Conference Program Tuesday, May 5, 2015 7:30 pm-9:30 pm Lawyers and the Legislature David Goch, Esq. Stacy Cloyd, Deputy Director, NOSSCR, Office of Government Affairs Preparation for Hill visits. Most lawyers are well versed in “the law”, but not all understand the process by which the statutes (and regulations) that govern our country are developed and how they can effectively educate, and influence, the responsible legislative/regulatory bodies. The session will provide a comprehensive overview of the process of how legislation is proposed, developed, drafted, introduced and winds its way through the legislature (and ultimately signed into law). In addition, the session will focus on effective communication skills for the lawyer, including aspects of professionalism and ethics that lawyers are otherwise governed by. Learn how to fine-tune your communication skills to reduce the static, make yourself understood, understand others more clearly, and to communicate effectively in a limited time period. All conference registrants are invited to this informative session, but if you want NOSSCR to arrange a Hill visit and to provide you with talking points you must RSVP in advance using the available form. Arlington, Virginia—May 6-9, 2015 1 Conference Program Wednesday, May 6, 2015 11:00 am-5:00 pm Conference Registration 1:30 pm-2:30 pm Workshops: Choose one from the following. A. Introduction to Social Security Law—Part 1 Avram Sacks, Esq. This presentation provides a broad overview of the Social Security program under Title II, including sources of authority, who is covered under the Act, how the program is financed, how one becomes insured under the Act, a brief overview of retirement benefits, how a benefit amount is determined, factors that can reduce or increase benefits, different types of benefits available, factors that can cause a loss of benefits, overpayments, assignment of benefits, representative payees, and fees. LEVEL: BEGINNER B. Res Judicata, Administrative Finality and Reopening Thomas Bush, Esq. The rules of res judicata, administrative finality and reopening need to be understood by every Social Security disability practitioner. This session will provide an overview of these tricky concepts, demonstrate that res judicata and administrative finality are not the same thing, and show how you can use these concepts in your practice. LEVEL: INTERMEDIATE C. We’re Still Implementing Windsor. Why? What’s Next? And What You Need to Know in the Interim Karen Lowey, Esq. Aaron Tax, Esq. Many thought when the Supreme Court ruled Section 3 of DOMA unconstitutional in June of 2013, that the flood gates to equality had opened and that LGBT individuals, would be put on a level playing field with their heterosexual counterparts. Nothing could be further from the truth— especially with respect to the programs on which LGBT older adults, in particular, rely. Do samesex couples have equal access to Social Security spousal and survivor benefits? Do same-sex couples have equal access to Medicare benefits? Why should we give any special consideration to this population? And what can we do about it until we reach full equality? LEVEL: ALL Arlington, Virginia—May 6-9, 2015 2 Conference Program Wednesday, May 6, 2015 2:45 pm-3:45 pm Workshops: Choose one from the following. A. Introduction to Social Security Law—Part 2 Avram Sacks, Esq. This presentation focuses entirely on disability benefits, including differences between Title II and Title XVI, definition of “disability,” who can get disability benefits, the five-step disability determination process, the application and appeals process, establishing a period of disability, continuing disability reviews, work incentives and trial work periods, termination of benefits, and subsequent entitlement. LEVEL: BEGINNER B. Oral Argument in Federal Court Timothy Vrana, Esq. Oral argument can make a difference in the outcome of your case and should never be taken lightly. The goals of this session are to demystify the process and help you understand what you need to do and not do for an effective oral argument before a district court or a circuit court of appeals. LEVEL: ADVANCED C. Medicare and Individuals with Disabilities Kata Kertesz, Esq. David Lipschutz, Esq. This session will explore issues relating to Medicare eligibility and coverage for individuals with disabilities, including: The waiting period and exceptions; Eligibility for low-income assistance programs; Eligibility for working people with disabilities, including the trial work period and extended period of eligibility; Selected coverage issues regarding individuals with chronic conditions, including implementation of the Jimmo settlement and coverage of