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National Association of Disability Representatives 4 NADR CONFERENCE WRAP UP 7 LEGISLATIVE UPDATE FIRST QUARTER 2018

IN THIS ISSUE:

9 ADR SPOTLIGHT MEMBER : JANE JOHNSON 10 NADR ACTION ITEMS 11 VETERAN MEMBER SPOTLIGHT : PEARL JOYNER-LEE 12 NEW MEMBER SPOTLIGHT : MONTE MACE 13 10 MARKETING TIPS FOR ANYONE 17 2018 NADR BOARD OF DIRECTORS SLATE OF CANDIDATES

NADR NEWSLETTER FIRST QUARTER 2018

I N TH IS ISS U E 3 A NOTE FROM THE PRESIDENT 4 NADR CONFERENCE WRAP UP 7 LEGISLATIVE UPDATE 9 ADR Spotlight : JANE JOHNSON 10 NADR ACTION ITEMS

CONTENTS

11 VETERAN MEMBER SPOTLIGHT : PEARL JOYNER-LEE 12 NEW MEMBER SPOTLIGHT : MONTE MACE 13 10 MARKETING TIPS FOR ANYONE (YES, THAT MEANS YOU) 15 NETWORKING WEEKEND : PROVIDENCE RI, SEPTEMBER 27-30 17 2018 NADR BOARD OF DIRECTORS SLATE OF CANDIDATES 18 NADR BOARD OF DIRECTORS

a Note from the President “Until you know where you have been, you don’t know where you are going”. Attributed in some variation or another to Kennedy, Lincoln, Terry Pratchett, an old English proverb and an ancient eastern sage – this wise advice reminds us to set our course while glancing back at the lighthouse behind us. So let it be with the ship of NADR. Adrift on a sea of doldrums due to a long, grey winter and a discouraging budget proposal, I find my lode star by sighting to the future with trips to The Hill and to SSA Central Office; and to the present with our Annual Law Conference in St. Louis. You will hear much about the former herein from Jeanne Morin, and the latter from Membership Chair, Mary Perry. But I cannot see my way forward without the Lighthouse of NADR Presidents past. In fifth grade I could name the first 6 U.S. Presidents (although I often reversed the order of Madison and Monroe). I was taught that it was important to the future of our

country to know these men and their accomplishments. I carry this basic civics lesson to my perspective on NADR. I can name the first 6 NADR Presidents (although I often reverse the order of Kaufman and Shaw). Not only that, I CAN EAT BARBEQUE WITH THEM! What better way to keep the lighthouse in view?! (Is it possible to navigate while licking your fingers?). Cowan, Kaufman, Shaw, Marois, Whitaker, McDowell, Skinner. Counting my friend Steve, that’s actually seven past presidents I know. I feel it’s crucial to pass their collective knowledge down to our next generation. That’s why I was so thrilled and honored to have lunch with five of these esteemed seven in St. Louis a couple of weeks ago. After finally seeing first hand what sacrifice is required of this position, I was extremely grateful to NADR for giving a nod in their honor. And along with “Mr. NADR”, Art Kaufman, I am working on an idea for all of them to share some of their insight and accomplishments with you. Watch this space! And as I’ve said before, on my bucket list is a meeting of ALL seven full term NADR Presidents. 2019? San Antonio? It could happen! What a blazing lode star that will be!

NADR Past President lunch in St. Louis. Pictured from left to right, Bob McDowell, Art Kaufman, Jim Shaw, Steve Skinner, and Scot Whitaker NADR NEWS | FIRST QUARTER 2018

