2021 NADR Q2 Newsletter

TOTAL INTERACTIONS AT

29,6

Taps, Views and Votes Cast in Chime

KEY ENGAGEMENT METRICS

AUDIENCE INTERACTIONS

236

125

Attendees Logged-On

1,316

Average Interaction Per Attendee

Live Stream Views

839

Biography Views

TOP CONTENT INTERACTIONS

Schedule

3,479

Networking

2,062

Agenda Views

342 EDPNA Requirements Over Breakfast: Course 2 & Course 3 200 "Get to the Point": Writing a Prehearing Memo that Gets the ALJ's Attention, Presented by Lindsay Osterhout

Session

1,838

Speakers

1,351

160 Representative Roundtables: Exploring a Wide Range of Relevant Topics, Virtually and In-Person 159 Keynote: Slow Your Roll: Mindfulness for Fast Times, presented by Greg Graber

Ask A Question

1,141

Exh

Live Polling

1,

1,116

134 Keynote: The Current State of Disability Representation 117 Ethics: What Would You Do? Presented by Professor Robert Rains Is Success at the Appeals Council 110 Possible? presented by Sarah Bohr and Linda Cosme

Live Stream Unique Vie

117

General S

NATIONAL ASSOCIATION OF DISABILITY REPRESENTATIVES

SECOND QUARTER 2021

IN THIS ISSUE:

3

A NOTE FROM THE PRESIDENT

4

ST. PETE

5

KO WEBINAR ARTICLE - STOP LOSING STEP 4

6

FEE CAP

7

VE CROSS EXAMINATION WEBINAR

9

NETWORKING 2021 AGENDA

CONTENTS

NADR NEWSLETTER SECOND QUARTER 2021

IN THIS ISSUE 3

A NOTE FROM THE PRESIDENT

4

ST. PETE

5

KO WEBINAR - STOP LOSING AT STEP 4

6

FEE CAP

7

VE CROSS EXAMINATION WEBINAR

9

NETWORKING 2021 AGENDA

A NOTE FROM THE PRESIDENT Will the payment centers become efficient in processing fees?

My musings have ended.

I can assure every NADR member that the NADR Board of Directors and the Legislative Committee ask these questions on a regular basis and we will continue to pursue answers that make sense for our members and clients.

Greetings NADR ColleaguesAs I write, I am trying to absorb the scope of our current situation. I am hopeful that the pandemic news continues to improve and the work of our members returns to a rewarding occupation. Our services are based on providing hope and financial stability for many individuals. The most recent pandemic news should provide hope for all of us that processes and activities at SSA will soon be returning to something resembling normal.

But it will likely be a new normal for our clients and us. I cannot foresee a disability advocate practice that resembles what we knew before mid-March 2020. I do, though, hope that the provision of Social Security services evolves or develops into a more friendly claimant and representative process.

As always with our line of work, we have many more questions than answers.

Here are a few: Will Congress finally address the need for stability of the Social Security Trust Fund?

Will the work of Senator John Larson and his collaborators restore some faith in the Social Security disability process?

Will the Central Scheduling Unit become a workable process that solves more problems than it creates?

Will Field Offices reopen and provide efficient/effective services to our clients?

How many more tasks will be reassigned from SSA to representatives’ offices?

How long will it be before Congress realizes that SSDI benefits do not come out of the general fund and that they are actually investments by US workers?

Are phone/video hearings going to continue indefinitely?

NADR NEWS

Thank you for your continued support of NADR. Our goal is to be a support system for you, even during the most challenging of times.

Sincerely, Greg Cates NADR President

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SECOND QUARTER 2021

FEDERAL COURT PRACTICE

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NADR NEWS

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SECOND QUARTER 2021

KO WEBINAIR STOP LOSING AT STEP 4 Karl Osterhout says there is no dishonor in using scripts in hearings. His webinar “Stop Losing at Step 4” was full of scripted questions to use during vocation cross-examination. He spent a lot of time discussing the “real life cross” which is described as using what representatives already know from personal experience to ask questions about jobs. See the following excerpt from the webinar materials highlighting the real life cross: So, then ask this question, and you need to ask them individually: You heard the claimant describe today the specific tasks associated with being [a retail manager], and you testified that the maximum requirement of that job was [heavy work] lifting requirements associated with the job as he performed it. Does this description, in general, seem consistent in the real work world with how this job is performed?

Whether the answer is yes or no, Would it be fair to say, then, that most or even all retail managers have days at work when they have to: [stand/walk all day], [lift more than 20 pounds], [reach overhead more than occasionally], [[stooping] [kneeling] [crouching] more than occasionally], [would be unable to perform all their job tasks if they use a cane to stand/walk, and therefore only had one hand available] even if only rarely?

If the VE’s answer is yes, then shut up and go home and write your post hearing memo, which will be that the VE testified that the claimant’s job is not generally performed as described in the DOT (on this one, I just like to use the dictionary definition of “generally” performed as “generally” has to mean more than 50%, and the VE’s testimony establishes the opposite) and that he must win based on the only RFC presented to the ALJ because of age, education and PRW. When the answer is no, first PUSH, gently: Is it your testimony, then, that people who perform the job of retail store manager NEVER have to perform tasks like those described by the claimant?

