Agenda / Content Covered

Presenters: Benjamin Decker, Barbara Jarvis and Gary J. Martone

1. SSDI BENEFITS OVERVIEW AND INTAKE QUESTIONS
   9:00 - 9:45
   
   1. SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance) Benefits Compared
   2. SSI Eligibility Criteria and Application Process
   3. SSDI Eligibility and Application Procedure in a Nutshell
   4. How SSI and SSDI Interact with Other Government Benefits
   5. Speak the Language of the Practice: Common Medical, Legal and Administrative Concepts, Abbreviations and Acronyms
   6. Claim Intake Questionnaire
   7. Spotting Red Flags: Unanswered Questions, Gaps in Medical and Work History, Inconsistencies, etc.
2. IMPAIRMENT LISTING AND GRID RULES UPDATE
   9:45 - 10:30
   
   1. Disability Listings Update
   2. DOT (Dictionary of Occupational Titles), SOC (Standard Occupational Classification) and Other Useful Resources
   3. Mental Health Claims: Personality Disorders
   4. Mental Health Claims: Low IQ
   5. Supporting Orthopedic Injury Claims
   6. Medical Vocational Grids
   7. Sources of Authority: POMS, Hallex, CFR, Case Law and Useful Links
3. APPLICATION AND APPEALS PROCESS
   10:45 - 11:45
   
   1. Setting Up an Account with SS ODAR and Online Access
   2. Filing Process and Submission of Documents Step-by-Step
   3. Procedure, Forms, Instructions and Useful Links for Every Step of the Claims Process
   4. What to do About Old Applications
   5. What You Need to Know About Appeals Council and Federal Court Review
4. EVIDENTIARY ISSUES IN DISABILITY CLAIMS
   12:45 - 1:30
   
   1. Creating an Exhaustive List of all the Documents You Will Need
   2. Personal Medical History and Treating Physician Opinions
   3. Consultative Exams and Medical Source Statements
   4. Employment History and Earnings Record
   5. Practical Tips for Obtaining Crucial Documents
   6. Submission of Evidence Rules Update
   7. Trial Work Periods and Work Attempts
   8. Representing Indigent Clients and Clients with Diminished Mental Capacity
   9. Troubleshooting Lack of Insured Status
   10. Addressing Failure to Follow Prescribed Treatment
5. WRITING THE BRIEF AND PREPARING FOR THE HEARING
   1:30 - 2:00
   
   1. Developing a Winning Theory
   2. Documenting the History of the Ailment - Forms/Letters from the Medical Professionals for Physical vs. Mental Disability Claims
   3. Drafting the Brief and What Form/Documents Must be Submitted with it
   4. Preparing the Client to Testify
   5. The Master Checklist of the "Must-Have" Documents for the Hearing
   6. Documenting and Explaining Prescription Medications
   7. Addressing Addiction
   8. Other Pre-Hearing Issues: On-the-Record Decisions, Memoranda, etc.
6. HEARING TACTICS
   2:00 - 2:30
   
   1. Video vs. In-Person Hearings: Pros, Cons, Strategy
   2. Harmful Evidence and Other Rules for Hearings
   3. Maximizing Client Testimony Following the Five-Step Sequential Evaluation Process
   4. How to Present Hypotheticals
   5. Effective Use of Exhibits
   6. Addressing Bad Facts of the Case
   7. Always Build a Record for Appeal! - What You Must Remember in the Heat of Battle
7. HOW TO CROSS-EXAMINE VOCATIONAL EXPERTS
   2:45 - 3:30
   
   1. Challenging the VE’s Credentials
   2. Questioning Vocational Data Sources
   3. Language: Medical Limitations vs. Vocational Limitations
      1. Getting to Know the Dictionary of Occupational Titles
      2. Getting to Know the Selected Characteristics of Occupations
   4. Creating Your Own Hypothetical Questions
   5. Using the VE to Reduce the Number of Jobs by the Vocational Implications of Certain Limitations
   6. Vocational Implications of Pain and Mental Health Issues
   7. Challenging Opinions on the Availability/Number of Jobs: What is Meant by "Substantial Number of Jobs," "Existing in Several Regions"
8. AVOIDING ETHICAL PITFALLS
   3:30 - 4:30
   
   1. Client Misconduct
   2. Representative Misconduct
   3. Guarding Confidentiality
   4. Addressing Negative Evidence
   5. Limitations on Attorney Fees and Possible Exceptions

Accreditation Details:

BENJAMIN DECKER is the founder of Decker Law Office, LLC, where he focuses his practice in civil litigation, Social Security disability, and personal injury. Mr. Decker is a licensed attorney with years of experience in civil litigation, trials, and administrative practice. He also has extensive litigation experience representing plaintiffs and defendants, having worked for one of New Mexico’s largest Social Security disability firms and one of the nation’s 100 largest insurance defense/corporate law firms. Mr. Decker earned his J.D. degree from Pennsylvania State University - Dickinson School of Law.

BARBARA JARVIS is a sole practitioner in Albuquerque, New Mexico, where she practices in the area of Social Security law. She had 16 years in practice as a vocational evaluator and expert witness before becoming an attorney. Ms. Jarvis has lectured to various professionals on Social Security law. She is a member of the National Organization of Social Security Claimants Representatives and the State Bar of New Mexico. She earned her B.A., J.D. and M.A. degrees from the University of New Mexico.

GARY J. MARTONE is the owner of the Martone Law Firm in Albuquerque, where he focuses his practice on Social Security disability appeals. He earned his B.A. and J.D. degrees from the University of California. Mr. Martone is a long-time member of Social Security Claimants Representatives and the State Bar of New Mexico.