NADR CONFERENCE WRAP UP First of all, thank you to everyone who attended NADR’s Annual Social Security Law Conference #grandslam in St. Louis! What an amazing week of education and fun! We had almost 50 first time attendees this year, which speaks to the quality of folks entering this profession – they want to educate themselves, so they can better serve claimants. Win-Win, right?! The most impactful part of the conference to me was the service project we hosted on Sunday evening where we compiled over 400 hygiene kits to be delivered to local St. Louis homeless shelters. Phil Litteral, NADR’s President, always says “Be NADR” and to me, watching our group give back in this way, really displayed the spirit of NADR. We are so proud to have incorporated this event into our conference week. Thank you to all the individuals and companies who donated to this important project. Without you it would not have been possible! We kicked off the education part of the conference with a guest speaker many of you may know – ALJ David Hatfield! Judge Hatfield is not only very knowledgeable, but he presents his material with such candor and humor. From VE cross examination

NADR NEWS | FIRST QUARTER 2018

to marketing to mock hearing - two and a half days of education is tough – but we know our conference attendees understand the importance of continuing education and the value it brings to each of their practices. If you learn even one thing new, you more than pay your way. Again, thank you to everyone who agreed to present at the conference. We appreciate your willingness to share your knowledge with us. A rising tide lifts all boats! While we try to out-do ourselves on the President’s Banquet each year, I’m not sure my team will be able to out-do this one! We hosted the event at 360, the rooftop bar and restaurant at the hotel. With a three-hundred-and-sixty-degree view of downtown, we were overlooking the Arch right at sunset and had a

NADR CONFERENCE WRAP UP Mock Hearing Session

(Continued) past president. Thank you, Steve, for all the time you have dedicated to this organization and for the two years you served as our steadfast leader. Additionally, we honored Chris Boggs for his service to NADR as a Director-atLarge. Melissa Smith was our Member of the Year recipient and I can’t think of a more dedicated and helpful member to receive this honor. Melissa single handedly

bird’s eye view of the inside of Busch Stadium. Drinks, food, great company and even s’mores by the rooftop fire pits! It was definitely a unique way to network and talk shop. At the banquet we honored several special people, including Steve Skinner, our immediate

Meet & Greet organized the service project and all the networking day activities. She is local to St. Louis, so she allowed us to ship supplies to her office, she brought us necessities on the fly and did it all with so much passion and love for NADR. Thank you, Melissa! Conference Room NADR NEWS | FIRST QUARTER 2018

NADR CONFERENCE WRAP UP

(Continued)

Last, but certainly not least, I would personally like to thank the NADR Conference Committee for their hard work in planning this event over the last year. Lane Rohrbaugh, Meredith Marcus, Melissa Smith, Carletta Griffin, Kailey Vecchione and Jennifer Lenard – thank you so much. And I would be remiss if I didn’t mention Julie Phelps, specifically. She brings so much energy and insight to the table when it comes to meeting planning – I would be lost without her!

Eva & Julie

While it seems so far away, we will all gather again before you know it. Please mark your calendars for the 2019 conference in San Antonio, Texas, April 3-6. Our host hotel will be the Hilton Palacio Del Rio right on the River Walk. We can’t wait!

Eva Sirman, CAE NADR Association Manager

NADR NEWS | FIRST QUARTER 2018

Randy & Liner

Robert & Tim

legislative update The NADR Legislative Team spent two days in midFebruary meeting with key Hill staff and SSA officials. On Capitol Hill, we met with senior Republican and Democratic congressional staffers on the House Ways & Means and Senate Finance Committees. We expressed our strong opposition to the Administration’s legislative proposal to eliminate fee withholding and direct pay for professional representatives, as well as proposals to cut back benefits, to eliminate reconsideration and to make changes in the way SSI benefits are calculated. Fortunately, these proposed changes would require legislation to be enacted in order to implement; staff indicated that it is unlikely any of these proposals will be taken up in either House this year. House staff indicated that a focus of the Social Security Subcommittee would be the need for a confirmed Commissioner of Social Security. Indeed, the Subcommittee held a hearing in March examining the impact of five years of Acting Commissioners on SSA. Hearings also are expected when the Trustees’ annual report on the status of the