If still no, I tend to push harder: Never, EVER? We thank Osterhout Berger Disability Law for sponsoring this webinar! If you missed it and would like to purchase the webinar, please go HERE. NADR NEWS

5

SECOND QUARTER 2021

UPDATE ON NADR’S FEE CAP INCREASE DISCUSSION WITH SSA Update on NADR’s Fee Cap Increase Discussion with SSA SSA recently reached out to NADR in response to Greg Cates’ April 27th letter to Commissioner Saul asking that he use his administrative authority to raise the cap on representative fees. They said that the Commissioner recognizes that good representation is vital for the claimant and that representatives are due adequate compensation for their work, and acknowledged that SSA and NADR have a mutual interest in a business relationship and a partnership in serving our mutual clients. They know that the fee cap has not been raised for a while and indicated that the Commissioner is not opposed to increasing the cap. At the same time, they want to look at the fee model and the hearings model more broadly to see what works best for the claimant, the representatives and the agency. They asked us to give them a business proposal including other changes that would improve service delivery and that takes into consideration all parties’ interests.

Among the issues they asked us to think about are scheduling improvements; the availability of representatives for hearings; obtaining and submitting evidence; timely submission and payment of fee petitions; and IT improvements to quickly associate the 1696 with the claimant file. They requested that representatives recognize that under the current system - which they are working to change - it can take 2-3 weeks to process a 1696. They noted that re-faxing the 1696 multiple times only adds to the problem. Instead, noting that local Field Office numbers are now on the website, they asked that representatives call to inquire about the status of a 1696 rather than re-faxing, and ask to talk to the manager if the issue isn’t resolved.

SSA indicated that this session was to first of a series of discussions they hope to have in the next 30 days in order to develop a set of short-term, tactical cooperative actions to improve the process. We look forward to continuing these discussions and to the prospect of SSA’s timely action to address the fee cap.

Jeanne Morin NADR Public Policy Advisor

NADR NEWS

6

SECOND QUARTER 2021

VE CROSS EXAMINATION: OVERCOMING THE USUAL UNSKILLED SEDATARY/LIGHT OCCUPATION Do you struggle with thinking fast enough to do a thorough cross of the VE even though you get the same jobs over and over? Meredith Marcus, Esquire, gives NADR members a solution in her webinar “VE Cross Examination: Overcoming the Usual Unskilled Sedentary/Light Occupations.” Her solution: Job sheets. Meredith shows us how she studies each job and develops a cheat sheet, including direct questions for the VE, that she can quickly pull and use at the hearing. In the webinar, you’ll walk step-by-step through Meredith’s process using and understanding her primary sources to develop job sheets for Cleaner Housekeeping, DOT 323.687-014, L/SVP 2; Assembler, DOT 706.684-022, L/SVP 2; and Document Preparer DOT 249.587-018, S/SVP 2. Meredith’s techniques can be used to build your own sheets for the jobs you see most often, and you can go into your hearings better prepared to question the VE. C. Jane Johnson, ADR, assisted with this webinar and is gathering job sheets from participants as they create them to put together a package that will be available on the NADR website when completed.

If you missed this great webinar, it is now available HERE.

NADR NEWS

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SECOND QUARTER 2021

NADR NEWS

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SECOND QUARTER 2021

NADR NEWS

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SECOND QUARTER 2021

NADR NEWS

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FORTH QUARTER 2020

Sarah Bohr’s Pocket Guide TE to Social Security Disability Law - 6th Edition

Sarah Bohr’s Pocket Guide to Key Social Security Rulings - 12th Edition

ONLY

105

$

DOWNLOADABLE VERSION

NEW 2020 EDITION!

• Provides an overview of key provisions of Social Security disability law, including the 2017 regulations abolishing the treating physician rule & expanding acceptable medical sources • Includes a discussion of the key Rulings through SSR 20-01p, including SSR 19-2p regarding obesity, SSR 19-4p regarding headaches, and SSR 20-01p regarding education • NEW sections on "Headaches" and "Fraud and Similar Fault Redeterminations" and updated sections on education, obesity and administrative procedural issues • Includes a detailed discussion of the "Lifetime Commitment to a Field of Work" exception to the Grids

T HAPPEALS CI R CUI WINNING I T Y CA COUNCILCUR ARGUMENTS 9TH016 EDITION UP D A

105

DOWNLOADABLE VERSION

NEW 2020 EDITION!

• Annotates 88 key Social Security Rulings used in Social Security disability cases through new SSR 20-01p addressing education • Provides a synopsis of key rulings dating back to 1968 • Includes, for the first time, a brief summary of all active Acquiescence Rulings by circuit • Includes helpful charts: Chart of Rulings by Subject Area, Chart of Acquiescence Rulings by Circuit and Child's SSI Charts by Domains • Highlights which rulings were repealed and date of repeal • A handy guide to take to hearings and use when writing arguments

ONLY ELEVENTH CIRCUIT L E VE NT H CI R CUI T SOCI AL $ E

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SOCIALSE SECURITY CUR I T Y CASES CASE S 2020 UPDATE 2016 UP D E

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2019 UPDATE!

