Q4 Newsletter 2022

A NOTE FROM THE PRESIDENT

Note from the President: Q4 2022

It’s hard to believe I’m halfway thru my term as President and we’ve seen so much happen in what feels like a very short time span. I invite you to listen to the latest NADR podcast series where I discuss many of these changes in a mid-term interview. Some of the highlights include:

- The fee cap being raised to $7,200 (a 1st in 13 years)

SSA local offices reopened to the public

- In person hearings have resumed in part OHO is working with us on an improved CSU experience

- SSA recently made NADR a “secure email partner” where we can submit your delayed fees for a high-level inquiry and resolution.

The missing fees project has been one of many major focuses of my 1st year as president. If our members can’t get paid the fees they earn, a fee cap increase does little to keep them in business. Starting November 1st, you will be able to submit your unpaid fees that are at least 9 months old to a NADR specific email address. We will in turn work with the Office of Customer Service (OCS) to track down the issues and get the fees paid. Stay tuned for more details on how and where to submit your unpaid fees.

In our meetings with OCS, they took the information we presented and have in turn added more staff to the Rep Call Center phones, implemented new ways to identify issues that have been holding up claimant and representative payments, and they met with payment center managers to find problems and emphasized the need for better communication with representatives and follow up on requests. We have already seen improved communication based on recent Talklist discussions from our membership, but there is still a long way for SSA to go. We will continue to work with OCS on ways to improve the process.

Another recent development is our collaboration on common legislative and policy concerns with NOSSCR. As you know, Director at Large Karl Osterhout has recently been elected to the NOSSCR Board of Directors and will serve as liaison between the two organizations to make sure we have a unified voice on items that matter the most to all of our members and claimants.

Speaking of NOSSCR, we were happy to welcome their president David Camp along with 2 other board members Laura Beth Waller and Maren Bam who attended our Networking Weekend in St. Petersburg, Florida at the end of September. The capacity attended event was packed full of education and social interaction where seasoned veterans and new advocates came together not only to learn from each other, but to form those very important connections that make NADR membership so special and valuable.

I was excited to see the enthusiasm of those in attendance and look forward to seeing them and YOU at our next in person event, the 2023 NADR Annual Social Security Law Conference in Denver, CO in early April. Until then, I will see you on the Talklist, webinars, NADR Connect and NADR Mastermind virtual events!

Michael Wener, ADR NADR President

WEEKEND…

A NOTE FROM JIM BROWN

WITHDRAWING AS THE REPRESENTATIVE

I have had several representatives contact me after getting letters from the Office of General Counsel for complaints filed when they withdraw after the hearing has been scheduled. The rules are clear that you should not withdraw after the hearing has been scheduled. 404.1740 (b)(3)(iv). Withdrawal is appropriate for “good cause but the good cause can also be detrimental to the claimant’s best interest.

Twice I have represented attorneys who withdrew after their clients lab records showed they were still using drugs. The clients said they would tell the judge they were not using. The attorneys withdrew because they could not represent a client when they knew the individual was going to lie. The judges filed complaints because the claimants requested continuances to obtain new counsel.

In one instance the OGC attorney agreed to hear the reason without affecting the client’s rights. In the other the OGC attorney refused. At the sanctions hearing the judge agreed to see my proof confidentially and dismissed the sanctions motions.

Too often, however, the withdrawal is because it is just a bad case. That is not a good enough reason! My recommendation:

• Try to get your client to withdraw their appeal. This is the cleanest way to avoid a problem.

• Have your client sign a letter with you saying you are withdrawing because of a difference of opinion as to how to proceed (or something else that shows it is an agreed decision).

This is an easy problem to avoid. After filing a request for hearing, look at ERE. If the case appears to have no chance, call the client. Find

out if anything is missing. Do you know all the doctors and all the conditions? Sometimes, when you look early enough you can take a maybe case and turn it into a claim that can be won. Perhaps psych treatment nine months before the hearing will do it.

If it can’t be won, tell the client to dismiss their appeal. Advise them as to what steps must be taken to proceed with a new claim in the future.

You are doing a disservice to a client to let them think they will get benefits on a claim that can’t be won.

Save yourself the dilemma of wanting to withdraw. Avoid the chance of an OGC letter and perhaps even win cases that may not have been won.