durable medical equipment, including speech generating devices. LEVEL: ALL Arlington, Virginia—May 6-9, 2015 3 Conference Program Wednesday, May 6, 2015 4:00 pm-5:00 pm Workshops: Choose one from the following. A. Exit Strategy Carol Avard, Esq. Thomas Scully, Esq. This session will discuss establishing “exit plans” that comply with Bar Rules, the Social Security Act and regulations, in the event of disability, retirement, death, catastrophe, and sale of a law office. LEVEL: ADVANCED B. Administrative Attorney’s Fees: The Good, The Bad, The OMG Alan Polonsky, Esq. This session will address the history of the collection of attorney’s fees for representing a claimant before the Social Security Administration along with a practical discussion of the fee petition process and the fee agreement process. There will be a discussion on collection of fees as a result of SSI payments to State welfare agencies to reimburse them for payments of General Assistance or other benefits including the process in those states that have arrangements for payment of fees and issues with regards to the distribution of those reimbursements. We will also address the problems that relate to law firms, multiple representatives, and tax issues relating to incomplete and erroneous 1099’s. LEVEL: ALL C. The Expected Work-Related Limitations from Various Impairments James Williams, Esq. What are the expected work-related limitations from specific impairments? What should we focus on in developing claims? This session will emphasize the practical work-related limitations resulting from the impairments. What should the claimant testify about? What should the RFC form to the treating source discuss and emphasize? How can we approach the treating source for a good report? If we are not successful before the ALJ, how do we build a good case for an appeal? What are the expected limitations from “episodic” impairments? What are some questions to ask the VE regarding the ability to “sustain” work for 40 hours a week under Social Security Regulation 96-8p? You might also learn some “shortcuts” in developing the claims with certain impairments which will make you more effective as an advocate and will also save time in developing the claim! LEVEL: INTERMEDIATE Arlington, Virginia—May 6-9, 2015 4 Conference Program Wednesday, May 6, 2015 The circuit roundtables are informal meetings organized by your circuit representatives to the NOSSCR Board of Directors. They are an opportunity to meet with representatives from your circuit to discuss issues that are more local, such as a particular ODAR or recent court cases. 5:15 pm-6:15 pm CIRCUIT ROUNDTABLES Focus on Practice: First Circuit Focus on Practice: Second Circuit Focus on Practice: Fifth Circuit Focus on Practice: Ninth Circuit Focus on Practice: Tenth Circuit 6:15 pm-7:15 pm Focus on Practice: Third Circuit Focus on Practice: Fourth & DC Circuits Focus on Practice: Sixth Circuit Focus on Practice: Seventh Circuit Focus on Practice: Eighth Circuit Focus on Practice: Eleventh Circuit Arlington, Virginia—May 6-9, 2015 5 Conference Program Thursday, May 7, 2015 7:00 am-5:00 pm Conference Registration 7:30 am-9:00 am Continental Breakfast 8:00 am-8:30 am First Timers’ Meeting If this is your first NOSSCR conference or if you are a new member, you are cordially invited. You will learn more about the conference and about NOSSCR. 8:45 am- 9:00 am Welcoming Remarks Timothy Cuddigan, Esq, NOSSCR President 9:00 am-9:45am Update from Congress The Honorable Sherrod Brown, U.S. Senator, (D) Ohio 9:45 am-10:15 am Ellen Nissenbaum, Center on Budget and Policy Priorities 10:15 am-10:45 am Coffee with the Exhibitors 10:45 am-11:30 am Glenn Sklar, Deputy Commissioner, Office of Disability Adjudication and Review 11:30 am-12:00 noon The Advocate’s Perspective Barbara Silverstone, Executive Director, NOSSCR 12:00 noon-1:30 pm Lunch (on your own) Arlington, Virginia—May 6-9, 2015 6 Conference Program Thursday, May 7, 2015 1:30 pm-3:00 pm Workshops: Choose one from the following. A. Understanding Common Neuropsychological Tests Donna Henderson, Psy. D. Kevin Liebkemann, Esq. Licensed psychologist Dr. Donna Henderson will explain some tests that are commonly used to document cognitive impairment in children. Come to this session to learn how to understand the test results, as well as how to work effectively with a psychologist to accurately document disability. Attorney Kevin Liebkemann will offer practical tips and techniques for presenting the results derived from such testing in ways that can be useful in both child and adult disability cases. LEVEL: ALL B. Maximizing Media Impact – Becoming an Effective Spokesperson Douglas Gould This interactive workshop will help