210

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NEW 2020 EDITION!

• NEW section containing Appeals Council and federal court remand charts by topic, Agency Memoranda, Appeals Council Writing Tips, and more!

• Includes over 200 PAGES of updated pattern arguments by topic • Addresses recent regulatory changes, key rulings & updates HALLEX cites • Updates AC letter briefs and adds 20 new AC memoranda or briefs.

• Helpful tips in writing arguments to the AC as well as to ALJs and federal courts.

• Annotates over 150 new cases since the last Update!

• NEW sections on EAJA fees and 406b fees • NEW! Includes key Supreme Court cases addressing Social Security and attorney fee issues • Annotates published & unpublished 11th Circuit cases and published district court cases over the past 30 years through 9-15-20 • Widely used by members of the federal judiciary in the Eleventh Circuit

NADR DISCOUNT: $10 off each book for online orders only: Use coupon code: NADR2021

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www.SarahBohrPub licati

Sarah Bohr

Pocket Gui

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WINNING AP PEALS COUNCIL AR GUMENTS 9T H EDIT IO N

ELEVENTH CI RCUIT SOCIAL SECU RITY CASES 2020 UPDATE

by Sarah H. Bohr

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www.SarahBohrPublications.com NADR NEWS

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SECOND QUARTER 2021

NADR MENTORING GUIDE Automated Intake

(For MENTO R

S and MENT

Contact & Matter Management

EES)

SSA Merge Forms Included Automatic SMS/Text Messaging Manage Tasks & Appointments Web-Based Intake Questionnaires New and Improved Calendar Options Integrates with Outlook Includes the SSD Claim Process

Board of Director s 2014-2015

Track Time, Fees, & Costs

President Robert McDowell Elizabethtown, KY

Medical Records Management

Vice President Steve Skinner Redding, CA

Multiple Law Types Included

Mentor Guide Sub-Committee, Earline

Secretary Philip Litteral Ashland, KY

QuickBooks Integration

Marchand, and the following folks on her

Treasurer Michael Wener Memphis, TN

Committee for their hard work on the production of the NADR Mentoring Guide.

Directors-at-Large Karen Starr Grand Rapids, MI Greg Cates Memphis, TN

Please consider signing uptio as a Mentor or a NADR Na

Patty Sexton Wauna, WA

Mentee after

Barbara Manna Pittsburgh, PA

Administrators Eva Sirman 202-822-2155 eva@nadr.org Julie Phelps 202-822-2155 admin@nadr.or g

NADR

NADR NEWS

nal Office PO Box 96503 #3 0550 Washithrough reading the guidelines. ngton, DC 2009 0-6503

We are hopeful that this will be another

NADR National Offi ce

Robin Ventura (866) 367-7919 | rventura@prevail.net

NADR would like to thank the chair of the

PO Box 96503 Washington, DC 20090-6503 Phone: (202) 822 -2155 Fax (972) 245-67 01 Web Site: www.n adr.org

13

invalualbe NADR member benefit.

Mentor Guide Sub-Committee Earline D. Marchand Carol Balderee Sherrell Rodgers Steven Gragg Brandy Bowdry Dedra Wood SECOND QUARTER 2021

Ta

BOARD OF DIRECTORS

KEY ENGAGEMENT METRICS

125

AUDIENCE INTERACTIONS

2020 - 2021

236

Attendees Logged-On

1,316

Average Interaction Per Attendee

Live Stream Views

TOP CONTENT INTERACTIONS

Schedule

President 3,479 C. Greg Cates, EdD., ADR Agenda Memphis, TN Views

Session

Networking

Vice President 1,838 2,062 Michael Wener, ADR Memphis, TN

342 EDPNA Requirements Over Breakfast: Course 2 & Course 3 200 "Get to the Point": Writing a Prehearing Memo that Gets the ALJ's Attention, Presented by Lindsay Osterhout

Speakers

Ask A Question

Secretary 1,141 1,351 Clifford Berkley, ADR Fullerton, CA

160 Representative Roundtables: Exploring a Wide Range of Relevant Topics, Virtually and In-Person 159 Keynote: Slow Your Roll: Mindfulness for Fast Times, presented by Greg Graber

134 Keynote: The Current State of Disability Representation 117 Ethics: What Would You Do? Presented by Professor Robert R Is Success at the Appeals Coun 110 Possible? presented by Sarah B and Linda Cosme

Treasurer Christopher Mazzulli, ADR Baltimore, MD

Director At Large Kelly Blad, ADR Cook, MN

Director At Large Melissa Smith, ADR St. Louis, MO

Director At Large Meredith Marcus

Director At Large Sherrell Rodgers

Director At Large Carl Groves

NADR News is published by NADR and is the property of the National Association of Disability Representatives. Copyright 2016, NADR. The articles appearing in the NADR News do not necessarily reflect the opinions of NADR. The accuracy and content of each article is the responsibility of the individual writer.

NADR NEWS

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SECOND QUARTER 2021