Social Security trust funds is released. That report is supposed to be released on April 1 of each year, but more often is published in June or July. We also met with House and Senate Appropriations Committee staffers, who were optimistic that the recently enacted Bipartisan Budget Agreement would allow for an increase in funding for SSA’s administrative budget over FY 2017. Whether, and if so how, that additional funding would be directed to specific items (i.e., IT modernization) was still under discussion at the time of our meetings. We received good news in late March when Congress passed the FY 2018 Omnibus Appropriations package including $480 million in additional funding for SSA’s administrative expenses over FY 2017 levels. That money help SSA to address the hearings backlog, modernize IT systems and generally carry out its mission. Jeanne Morin NADR Public Policy Advisor

NADR NEWS | FIRST QUARTER 2018

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NADR NEWS | FIRST QUARTER 2018

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ADR SPOTLIGHT jane johnson Tell us about your representative business (size, client load, areas of focus, etc…)? I passed the EDPNA exam in May 2013 and began representing clients in July 2014 as a sole practitioner working from home. I had worked for an attorney for four years and she gave me my first client. From there, my business has grown steadily reaching 175 clients by the end of 2017. In January 2018, I joined forces with local attorney Nancy Huegerich to form Foothills Disability Law. We advertised the new company through letters to former and current clients, letters to providers and referral sources, and a press release to all media in the six-county area we serve. Since January, we have increased our client load to 225 (thank goodness for Prevail)! I handle all client contact and represent clients at the hearings. Nan does case development, writes briefs and AC appeals. Ginny Biesler, a retired RN, helps us with medical records, AFRs, and represents our clients at Medicaid hearings. Our case load is heavy in mental illness claims because my earliest referral source was a mental health professional. I regularly go to the psychiatric ward of a local hospital and do intakes or telephone applications with clients. With the new company, we are diversifying our client base which will be very good for us going forward. How long have you been an ADR? In 2016, as soon as I could afford it, I became an ADR and began monthly donations to the PAC fund at the same time. I like being able to add the “ADR” designation to my signature, but it’s really NADR’s legislative efforts that ADR fees support that are most important to me. I have done extensive

political work in the past and I am keenly aware of the importance of having a voice at the table when decisions are being made. The best way to do that is to hire caring people whose job is to develop relationships with elected officials and work at making our voice heard. NADR’s legislative efforts are strong and I want to make sure we can grow those efforts. How has the ADR designation benefited you? How has it impacted your professional growth? Most recently, the newly approved Federal budget has $480 million in additional funding for SSA’s administrative expenses. That should make everything we all do a little easier, and NADR’s legislative efforts were a big part of the push for that funding. Personally, using the ADR designation shows everyone – clients, judges, SSA personnel, medical providers – that I am a professional who takes her responsibilities seriously. I’m also less stressed by the ongoing rumors and threats of SSA’s demise. I know that I will be informed of important changes and that I am doing my part to keep our industry strong. In what ways do you display/use your ADR designation? I use the ADR designation with every signature, use the logo on my web site and in my emails, and include a brochure in my new client packages. Wherever you see my name, you’ll see the ADR designation!

NADR NEWS | FIRST QUARTER 2018

NADR ACTION ITEMS Action Item (1):

Provide NADR with the points of contact in OHO regional offices if they have issues with interpretations with the Program Uniformity regulation or SSR 17-4p.

Response: You may contact our Regional Chief ALJs directly at the following email addresses: • Boston (Region I) Regional Chief ALJ Aaron Morgan may be reached at Aaron.Morgan@ssa.gov. • New York (Region II) Regional Chief ALJ Aaron Morgan may be reached at Aaron.Morgan@ssa.gov. • Philadelphia (Region III) Regional Chief ALJ Tamara Turner-Jones may be reached at Tamara.Turner-Jones@ssa.gov. • Atlanta (Region IV) Acting Regional Chief ALJ Joan Parks Saunders may be reached at Joan.Parks.Saunders@ssa.gov. • Chicago (Region V) Regional Chief ALJ Sherry Thompson may be reached at Sherry.Thompson@ssa.gov. • Dallas (Region VI) Regional Chief ALJ Joan Parks Saunders may be reached at Joan.Parks.Saunders@ssa.gov. • Kansas City (Region VII) Regional Chief ALJ Sherianne Laba may be reached at Sherianne.Laba@ssa.gov. • Denver (Region VIII) Acting Regional Chief ALJ Melissa M. Santiago may be reached at Melissa.M.Santiago@ssa.gov. • San Francisco (Region IX) Regional Chief ALJ Jennifer Horne may be reached at Jennifer.Horne@ssa.gov. • Seattle (Region X) Acting Regional Chief ALJ Michael S. Kidd may be reached at Michael.S.Kidd@ssa.gov. • National Hearing Center Associate Chief Judge Kathleen Scully-Hayes may be reached at Kathleen.Scully-Hayes@ssa.gov.