participants ensure that their messages reach key audiences, both for their practices and for the preservation of the Social Security Disability Insurance program. Led by Douglas Gould, principal of the strategic communications firm that has been engaged by NOSSCR, this workshop will cover: The “rules of engagement” for working with reporters Crafting and presenting strong, effective messages – and how to stick to them The results of NOSSCR’s research that reveals how to frame disability issues Answers to participant questions about challenges they face with the media LEVEL: ALL C. Ethics issues (CDI, Social Media, Evidence Gathering and Submission) David Camp, Esq. The ever-changing landscape of Social Security practice presents many ethics questions. What is the ethical response to a CDI investigation of your client? What should you tell a client about his or her social media account? What evidence should you obtain on behalf of your client, and what evidence must you submit to Social Security? While the answers will depend on the specific facts of each situation, with careful consideration of your state’s ethics rules, this session will nevertheless attempt to introduce some clarity to these murky ethics issues. LEVEL: ALL 3:00 pm-3:15 pm BREAK Thursday, May 7, 2015 Arlington, Virginia—May 6-9, 2015 7 Conference Program 3:15 pm- 4:45 pm Workshops: Choose one from the following. A. Childhood Hematological and Cancer Impairments: Meets or Equals vs. Functional Equivalence in Establishing Disability Louis Cooper, MD Shelley Davidson, Esq. Dr. Louis Cooper and attorney Shelley Davidson will show the difference in proving a child’s “meets/equals disability” from functional equivalence and how to use the six childhood domains to a claimant’s advantage. There will be slides as well as a frank discussion about when a child’s disability claim is appropriate. The presentation will examine three examples of hematological and cancer Listings to demonstrate the importance of documentation in childhood disability cases. LEVEL: ALL B. Doctor Talk: Tips for Building Relationships and Getting What You Need From Treating Sources Brian Bronson, Esq. Michael Quatrini, Esq. Yeshvant Navalgund, MD Often the difference between a favorable and unfavorable decision is the quality of evidence from a client’s treating sources. We will explore strategies for building effective, ethical relationships with treating sources, and review examples of evidence that strengthens your cases without burdening the treating source. Level: ALL C. A Pain in the ?????? Ann Hirschman, RN-C, FNP, MPH We will discuss what is pain and how does it cause disability. How do we assess pain and what are the treatments being used now in pain management. Level: ALL 6:30 pm-7:30 pm President’s Cocktail Reception The Honorable Xavier Becerra, U.S. House of Representative, (D) California Arlington, Virginia—May 6-9, 2015 8 Conference Program Friday, May 8, 2015 7:00am-8:30am Continental Breakfast 8:30am-9:30am Workshops: Choose one from the following. A. Resources for Claimants While They Wait for Approval Amy Foster, Esq. Every client has the same question, "How do I survive while waiting for benefits?" This session will cover different resources that you can refer your clients to when they call. From cash assistance to prescription help to housing - we will cover how everything works and where to locate services. Information will be both national and state-specific when possible. The goal is for you to have a list of resources so you or your staff will know where to send clients to get help when they call. LEVEL: BEGINNER B. The Treating Physician Rule for Hearings and Appeals Mary Meadows, Esq. Kirk Roose, Esq. The most important rule in weighing medical evidence is the Treating Physician Rule. Detailed familiarity with the Rule and 20 C.F.R. § 404.1527(c) can help you obtain more accurate decisions in your cases. One reason for the increased number of inaccurate ALJ decisions is that many ALJs err in applying this Rule. This session will discuss the Rule and how to structure your evidence and your presentation at the hearing and on appeal to increase the chances that the Rule will be applied accurately. LEVEL: INTERMEDIATE C. What Social Security Representatives Need to Know About Long-Term Disability (LTD) Cases Under ERISA or State Law-Part 1 Eric Buchanan, Esq. Many of our Social Security clients also have disability insurance policies, and there can be significant overlap between the Social Security case and the LTD claim. This presentation will provide an introduction to the LTD process, with focus on issues the Social Security representative should be aware of to avoid harming the person’s LTD claim