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 course will walk you through the major steps of the claim procedure and offer time-tested methods for selecting cases, presenting them with the SSA and coordinating SSDI with claimants' other sources of income. Build a solid foundation for your practice – order today!

1. Overview of the Law, Operating Terms and Procedure
2. First Steps and the Search for Claim-Supporting Evidence
3. Mental Impairment Claims
4. Effective Hearing Tactics
5. Strategies for the Appeals Council and Federal District Court
6. Avoiding Ethical Pitfalls
7. Attorneys' Fees – Sources and Methods of Recovery

OVERVIEW OF THE LAW, OPERATING TERMS AND PROCEDURE
8:30 - 9:30, Dave Pantos

• Key Term Definitions and Abbreviations
• Social Security Disability Insurance (SSDI) vs. Supplemental Security Income (SSI)
• Eligibility Rules: Medical vs. Nonmedical Requirements
• How Disability is Measured – The Grids and Residual Functional Capacity
• Governing Law (POMS, HALLEX, SSRs, ARs, Case Law, CFR and SS Act)
• SSDI Claim Procedural Steps

FIRST STEPS AND THE SEARCH FOR CLAIM-SUPPORTING EVIDENCE
9:30 - 10:30, Mary L. Wilson

• Client Intake and Claim Evaluation – Conflicting Information in the File and Other Red Flags
• The Five Steps of the Sequential Evaluation
• Reopening a Prior Application – How Far Back Can You Go?
• SSA/ODAR Communications (Including specific forms to complete and SSA response to case backlog)
• Difference in Evaluating Physical vs. Mental Claims
• Obtaining Case Supporting Documentation
• Determining the Onset of Disability (Including Date Last Insured)
• Proving Pain
• Medical History and Treating Doctors' Opinions
• Employment History
• Functional Exertional and Non-Exertional Limitations
• Daily Activity Diaries
• Special Considerations in Child Disability Claims

MENTAL IMPAIRMENT CLAIMS
10:45 - 11:45, Mary L. Wilson

• Should You Survey Listing 12.00 or Focus on One Particular Listing?
• Personality Disorders – Are They Real, How Can You Prove Your Case?
• Can Your Client Meet Listing 12.08?
• Faking or Response Distortion in Personality Assessment
• Affective Disorders (Listing 12.04)
• Intelligence Quotient (IQ) – Can You Prove the Client's Listing IQ?
• Social Security Listing of Impairment: 12.05
• What Limitations Does a Low IQ Cause?
• Global Assessment of Functioning (GAF)
• Changes in the Diagnostic and Statistics Manual (DSM-5)

EFFECTIVE HEARING TACTICS
12:45 - 1:45, Patrick B. Cavanaugh

• Preparation
• Pre-Hearing Briefs and Other Submissions
• Amended Onset Dates and Wages Recorded after Onset Date
• Effective Exhibits
• Direct Examination of the Claimant
• Cross-Examining Medical and Vocational Experts

STRATEGIES FOR THE APPEALS COUNCIL AND FEDERAL DISTRICT COURT
1:45 - 2:30, Dave Pantos

• Procedure
• Effective Arguments
• Brief Writing Tactics
• Timing Considerations

AVOIDING ETHICAL PITFALLS
2:45 - 3:45, Patrick B. Cavanaugh

• Representative Misconduct
• Client Misconduct
• Judicial Misconduct
• Guarding Confidentiality
• Addressing Negative Evidence

ATTORNEYS' FEES – SOURCES AND METHODS OF RECOVERY
3:45 - 4:40, Patrick B. Cavanaugh

• From Federal Government
• From the Back Due Benefits
• Fee Petition
• Fee Agreement – When Can You Get More than the Fee Cap?
• In a Partially Favorable Ruling Case
• Pursuing Unpaid Fees
• Fees in Federal Court
• Seeking Fees under the Equal Access to Justice Act (EAJA)

PATRICK B. CAVANAUGH is a partner in the Cavanaugh Law Firm, P.C., L.L.O., where his practice focus is in the area of Social Security disability. He has spoken about the topic of Social Security disability for many patient support groups, legal seminars and community groups. Mr. Cavanaugh earned his B.A. degree from Loyola University - Chicago and his J.D. degree from Creighton University. He is a member of the National Organization of Social Security Claimants' Representatives (NOSSCR), the Nebraska State Bar Association and the American Bar Association.

DAVE PANTOS is an attorney for Legal Aid of Nebraska, a non-profit law firm in Omaha. Mr. Pantos practices in the areas of public interest law and Social Security. He is licensed to practice in Nebraska, New Jersey, Colorado and New York and in the federal courts in Nebraska, New Jersey and Colorado. Mr. Pantos also is licensed to practice in the tribal courts of Winnebago, Omaha, Ponca and Santee Sioux. He has given lectures on Social Security, Social Security disability, cross-examination techniques and federal court litigation. Mr. Pantos also has written several articles on Social Security and Social Security disability. He earned his M.S. degree from Indiana University School of Public and Environmental Affairs and J.D. degree from Indiana University - Bloomington School of Law. Mr. Pantos is a member of the Nebraska State Bar Association and a sustaining member of National Organization of Social Security Claimants' Representatives.

MARY L. WILSON is an attorney in private practice in Omaha, where she practices in the area of aging law. She serves as an attorney for Lincoln Information for the elderly. Ms. Wilson was the 1987 recipient of the Paul Lichterman Award, which is presented to one person nationwide each year for outstanding achievement in the delivery of legal services to the elderly. She co-wrote the ElderLaw Desk Manual, published in October 1990. Ms. Wilson is a former contributor to "The Law Speaks" column in Lifelines and has written other articles on elder law topics. She is chair of the Elder Law Section. She taught "The Law and Aging" for 12 years at the University of Omaha, Nebraska, and is currently teaching at Creighton University School of Law. Ms. Wilson earned her B.A. degree in education from Wayne State College and her J.D. degree from Creighton University School of Law. She is a member of the Nebraska State and American bar associations.

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Phone: 866-240-1890

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