Dr. York Office: 504-934–8333

SCHEDULE APPOINTMENT

An Introduction to the Practice of Social Security Law

by | Nov 1, 2004 | Articles | 35,228 comments

By Matt Greenbaum

Lecture I AN OVERVIEW OF THE SUBSTANTIVE LAW
  • The Social Security Disability Program
    • SSD Text 20/40 quarters
    • SSI — Asset and Income tests
    • Financial & medical benefits
  • Disability Requirements
    • The Sequential Evaluation
    • “Gainful Activity”
      • 2004 SGA test amount(Non-blind): $810
      • 2004 SGA test amount (Blind): $1,350
      • Trial work services: $580
    • Severity Test — significant limitation on one’s ability to work.
    • Listing of Impairments – Appendix I Subpart P of the Regulations following 20 C.F.R. §404.1598
    • Equivalency
    • Residual Functional Capacity (R.F.C.)
    • The Grids
      • Provide a framework for analyzing the combined effect of the claimant’s current R.F.C., age, education, and work history.
      • Transferability of skills
      • Ability to perform full range of sedentary work.
      • Non-exertional impairments – grids don’t apply.
      • Procedure where both exertional and non-exertional impairments exists.
        • First consider limitations
        • How much of the individual’s capability is further diminished by the non-exertional limitations.
Lecture II HOW AN APPLICATION PROCEEDS FROM THE INITIAL LEVEL THROUGH THE ADMINISTRATIVE LAW JUDGE LEVEL

III. The Initial Application and Reconsideration Steps

  • Where and how to apply
  • Retroactivity of benefits
    • SSD benefits – one year from date of application
    • SI benefits – not retroactive
  • Importance of timely filing of appeal – 60 days from date of denial.
  • Importance of early involvement in the application process.
    • Adverse medical consultative exams
    • Representing the illiterate or mentally impaired claimant

IV. Preparing Your Case

  • Information needed at initial meeting with claimant.
    • A list of all doctors they have seen in a private office and those doctors’ addresses and phone numbers.
    • A list of all hospitals and clinics that they have ever been to with the purpose and approximate dates of treatment.
    • A list of all impairments which make it more difficult for them to function at work.
    • A list of all of the places that they have worked in the past 15 years, or, if they have engaged in heavy physical labor for the past 35 years, the approximate dates of work and the type of work done there.
    • A list of drugs they are taking including non-prescription drugs with dosage, frequency, purpose, and any adverse effects the drugs produce.
    • Everything that has anything to do with the Social Security process or their medical condition.
    • All medicine bottles and prescriptions
  • Initial Interview Suggestions
    • Claimant’s statement
    • Review all Social Security, Workers’ Comp., Long Term Disability and other materials in claimant’s possession which may be relevant to claim
    • Requirements of in-depth interview
  • Copying Administration’s file (see 20 C.F.R. §404.400-410).
  • The need for a second meeting with claimant prior to hearing.
  • Reports of treating doctors
  • Pre-hearing memo to Administrative Law Judge
  • Requirements of timely requests or need to establish “good cause” for late filing
    • Serious illness preventing the claimant from contacting SSA;
    • Death or serious illness in the claimant’s family;
    • Destruction of records by fire or accident;
    • Claimant’s diligent search for favorable evidence when not concluded when time period expired;
    • Claimant made an oral request within the time limit concerning the SSA decision and filed a written request within 60 days of this contact;
    • Claimant was furnished incorrect information by an SSA employee about his/her right to appeal;
    • Claimant never received a notice of denial, either a reconsideration determination in most cases, or a notice of cessation of benefits;
    • Claimant made a good faith error in sending the hearing request to another governmental agency; and
    • “Unusual or unavoidable circumstances” which mean that the claimant could not have been expected to be aware of the time limit.
Lecture III THE ADMINISTRATIVE LAW JUDGE HEARING
  • Keeping your client focused on the issues
  • Bringing effective witnesses to the hearing
    • Supervisor at time of disability
    • Neighbors having opportunity to observe
    • Former co-workers
    • Rehabilitation workers
    • Health Care providers
  • Preparing for cross-examination of vocational expert
    • Decision of whether you should cross-examine
    • Effective cross-examination technique
  • Determining issues at the hearing
    • Onset date
    • Date late insured problems
    • Unsuccessful work attempts
    • Amending alleged onset date from application
    • Re-opening of prior applications
    • Whether past work was SGA
    • Skills of prior work
    • Exertional/non-exertional limitations of client
    • Does client meet a listing?
  • New procedures for easing the back-log
    • Attorney/advisor decisions
    • “Re-reconsideration” decisions
    • Adjudication Officer proceedings
Lecture IV POST-HEARING PRACTICE AND SOCIAL SECURITY DISABILITY LAW RESOURCES