while helping the same person with a Social Security claim. This session is continued at 9:45 am LEVEL: ALL 9:30 am-9:45 am BREAK Arlington, Virginia—May 6-9, 2015 9 Conference Program Friday, May 8, 2015 9:45 am-10:45 am Workshops: Choose one from the following. A. Genitourinary Disorders—More than Just Plumbing Ann Hirschman, RN-C, FNP, MPH The genitourinary disorders listings were revised in December 2014. We will discuss kidney disease from mild to end-stage and clients who need anything from diet restrictions to medications to dialysis in order to survive. We will also review the listings for clients who have had kidney transplantation. LEVEL: ALL B. Congressional Oversight vs. SSA’s Response, Possible Explanations and Fixes to Combat an Injured Practice Area The Honorable Rick Waitsman Shelley Davidson, Esq. Judge Rick Waitsman, a recently retired ALJ with 21 years' experience and Shelley Davidson, a veteran Social Security Disability practitioner, will discuss recent trends with the Administration after various Congressional Hearings. Also included will be a brief history of ALJ data collection, the recent compilation of affirmation rates and results of focused reviews and the effect on future decision making. There will be suggestions for dealing with some of the changes to try to survive the reduced number of scheduled hearings, higher denial rates at hearing and Appeals Council levels, and tighter District Court review. LEVEL: ALL C. Helping Clients with Long-Term Disability (LTD) Cases under ERISA and State Law-Part 2 Eric Buchanan, Esq. For those practitioners who want to begin helping clients with LTD cases, this presentation will continue the introduction to LTD cases from the previous hour, with a focus on the pitfalls, minefields, and other dangers that a practitioner should be aware of when helping their disabled clients fight the denial of LTD benefits under an insurance policy or ERISA plan provided by an employer. This session continued from 8:30 am LEVEL: ALL 10:45am-11:00am BREAK Arlington, Virginia—May 6-9, 2015 10 Conference Program Friday, May 8, 2015 11:00am-12:00 noon Workshops: Choose one from the following. A. Unexplained Symptoms in a Social Security Disability Client: How to Tell the Difference Between Factitious Disorder, Somatic Symptom Disorder and Malingering Kevin Liebkemann, Esq. Lauren Reisner, Esq. These conditions are often hard to distinguish, but are in fact quite different. This session will include a discussion of these conditions, along with ways to better prepare and prove a client’s case. LEVEL: INTERMEDIATE B. Spotting Issues for the Appeals Council George Piemonte, Esq. We will go over many common errors occurring in ALJ unfavorable decisions that have led to successful appeals to the Appeals Council. By the end of the presentation you will have a checklist of issues to look for when writing a brief or reviewing a case for appeal. As an ALJ said to me recently following the presentation, “I’d like to give this to all the decision writers to use as a checklist.” LEVEL: ADVANCED C. Frequently Asked Questions About Fees Charles Hall, Esq. Most of the time, fees for representing Social Security claimants are routine. But everybody has some cases where things aren’t so routine. In this workshop, we will concentrate on the cases where the route to getting a fee doesn’t run straight and smooth, the cases which generate frequently asked questions. LEVEL: All 12:00noon-1:30pm Lunch (on your own) Arlington, Virginia—May 6-9, 2015 11 Conference Program Friday, May 8, 2015 1:30pm-2:30pm Workshops: Choose one from the following. A. The ABCs of CDRs Linda Landry, Esq. Thomas Krause, Esq. Ethel Zelenske, Esq. CDRs. DIBRA. MIRS. MIPs and MINEs. This session will tell you what all these acronyms (and more) stand for and provide some history and practical tips as SSA is gearing up to perform more medical continuing disability reviews (CDRs). While other funding for SSA is cut, the agency is receiving increased program integrity funding from Congress. This means that SSA must perform about 1.2 million CDRs in the next 2 years. SSA adjudicators and claimants’ representatives are rusty on the Medical Improvement Review Standard (MIRS). The session will cover the inception of the MIRS in the Disability Insurance Benefits Reform Act of 1984 (DIBRA) and why it is important to retain; the provisions in the MIRS; benefits pending appeal of a CDR termination; and how to receive fees in CDR cases. LEVEL: ALL B. Fibromyalgia-a Dirty Word? How to Deal With this Hard to Win Case Scott Smith, Esq. How many of you lose hope when you see the diagnosis of fibromyalgia in the medical records? Don't lose hope! This session will discuss the