Action Item (2):

Provide the list of the seven OHO offices currently conducting PHDCs.

Response: Pre-hearing development conferences are being piloted in the following hearing offices: • New York, NY • Springfield, MA • Philadelphia East, PA • Metairie, LA • Bronx, NY • Creve-Coeur, MO • Philadelphia, PA

Action Item (3):

Provide the guidance to NADR again regarding how we can accept suggestions for on-the-record decisions, and reiterating this concern with our Regions.

Response: For more information about a representative’s ability to recommend a fully favorable decision for his or her clients, we recommend visiting the following ssa.gov site for this process: Recommending a Favorable Decision for Your Client. If a representative has specific issues with certain offices, he or she should refer the issues to the Hearing Office Chief Administrative Law Judge (ALJ) and Regional Chief ALJ for those specific offices.

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VETERAN MEMBER SPOTLIGHT Pearl Joyner-Lee What did you do before you became a representative? Prior to becoming a disability representative, I was a job coach assisting adults with developmental disabilities obtain and maintain employment. I started working as a job coach in the early 90’s during the beginning of “Supported Employment” programs throughout the state of North Carolina. I was initially employed through our local mental health center and later became involved with a consortium program through Alamance Community College and N.C. Vocational Rehabilitation in Burlington, N.C. How long have you been representing clients? I have represented clients for 23 years. What do you enjoy most about this profession? I enjoy meeting people I would not normally come in contact with on a daily basis, if I was not a disability representative. As a result of my profession, I have learned to be grateful for having my basic needs met without much struggle (i.e. food, clothing and shelter). On the other hand, many people I meet have worked hard to buy homes, automobiles, and provide creature comforts for themselves and their families. When a life altering situation shows up in the form of a disability, people’s lives can change drastically and quickly. For the most part, my clients just want someone to listen to their story, have compassion, navigate the system and work on their cases as if I were in their shoes. This profession keeps me grounded and forever grateful to “Jesus Christ” for choosing me to provide services for those in need.

It has been a humbling and rewarding journey I have been blessed to take. How long have you been involved in NADR and how has it impacted your professional goals? I have been involved with NADR for 13 years. When I started this journey as a representative in 2005, I had no one to help me understand how this daunting process really worked. I kind of stumbled my way from day-to day hoping and praying to win cases. Then I discovered NADR, attended my first conference in St. Petersburg, Florida and met people I thought were “disability genius”. In the days before direct payment for non- attorney representatives, I was knocking on doors and running clients down to collect my fees; many times, unsuccessfully. NADR successfully lobbied for direct pay for non-attorney representatives and now, I wait for the checks in the mail. Direct pay for non-attorney representatives was pivotal in my decision to remain in business NADR provides the best networking conferences I have ever attended, both informational and fun. The NADR talk-list is one of the most informative interactive ways of communicating with other NADR members while simultaneously exchanging ideas and valuable tips on how to prepare, appeal and win disability cases. What legislative issue or membership benefit would you like to see NADR focus on/offer in the next few years? Reduce the backlog of cases. Group Health Insurance. Increase representative Fees.