V. The Appeals Council Stage

  • Filing within the required 65 days
  • Only most egregious ALJ errors usually corrected at this level but exhaustion of this last administrative step is required before filing of Federal Court Complaint.
  • Methods of Appeal
    • Procedure for requesting copy of hearing tape and exhibits as well as additional time period to review materials and prepare a formal response.
    • Form #HA-520-U5 – Request for Review
    • Helpful to send by certified mail, return receipt requested.
    • Short letter focused on the strongest issues, reference to Social Security Act regulations and rulings. Abundance of case cites not particularly helpful.
    • Own motion review
      • 20 C.F.R. §404.969 and §416.1469 permit the Appeals Council to initiate a review of the ALJ’s decision.
      • Claimant must be notified by the Appeals Council within 60 days of the ALJ’s decision.
      • Claimant must be paid interim benefits if the Appeals Council does not issue a final decision within 110 days after the ALJ decision. 42 U.S.C.A. 423(h) and 1383(a)(8)

VI. Appeals to District and Circuit Courts

  • The Current System
    • Scope of District Court Review
    • Procedure: Filing a Complaint and Motion for Summary Judgment
    • District Court Decision
  • Re-engineering proposal — Post ALJ decision
    • Create Reviewing Official (RO) position
      • Separate appeal to the ALJ level not required
      • Decision called “Pre-Hearing Report”
      • RO Decision not accorded a presumption of correctness
    • Eliminate Appeals Council
    • Eliminate U.S. District Court Review

VII. Process of Obtaining Fee Authorization

  • Award Certificate
    • Review amounts and dates of entitlement for all persons in family entitled to benefits.
    • Calculate back-due benefits.
    • Withholding of back-due benefits for possible attorney’s fee.
      • SSD cases – 25% of back due benefits withheld
      • SSI cases – no withholding of back due benefits for attorney’s fees.
  • Fee Approval System
  • Filing of Fee Petition
    • Itemization of hours
    • Completion of form #1560-U4 – Petition to Obtain Approval of Fee
    • Authorization to Charge and Receive a Fee
      • Direct payment from SSA
      • Payment to be received from claimant
  • Appeal of Fee Approval when Attorney is awarded less than requested.
  • Legislation in Congress

VIII. Social Security Disability Law Resources

  • West’s Federal Social Security Laws
  • West’s Social Security Reporting System-containing most of the relevant case law and rulings in this area.
  • The Department of Health and Human Services handbook Rules for Determining Disability and Blindness.
  • A recent guidebook by Charles Hall – a past president of NOSSCR called the Disability Practice Guide.
  • A four volume loose leaf series the Social Security Practice Guide published by Matthew Bender.
  • A good medical dictionary, such as Stedman’s
  • Either a Physician’s Desk Reference or “Drug Facts and Comparisons” manual by Lippincott.
  • Dictionary of Occupational Titles
  • Employment Statistics Quarterly and related publications.
  • CD-ROM Technology
  • Proposed E-Dib folders Board.

35,228 Comments

  1. Mattwibly on July 28, 2019 at 11:21 pm

    Propecia En Hembras Cialis On Line Forum Viagra Und Cialis Generika cialis Zithromax And Sinus Infection Tomar Propecia Priligy 60 Mg Costo

  2. Mattwibly on July 31, 2019 at 11:45 pm

    Valor Del Cialis general pharmacy levitra Levitra 10 Rover Orodispersible Viagra Vente QuСЂВ bec Preis Viagra 50

  3. Mattwibly on August 3, 2019 at 9:31 pm

    Niazagra Online Buspar For Sale Without Rx Dutasteride Overseas Mastercard Accepted cheap cialis When Would Amoxicillin Not Be Effective Order Cipro Online No Prescription Pyridium Phenazopyridine With Next Day Delivery

  4. Mattwibly on August 6, 2019 at 3:45 pm

    Cialis A Buon Prezzo Cialis Para Hombres propecia en andalucia Acheter Cialis Ligne France Online Kamagra Montpellier Stendra Vs Viagra

  61. CindyCrets on September 9, 2019 at 7:42 am

    cialis 10 mg viagra buy generic cialis

  103. CindysfCrets on September 10, 2019 at 6:10 am

    generic cialis tadalafil ed meds cialis for men

  280. CindyxhCrets on September 18, 2019 at 5:25 am

    cialis without prescription cyalis buy cialis

  375. CindypvCrets on September 22, 2019 at 3:20 am

    discount cialis buy cialis

  380. customboxeshub.weebly.com on September 22, 2019 at 7:12 am

    Great info. Lucky me I ran across your site by chance (stumbleupon).

    I have bookmarked it for later!

  386. custom boxes with dividers on September 22, 2019 at 10:41 am

    Hi there to all, how is all, I think every one
    is getting more from tthis website, and your views
    are pleasant designed for new viewers.

  504. CindyptCrets on September 26, 2019 at 4:56 am

    cialis dosage cialis 5mg

  522. CindyqsCrets on September 26, 2019 at 4:46 pm

    generic cialis 20mg viagra cialis super active

  581. CindyrrCrets on September 27, 2019 at 8:44 am

    cialis 20mg buy cialis online