medicine behind fibromyalgia and how to handle the issue in a hearing. We will also discuss seizure disorders and how to present this condition with success. LEVEL: INTERMEDIATE C. Residual Functional Capacity Following Lower Extremity Joint Replacement-Part 1 Theodore Manson, MD Scott London, Esq. Musculoskeletal System Listings 1.02 and 1.03, and Inflammatory Arthritis Listing 14.09 may apply to individuals considering lower extremity joint replacement. In some cases a conservative, nonsurgical approach may be enough, but in more severe cases a partial or even total joint replacement surgery may be needed. After joint replacement surgery a patient may be able to return to full time sedentary work. There may be other complications directly resulting from the joint replacement surgery during the course of therapy and medication. There could also be related psychiatric conditions that affect the patient’s residual functional capacity to perform any type of work especially considering the patient’s age. During the disability process predicated on joint replacement, the patient, representative and treating doctor should communicate to accurately assess the patient’s residual functional capacity and be aware of relevant limitations. This session continues at 2:45 pm. LEVEL: ALL 2:30pm-2:45pm BREAK Arlington, Virginia—May 6-9, 2015 12 Conference Program Friday, May 8, 2015 2:45pm-3:45pm Workshops: Choose one from the following. A. How to Disrupt the Path to Denial through Interrogatories to State Agency Physicians Laura Hernandez, Esq Michael Kelly, Esq. We began submitting interrogatories to doctors through the ALJs before the hearings. The Appeals Council has acknowledged through a remand order that claimants can make these requests, the ALJ must rule on the request, and the decision concerning the request must be part of the record. In addition, through FOIA requests and research, we have discovered individual State Agency Medical Consultants are disposing of as many as 1,600 files a month or almost 10 files per hour. You will find the numbers quite eye-opening. Our presentation will focus on helping attendees locate and use this information to their clients’ benefit. LEVEL: ADVANCED B. Handling Federal Court Appeals of Disability Claims Under the Social Security Act, Under ERISA (Employee Retirement Income Security Act) and Under Private Disability Insurance Policies Elliott Andalman, Esq. Peter Casciano, Esq. This session will review and compare the practical procedures for filing federal court appeals under SSA and ERISA, statutes of limitations, and what is necessary to include in your complaint. We will review the burden of proof, crafting winning arguments, settlement possibilities and procedures, and attorney fee provisions and procedures. LEVEL: INTERMEDIATE C. Residual Functional Capacity Following Lower Extremity Joint Replacement-Part 2 Theodore Manson, MD Scott London, Esq. Musculoskeletal System Listings 1.02 and 1.03, and Inflammatory Arthritis Listing 14.09 may apply to individuals considering lower extremity joint replacement. In some cases a conservative, nonsurgical approach may be enough, but in more severe cases a partial or even total joint replacement surgery may be needed. After joint replacement surgery a patient may be able to return to full time sedentary work. There may be other complications directly resulting from the joint replacement surgery during the course of therapy and medication. There could also be related psychiatric conditions that affect the patient’s residual functional capacity to perform any type of work especially considering the patient’s age. During the disability process predicated on joint replacement, the patient, representative and treating doctor should communicate to accurately assess the patient’s residual functional capacity and be aware of relevant limitations. This session is continued from 1:30 pm. LEVEL: ALL 3:45pm-4:00pm BREAK Arlington, Virginia—May 6-9, 2015 13 Conference Program Friday, May 8, 2015 4:00pm-5:00pm Workshops: Choose one from the following. A. How Do I Get Paid for Court Work?—EAJA Fees and 406(b) Fees Gayle Troutman, Esq. Steve Troutman, Esq. This session will provide an overview of EAJA fees, 406(b) fees, and other related issues, including sentence 4 remands, sentence 6 remands, and how the court fees relate to fees for work before the agency. LEVEL: ADVANCED B. Making the Election Regarding VTC Hearings and How It Affects Your Presentation at the Hearing Cynthia Berger, Esq. Debra Shifrin, Esq. This session will deal with the factors you should consider when deciding whether to elect to have a VTC hearing for your client. Once you have made your decision, we will discuss strategies for preparing for the hearing, including client prep, file prep, and prehearing memorandum. LEVEL: BEGINNER C. Practical Pointers: What Happens to the Claim When the Client Dies? Charles Hall, Esq. Absenteeism Thomas Krause, Esq. Brief Writing Tips Lawrence Rohlfing, Esq. Three experienced attorneys will provide guidance on important issues that affect your practice. LEVEL: INTERMEDIATE Arlington, Virginia—May 6-9, 2015 14 Conference Program Saturday, May 9, 2015 7:00am-8:30am Continental Breakfast Workshops: Choose one from the following. 