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 and presenting them with the SSA. 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

Continuing Education Credits:   

* denotes specialty credits

OVERVIEW OF THE LAW, OPERATING TERMS AND PROCEDURE
8:30 - 9:45, Russell W. Gerney

• 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
10:00 - 11:15, Russell W. Gerney

• Client Intake and Questionnaire – Looking for Conflicting Information in the Client's File
• Claim Evaluation - Red Flags to Look out for
• The Five (or Three) 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
11:15 - 12:05, David E. Friedes

• 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
• 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
1:05 - 2:20, David E. Friedes

• 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
2:20 - 2:45, David E. Friedes

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

AVOIDING ETHICAL PITFALLS
3:00 - 4:00, Russell W. Gerney and David E. Friedes

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

ATTORNEYS' FEES – SOURCES AND METHODS OF RECOVERY
4:00 - 4:40, David E. Friedes

• 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)

DAVID E. FRIEDES is a sole practitioner in Toledo, OH. Mr. Friedes has been an attorney for more than 25 years and his primary practice is in the field of Social Security disability, with extensive Federal Appeal practice. His practice also includes other disability areas of public employee retirement disability, state teachers retirement disability, long term disability cases, and workers compensation. Mr. Friedes is a member of the Toledo, Ohio State and American bar associations; the Ohio and American Association for Justice (member, Social Security Section); and he is a sustaining member of the National Organization of Social Security Claimant's Representatives. Mr. Friedes earned his B.A. degree, cum laude, from the State University of New York at Buffalo and his J.D. degree from the University of Toledo. He is admitted to the Northern District of Ohio, Western Division Federal District Court and the U.S. Sixth Circuit Court.

RUSSELL W. GERNEY is a sole practitioner with offices in both Wheeling, West Virginia and in Toledo, Ohio. Mr. Gerney focuses his practice on Social Security Disability law. He is a member of the Ohio State Bar Association and the Ohio Association for Justice. Mr. Gerney is licensed to practice in Ohio and Pennsylvania as well as before the U.S. Supreme Court. He earned his B.A. degree from the University of Pittsburgh at Johnstown and his J.D. degree from Duquesne University.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com