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NEW MEMBER SPOTLIGHT Monte mace What is your vocational background prior to representation? Eight years as Verbatim Hearing Recorder with contracts in Region 7 (Kansas City) and Region 8 (Denver). I had as many as 12 subcontractor VHRs working under me. Before that, I worked in publishing and journalism in Chicago and Kansas City. Served as a magazine publisher and editor, also as a university journalism lecturer. How long have you been a representative? Since August 2017. Thanks to the MSS forms on the NADR website and generous referrals by Brenda Troop and a friend where I live, I was fortunate to win my first two cases. My first case was extremely interesting. It involved an autistic 11-year-old girl who was denied by Missouri DDS. Her twin sister with similar problems was awarded benefits by Kansas DDS. Her mother is a single parent with six children and needs the help. Using the NADR MSS form for children, we were able to get a psychologist to give her marked ratings in four domains and another provider gave her an extreme rating in one domain and marked in two others. Benefits were awarded back to June 2015. How did you get involved in representation? I have been personally interested in disability issues since my daughter was born with spina bifida 40 years ago. That led me to leave a corporate publishing career in order to create publications for the disabled in Chicago. I became a VHR in 2010 and have been involved in 4,000-5,000 hearings in

NADR NEWS | FIRST QUARTER 2018

approximately 10 states, which gave me a bird’s eye view of the hearing process and how judges think (they often speak freely about the case after the claimant/representative leave the hearing room). After a Massachusetts firm won the national contract for hearings across most of the U.S. In 2017, I decided it was time to become a representative. Like most of us, I need to earn a living but I also get a great deal of satisfaction helping people who truly need benefits. What made you decide to become an NADR member? I had heard representatives and vocational experts talk about NADR. I knew I needed to know more about the legal side of disability and hoped to find helpful suggestions or mentors so I joined.. What do you hope to get out of your NADR membership? I want to learn as much as possible about disability representation best practices. I’m using the NADR study guides for the EDPNA test in May and hope to pass it on the first try. I wasn’t sure what to expect from NADR and feared that members might be competitive and unwilling to share their knowledge and experience. I’ve experienced exactly the opposite. I couldn’t ask for a more giving and helpful organization. Local members Brenda Troop and Daryl Rutschmann have been very selfless in offering me guidance.

10 Marketing Tips for ANYONE (yes, that means you) As always, it was a treat to see everyone and present at the NADR Conference in St. Louis. Special thanks to my co-panelists who were so giving of their time and knowledge, Tyson Mutrux and Gary Burger. So the conference was several weeks ago, and we are all now back to the daily grind of being disability representatives. What are you doing to change the outlook for your practice in years ahead? Here are some ideas for you—but remember, start with ONE until it becomes routine and then implement another.

Go to lunch! Successful businesspeople know that the lunch hour should be spent building their

Get Google, Facebook and Yelp reviews. People want to know what others have to say about

Start a newsletter to stay in touch with referral sources and be top of mind with current and former

Think about what makes you different than everyone else doing this work in your community—

network by taking time from the day to meet and dine with potential and existing referral partners. Set a goal to schedule two lunches each week: one with an existing referral source and one with a new potential source of referrals.

you and the quality of your services. Don’t be afraid to ask your clients to review you.

clients. What better way to stand in contact with the thousands of contacts you have. Print newsletters are best, but even an e-newsletter alone will keep you top of mind.

and write about it! There is not a shortage of people selling disability representation. Make sure prospects know why you stand out from the rest. Hint: it’s not about a number of years you’ve been in practice or your no-fee guarantee.

Shoot videos with FAQs and upload them onto YouTube, Facebook and your own website. Videos

Teach! Identify first responders (people who come in contact with your ideal client) and offer to

personalize you to those watching and position you as an expert in the field. They don’t need to be overly “professional” or rehearsed—I do mine using an iPhone and rarely do more than one take.

present to them about disability in a way that allows them to help their own patients/clients when they come with questions. Trust me, this will lead to lots of new referrals.

Make sure you have even a basic website up that personalizes you and has up to date contact

Send a thank you note. Sounds simple enough, but you’d be surprised how few people actually

information so you can easily be found. Websites are the 21st century business card. Studies have shown that millennials on average don’t trust businesses that don’t have a credible web presence.

do it. When you get a helpful medical source statement from a physician, or a doctor’s office manager goes out of their way to help you get last-minute records, send them a quick note letting them know how much you appreciate it. You will not be forgotten!

