Agenda / Content Covered

10:00 am to 5:00 pm Eastern Standard Time

1. Social Security Disability Claims Overview and Rules Update
   10:00 - 10:45, Dana W. Duncan and Robert Tarlock
   1. Eligibility: The 5-Step Sequential Evaluation Process
   2. Benefits Available to Claimants
   3. Overview and Timeline of Claim Procedures
   4. Client Intake; When (and When Not) to Take a Claim
   5. Application Checklist, Pointers and Buzzwords
   6. Reopening Old Applications - The Drummond Rule
   7. Top Reasons for Application Denials
   8. Recent SSDI Changes and Rulings
2. Top 10 Disability Claims: Anatomy and Pathology
   10:45 - 11:00, Dana W. Duncan and Robert Tarlock
3. Evidence: Substantiating Physical/Mental Impairment
   11:15 - 12:00, Dana W. Duncan and Robert Tarlock
   1. Evidence Submission Rules and New SSA Guidance
   2. Developing the Record
   3. Calculating the Date Last Insured and Established Onset Date
   4. Family, Medical, Work History
   5. Creating and Explaining Prescription Medication History
   6. Effective Use of Physicians, Psychiatrists, Psychologists
   7. Photos and Other Powerful Evidence
   8. Using and Citing POMS, Fit and Impairment Listings to Support the Claim
   9. Salvaging Cases with Symptom Exaggeration, Inconsistencies
   10. Using SSA's Electronic Records Express (ERE)
4. Brief Writing Tips and Pitfalls to Avoid (w/Samples)
   12:00 - 12:30, Dana W. Duncan
5. ALJ Hearings: Evidence and Examining Vocational Experts
   1:00 - 2:00, Dana W. Duncan
   1. Finding Out Who Your Judge Will be
   2. Hearing Process and Procedure
   3. What ALJs Are vs. Are Not Looking for When Evaluating Claims
   4. Practicing Before an ALJ: Do's, Don'ts, Practice Tips
   5. Illustrating Functional Limitations
   6. Effectively Using Lay Witnesses and Statements
   7. Creatively Using Medical Evidence
   8. Cross-Examining Vocational/Medical Experts: Eliciting Favorable Testimony
   9. Direct Examination of the Claimant
   10. Top Reasons for Unfavorable ALJ Decisions
   11. Building a Record for Appeal, Requesting On-the-Record Decisions
6. SSA Appeals Council
   2:00 - 2:45, Robert Tarlock
   1. SSA Level (Initial Denial Appeal; Reconsideration Denial)
   2. SSA Appeals Council - Appeal or New Claim?
   3. SSR 11-1P Effect
   4. Obtaining a Hearing Transcript
   5. Briefs
   6. What to do with New Evidence
   7. "Exceptions" Cases - Different Deadlines Apply
7. Federal Court Review
   2:45 - 3:30, Dana W. Duncan
   1. Jurisdiction and Local Rules
   2. Common Arguments (ALJ Boilerplate; Previously Unrepresented Claimants; etc.)
   3. Sample Federal Complaint and Brief
   4. Common Defenses by U.S. Attorneys
8. Legal Ethics Compliance
   3:45 - 4:45, Robert Tarlock
   1. Attorney Fees
   2. Mental Capacity of Your Client
   3. Protecting Confidentiality in Electronic Communications
   4. Client Misconduct
   5. Handling Unfavorable Evidence
9. Practice Tips
   4:45 - 5:00, Dana W. Duncan and Robert Tarlock

Accreditation Details:

DANA W. DUNCAN is the founder of Duncan Disability Law, SC, located in Nekoosa, Wisconsin. He has represented thousands of disabled clients throughout Wisconsin and Minnesota in Social Security law and Wisconsin workers' compensation. In addition to a high-volume administrative practice in Social Security, Mr. Duncan has averaged over a hundred federal Social Security appeals over the past five years. He was a speaker at the National Organization of Social Security Claimant’s Representatives (NOSSCR) convention in San Antonio, Texas, speaking as an expert in his field, and in Seattle, Washington. Mr. Duncan continues to lecture on the law and consult with other lawyers on these issues. He was a speaker at the National Association of Disability Representatives (NADR) convention in Reno, Nevada. He is a member of NOSSCR, NADR, the Seventh Circuit Bar Association and the Federal Bar Association, where he recently has assumed duties as the newsletter editor of the Social Security Division. Mr. Duncan has presented several programs previously for National Business Institute on Social Security law. Mr. Duncan is admitted to practice in Wisconsin and Illinois and before the Federal District Court (Eastern and Western districts of Wisconsin); the U.S. Court of Appeals for the First Circuit, Fourth Circuit, Sixth Circuit, Seventh Circuit, Eighth Circuit, and Ninth Circuit; as well as the U.S. Court of Appeals for Veterans’ Affairs. He has more than 25 years of experience in Social Security law and has personally argued more than 25 cases before the U.S. Court of Appeals, Seventh Circuit, Chicago, Illinois, and before the Fourth Circuit, Richmond, Virginia, including some landmark Social Security cases such as Overman v. Astrue, Shauger v. Astrue, and Varga v. Colvin. He earned his B.A. degree from Beloit College and his J.D. degree from Marquette University.

ROBERT TARLOCK is an attorney at Daley Disability Law, P.C., where he represents clients across the country. He graduated from DePaul Law School in Chicago and from Colby College in Waterville, Maine with a degree in American studies and literature. Prior to entering the legal profession, Mr. Tarlock was a full-time touring musician and resident DJ in Chicago where he still plays out on a frequent basis. He enjoys using some of his harder experiences from a life of making music as jumping off points to help struggling clients feel more trusting during hearing preparation. Mr. Tarlock has presented on Social Security matters at the Chicago Bar Association, has co-written a presentation entitled "Environmental Justice: Advocating for the Health of Children" for Loyola College of Law’s Children’s Legal Rights Journal Symposium, has interned as a clerk at the Northern District Court of Illinois and Daley Circuit Court in Chicago, and he has taught in the Chicago Public School system.