James Mitchell Brown is has represented almost 100 representatives when they receive complaints from the Office of General Counsel. He can be reached at jim@attorneyconsultant.com.

JAMES MITCHELL BROWN ATTORNEY CONSULTANT INC.

I change my clients lives for the better.

WWW.JAMESMITCHELLBROWN.COM jim@jamesmitchellbrown.com

WWW.ATTORNEYCONSULTANT.COM jim@attorneyconsultant.com

216-621-2022 877-621-2022 216-273-7565 fax

PO BOX 22854 Beachwood, OH 44122

KARL OSTERHOUT

ELECTED TO NOSSCR BOARD OF DIRECTORS

The National Organization of Social Security Claimants’ Representatives (NOSSCR) is one of the two trade organizations which provide legal education, legislative initiatives, education, and the ability to network, to over 3000 attorneys and nonattorney representatives who advocate for Social Security disability claimants. As of September 1, NADR Board member Karl Osterhout has been elected to the NOSSCR Board of Directors, becoming the first person to serve on both Boards.

Asked why he desired both appointments, he states, first, that both organizations serve very vital roles in the advocacy of disabled individuals and he has enjoyed and benefited immensely from his membership in both, especially NADR, as offering significant opportunities for learning and networking. However, for complicated historical reasons, NOSSCR and NADR have not worked together very much on issues common to both; Karl’s “stump speech” to NOSSCR’s members during the election, and to the NADR Board, was that in addition to feeling strongly about giving back to organizations that have been so critical in his professional development will act from his dual Board roles as a liaison between the two organiza tions, looking for ways to work together. Karl added:

“While NOSSCR and NADR have different focuses, at NOSSCR with attorneys and at NADR with non-attorneys, the reality is that NOSSCR has nonattorney members, and vice versa. While these differences in emphasis are critical to each organization, the fact remains that there are many ini tiatives out there we can easily agree upon (free/low cost medical records; SSA’s permanent agreement to accept e-signatures; “Stop the Wait” (eliminating or reducing the long ago antiquated five month waiting period during which claimants are not paid benefits even though they are disabled)). And it’s definitely time to pull together to achieve these victories for our clients and our practices.”

Karl’s first Board meeting with NOSSCR is on September 9.

It’s Easy to Purchase NADR On Demand Content!

You can either access our on demand store from our website or you can go directly to https://nadr.retrieve.com/ store/#/!

Current Titles

We are constantly adding new content every month! Here’s what’s currently available!

At Disability Health Advocates, we specialize in teaching Social Security Disability firms and non-attorney representatives how to earn significant additional income by educating their clients about the Medicare Health Plan that best fits the client's needs. We teach you how to help your clients in a transparent and ethical way, while remaining compliant with all State and Fede ral guidelines.

Original Medicare does not include prescription coverage, and leaves the SSDI recipient responsible for large deductibles and 20% of all medical costs. Fortunately, there are additional health plans available to Medicare Beneficiaries at li ttle to no additional cost, above what they pay for original Medicare. That’s where you come in!

This presents an excellent income strea m opportunity for you , because you would receive $573 ($715 in CA & NJ, $646 CT, DC, PA) first year as well as a $287 ($358 in CA & NJ, $332 CT, DC, PA) annual renewal for each of your clients that you help enroll into a plan. Not only are you providing your clients with an additional, and much needed service, but you are also add ing significant income to your bottom line. We provide complete training and ongoing support at no cost to you!

Complete the Circle of Service, contact us today!

o: 801.990.2900 c: 801.244.6584 www.disabilityhealthadvocates.com

Michael Wener, ADR Memphis,

President Christopher Mazzulli, ADR Baltimore, MD

Requirements Over

Course 2 & Course 3

to the Point": Writing a Prehearing Memo that Gets the ALJ's Attention, Presented by Lindsay Osterhout

Clifford Berkley, ADR Fullerton,

Roundtables: Exploring a Wide Range of Relevant Topics, Virtually and In Person

Slow Your Roll: Mindfulness for Fast Times, presented by Greg Graber

The Current State of Disability Representation

What Would You Do? Presented by Professor Robert

Is Success at the Appeals Council Possible? presented by Sarah Bohr and Linda