8:00am-9:00am A. The Doctor Is Never In: Objecting To and Cross-Examining Medical Experts Douglas Mohney, Esq. This session explains how to effectively object to unqualified MEs before and during the hearing and provides techniques for cross-examining the “expert” at the hearing. A checklist for objections and an outline will be included. LEVEL: INTERMEDIATE NEW B. “All” Evidence Regulations: A Representative’s Duty to Submit Almost Everything Eric Schnaufer, Esq. Under regulations effective April 20, 2015, a claimant’s representative is required to inform the Agency about or submit “all” evidence the representative receives that relates to a disability claim, subject to two exceptions for privileged communications. This workshop addresses what “all” evidence means, a representative’s duty to obtain evidence the representative has not received, privileged communications, the impact of the new regulations on the closing of the record at the hearing level, time limits on submitting evidence to the Appeals Council, and related topics. LEVEL: ALL C. Immigrants, Noncitizens and Social Security Disability Kevin Liebkemann, Esq. This session will cover the requirements for immigrants and noncitizens to receive Social Security Disability and/or Supplemental Security Income benefits. We will also cover the latest relevant news on President Obama’s actions on immigration. LEVEL: BEGINNER Arlington, Virginia—May 6-9, 2015 15 Conference Program Saturday, May 9 2015 Workshops: Choose one from the following. 9:10 am-10:10 am A. Identifying and Addressing Ethical Issues in Your Practice Donald Chewning, Esq. Given the non-adversarial nature of Social Security disability proceedings, practicing in this area presents some unique ethical situations, such as the perennial debate about a representative’s duty to disclose adverse evidence. In addition to state ethics rules for attorneys, Social Security also has its own rules of conduct and standards of responsibility for representatives. In recent years, certain business models implicate core ethical issues, including competence, client communication, and payments for referrals. This session will be a discussion of these and other ethics issues under both Social Security’s regulations and the ABA’s Model Rules of Professional Conduct. LEVEL: ALL B. Not Just Any TSA Lawrence Rohlfing, Esq. The Commissioner clarified the method for assessing the presence of transferable skills. This new interpretation of the TSA takes away the gestalt of the vocational experts in testifying to the presence of transferable skills generally and gives the practitioner the ability to defeat the finding by the ALJ. The existence of transferable skills should not depend on the identity of the vocational expert or the ALJ but should depend on concrete vocational factors that have replication and predictability. For pending cases, this new interpretation of the transferability regulation brings up questions about application and the Commissioner’s anticipated defense of retroactivity. This session will deal with concepts of application to those pending cases at all levels of review as a bonus topic. LEVEL: ADVANCED C. Changes on the Horizon for Non Disability Appeals and Overpayment Waiver Applications Kate Lang, Esq. John Whitelaw, Esq. Over 40 years ago, the Supreme Court ruled in Goldberg v. Kelly that those facing suspension or benefit reductions are entitled to important due process protections. Unfortunately, in practice few SSI recipients facing loss of their vital benefits for “non-disability” reasons receive the protections they deserve. We will cover the steps that an advocate can take to enforce their clients’ due process rights, confirm accuracy of an overpayment and eliminate or severely reduce the amount taken by SSA. You will also learn what is being done by SSA to address the problems with the non-disability appeal and overpayment appeal and waiver processes, and how you can be part of the national advocacy effort to tackle these issues. Arlington, Virginia—May 6-9, 2015 16 Conference Program LEVEL: BEGINNER Arlington, Virginia—May 6-9, 2015 17
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