan, where he focuses his practice in the areas of Social Security disability and SSI claims. He has previously lectured to the Social Security Disability Committee of the Bar Association of Metropolitan St. Louis. Mr. Derse received his B.S. degree from University of Wisconsin-Milwaukee and his J.D. degree from Saint Louis University School of Law. He is a member of the Bar Association of Metropolitan St. Louis, The Missouri Bar and the National Organization of Social Security Claimants Representatives.

DENNIS W. FOX is the principal of Dennis W. Fox and Associates, where he practices in the area of Social Security law, representing claimants before the Social Security Administration. An author of several articles concerning disability issues and frequent speaker at continuing legal education programs and other public forums, he has now attended several thousand administrative hearings before Social Security Administration administrative law judges. Mr. Fox earned his B.A. and J.D. degrees from St. Louis University. He is a member of The Missouri Bar, the Administrative Law Committee of the Bar Association of Metropolitan St. Louis (BAMSL) and the National Organization of Social Security Claimant's Representatives (NOSSCR). Mr. Fox also is a former president of the Missouri Chapter, Lupus Foundation of America, and former member of the Board of Directors of the St. Louis Chapter of the National Alliance for the Mentally Ill (NAMI) and the Combined Health Appeal.

DONALD L. KOHL is a partner in the law firm of Shea, Kohl & Alessi, LC, where he focuses his practice in the areas of personal injury law, workers compensation, Social Security disability, automobile accidents and injuries, premises liability, slip and fall, and nursing home negligence. He earned his bachelor's degree from the University of Missouri at Columbia and his J.D. degree from Washington University in St. Louis. Mr. Kohl was the assistant prosecuting attorney for St. Charles County (Missouri) from 1979 to1983. He was a prosecuting attorney for St. Charles City from 1988 to 2004 and has that role again, from 2009 to present. Additionally, Mr. Kohl has served as the municipal judge for the city of St. Peters since 1985. He is a member of the St. Charles County and Illinois State bar associations, The Missouri Bar, and the Missouri Association of Trial Attorneys. Mr. Kohl is a member of the National Organization of Social Security Representatives and the National Association of Disability Representatives. He lectures in the areas of disability and workers compensation.

NANCY R. MOGAB is a partner in the law firm of Mogab & Hughes Attorneys, P.C. since 1982, where she focuses her practice in civil trial, workers' compensation, Social Security, long-term and veteran's disability, and personal injury. She also has been a mediator/arbitrator since September 2010. Ms. Mogab also has been appointed as a hearing officer for City of St. Louis Police Commission from January 2010 to 2014. She has been licensed in Missouri since 1982, and is admitted to practice in the U.S. District Court, Eastern District of Missouri; Eighth Circuit Court of Appeals; Court of Veterans Appeals, Washington, D.C.; and is an accredited attorney for prosecution of claims for veteran's benefits. Ms. Mogab is a Missouri appellate judicial commission-lawyer representative for the Eastern District from January 1, 2006 to December 31, 2011. She received her B.A. degree from St. Mary's College, Notre Dame, Indiana and her J.D. degree from the University of Missouri - School of Law. Ms. Mogab is a member of the American Bar Association, The Missouri Bar (Board of Governors, 2009-2012), American Association for Justice, Bar Association of Metropolitan St. Louis, Lawyers Association of St. Louis, Missouri Association of Trial Lawyers, Women's Lawyers Association of Greater St. Louis, Women's Lawyers Association Foundation, National Association of Veteran's Appeals, National Association of Social Security Claimant's Representatives, Workers' Injury Law & Advocacy Group, and National Workers' Compensation Lawyers College.

TRACI L. SEVERS is an attorney in the law firm of Dennis W. Fox & Associates, where her practice focuses on Social Security disability and SSI claims at the administrative level. She is admitted to practice in the U.S. District Court in the Eastern District of Missouri, the Western District of Missouri, and the Southern District of Illinois. Prior to joining the law firm of Dennis W. Fox & Associates, Ms. Severs was the managing attorney at Gateway Legal Services. She also was the director of the Appellate Division at the Frick Company, and she was claims counsel at The Bar Plan Mutual Insurance Company. Ms. Severs is a graduate of St. Louis University and St. Louis University School of Law. She has been a member of The Missouri Bar since 1991.

M. JULIE SHANAHAN is a partner in the law firm of Crowe & Shanahan, where she focuses her practice in Social Security disability. She received her B.A. degree from Quincy University and her J.D. degree from St. Mary's University School of Law in San Antonio, Texas . Ms. Shanahan has over 25 years of experience and is a member of The Missouri Bar, the Bar Association of Metropolitan St. Louis and the National Organization of Social Security Claimants Representatives.

JENNIFER M. VAN FOSSAN is an attorney in the law firm of Dennis W. Fox and Associates where she handles any type of disability claim, including Social Security disability (SSD), supplemental security income (SSI), children's SSI, cessation cases and overpayments. Ms. Van Fossan is licensed to practice law in both Illinois and Missouri. She represents claimants at all stages of their claim, including in the United States District Court where she is admitted in the Southern District of Illinois. Ms. Van Fossan is a graduate of the University of Illinois where she received her bachelor's degree. She received her J.D. degree from Southern Illinois University School of Law. She is a member of the Illinois State Bar Association (ISBA), the National Organization of Social Security Claimant's Representatives (NOSSCR), the Illinois Trial Lawyers Association (ITLA) and the American Bar Association (ABA).

WILLIAM M. WUNDERLICH is principal of the Law Office of William M. Wunderlich & Associates, where he focuses his practice in all areas of personal injury, including Social Security disability, medical malpractice and workers' compensation. He has previously lectured for the Missouri Association of Trial Attorneys, among other groups. Mr. Wunderlich received his B.S. degree from University of Missouri-Columbia and his J.D. degree from the University of Missouri-Columbia Law School. He has served as a judge and assistant prosecuting attorney in Jefferson County, Missouri. Mr. Wunderlich is a member of the Jefferson County Bar Association (past president, 1993), Missouri Association of Trial Attorneys (elected, Board of Governors, 1986; vice chairman, Public Relations Committee), The Missouri Bar and the St. Louis County Bar Association, and is a founding sponsor of the Civil Justice Foundation.

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