NADR NEWS | FIRST QUARTER 2018

10 Marketing Tips for ANYONE (Cont) 9

Make sure that the people you see every day know not just who you are, but what you do! Leave business cards like they are going out of style. Don’t expect an immediate return, but for less than one cent a piece, it’s a no-lose proposition.

Don’t forget why you need to market. Maybe you work for someone else who keeps you busy or maybe you think you already have a practice that gets calls without taking extra action— that can stop! Get in the habit of marketing yourself and your profession now so if one well runs dry, another spout opens up.

Michael Liner is a valued NADR member and regularly speaks at our Networking Events and Conferences. His writing has also been featured in the Bar Journal of The Cleveland Metropolitan Bar Association and other legal publications.

NADR NEWS | FIRST QUARTER 2018

Networking Weekend For the last five years, NADR has offered this event to the representative community as an avenue to network in a social environment. This year, Providence, Rhode Island provides the perfect backdrop to unwind with colleagues. Learn how representatives from across the country are dealing with changes in our profession and get inspired to make positive changes in your own business practices! The weekend will get started Thursday evening with a Meet and Greet cocktail reception. The main event will be Friday morning with a group breakfast and networking discussions planned around light educational sessions. Friday evening we will offer an optional group dinner at a local restaurant. Saturday is a free day that will be full of optional activities for you to participate with other attendees if you so choose. Since we'll be in the Northeast in the fall, we will be planning a Fall Foliage tour to include on the optional activity menu! We build blank space into the entire weekend agenda to give you the flexibility to go with the flow and develop spontaneous plans with other attendees or use the time to relax and refocus on your business. We hope to see you there!

Registration Opens May 1st! 16

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2018 NADR Board of directors slate of candidates As directed by the NADR Bylaws, the 2018 Nominating Committee met in January to propose a slate of candidates to fill the following positions: Treasurer, Secretary, and Director at Large (two openings). The Bylaws direct that the immediate past president serve as the Nominating Chair as well as two additional past presidents and two members at large. The 2018 Nominating Committee was made up of the following members: Steve Skinner, Chair, Chris Marois, Scot Whitaker, Shirley Jenks and Michael Liner. The primary goal of the committee was to select members who have expressed an interest in serving on the NADR Board of Directors and who have served the organization through work on various NADR committees to fill the board vacancies for 2018. The Nominating Committee presented the following Slate of Candidates to

the NADR Board of Directors as suggested board members for 2018-2020: Treasurer – Christopher Mazzulli Secretary – Karen Skinner Director at Large 3 – Kelly Blad Director at Large 4 – Melissa Smith These candidates were given an opportunity to address the membership at the Annual Business Meeting held in St. Louis on March 12, 2018. This slate only represents the committee’s selection and nominations from the membership will close on 5/15/18. Click HERE to read the candidate statements from these slated members as well as any other candidates that have been nominated and have agreed to run for a board position.

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a Sirman 2-822-2155 a@nadr.org

lie Phelps 2-822-2155 min@nadr.org

ADR

Box 96503 ashington, DC 20090-6503 one: (202) 822-2155 x (972) 245-6701 eb Site: www.nadr.org

Board of Directors 2017 - 2018

President Philip Litteral, ADR Ashland, KY

Vice President C. Greg Cates, EdD., ADR Memphis, TN

Secretary Barbara Manna, ADR Pittsburgh, PA

Treasurer Michael Wener, ADR Memphis, TN

Director At Large Clifford Berkley, ADR Fullerton, CA

Director At Large Marilyn Hamilton, Esq. Atlanta, GA

Director At Large Christopher Mazzulli, ADR Baltimore, MD

Director At Large Mary Perry, ADR Rochester, NY

Director At Large Randy Persad, ADR Portland, TX

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 | FIRST QUARTER 2018