PA 350 – Social Security Disability Law – Unit 6 Hearing and Appeal

This Week's Seminar Agenda Administrative News and Notes Substantive Review of Units 1-4; Preview of Units 6-9; In-Depth Survey of Unit 6 Content; Preview of Remaining Writing Assignments Final Comments

Review of First Four Units Unit 1 Trace the history of the social security administration. Identify the different types of social security benefits available. Identify relevant issues in a social security disability claim. Unit 2 Articulate the changes to the social security disability claim process. Differentiate between the previous claims process and the new process. Complete the paperwork needed to file a claim. Unit 3 Understand and identify the five steps of the sequential evaluation process. Determine relevant medical listing for a claimant. Apply relevant medical listings to a claimant’s case. Unit 4 Identify differences advantages / disadvantages of fee petitions and fee agreements. Determine who can represent a social security disability claimant.

Preview of Remaining Four Units Unit 6 Explain the importance of the administrative hearing to a claimant’s case. Request a hearing for your claimant. Describe the typical hearing format. Prepare for an administrative hearing. Unit 7 Identify the importance of a claimants’ past work experience. Describe the role of the Vocational Expert (VE) during an administrative law hearing. Find and the importance of occupation titles. Unit 8 Articulate the new appellate procedures recently initiated by the Social Security Administration. Identify the major parts of an Administrative Law Judge’s decision. Identify whether your client must appeal within the agency or a court. Unit 9 Identify when a drug and alcohol addiction may make a claimant ineligible for disability benefits. Reopen a claimant’s prior case. Explain what a claimant can expect in the event of an overpayment.

Summary of Unit 6: Hearing and Appeal A hearing before an Administrative Law Judge (ALJ) is often the first time a claimant will actually have a face-to-face encounter with a decision maker on the claim for disability benefits. The hearing before the Administrative Law Judge is also the last step in the claims process, barring an appeal. Thus, proper preparation for a hearing before the ALJ is essential.

Outcomes for Unit 6 Explain the importance of the administrative hearing to a claimant’s case. Request a hearing for your claimant. Describe the typical hearing format. Prepare for an administrative hearing.

Unit 6: Hearing and Appeal (1) Chapter 14: The Hearing Process (1) Questions and Considerations Request for Hearing Form Possible Outcomes

Unit 6: Hearing and Appeal (2) Chapter 14: The Hearing Process (2) – The Course of a “Normal” Hearing Opening Statement Direct and Cross-Examination of Witnesses Closing Sample Problems

Unit 6 Discussion Board Administrative Law Hearing Waiver A claimant has the ability to waive a hearing before an Administrative Law Judge by checking the appropriate box on the Request for Hearing form (Form HA-501, see figure 14- 1, page 245 of your text). Would any claimant forgo a face to face hearing with the administrative law judge? If you think they would, why do you think they would? Administrative Law Judge What are the differences between an Article 1 Judge, such as an Administrative Law Judge for the Social Security Administration and an Article 3 Judge, such as a Federal District Court Judge? (Note: we’re talking about Articles 1 & 3 of the U.S. Constitution.) Please respond to at least two of your classmates' posts.

Unit 6 Assignment Mickey McDivet has received a date for his “day in court.” His hearing before an Administrative Law Judge, Judge Dredd, is set for next week and you are in the process of reviewing his file. After reviewing the information on “The Course of a ‘Normal’ Hearing” on pages 247 & 248 in your text, prepare: (1)an opening statement; (2)a list of 10 issues you want to raise during direct examination; (3)a list of 5 issues you anticipate being raised under cross-examination; and (4)a closing statement."

Unit 7 Assignment – 100 points The following is the job title and occupational information for a Professional Athlete from the Dictionary of Occupational Titles as promulgated by the Department of Labor. Participates in professional competitive athletic events, such as football, boxing, and hockey, to entertain audience: Exercises and practices under direction of ATHLETIC TRAINER (amuse. & rec.; education) or COACH, PROFESSIONAL ATHLETES (amuse. & rec.) to train for sport. Plays game and engages in sport conforming to established rules and regulations. Athletes are identified according to professional sport in which engaged. May speak, as representative of team or professional sports club, to groups involved in activities, such as sports clinics and fund raisers. After reviewing the job title and occupational information for an athlete such as McDivet, discuss McDivet’s claim with respect to work tasks, knowledge, skills, abilities, work activities, work context, interests and work values in a memorandum to your supervising attorney. [Note – on-line course assignment page has an active link to occupational info.]

Unit 8 Assignment – 100 points For the purposes of this unit only, assume that McDivet received a decision denying benefits from the ALJ, Judge Dredd, who heard his case. Further, assume your supervising attorney properly filed an appeal to the DRB and that she has just received a negative decision from the DRB. Your attorney is considering an appeal to federal court and wants to know what standard of review the court will apply in reviewing the case. Using Lexis Nexis or Westlaw (or Google Scholar), search federal court cases and identify the standard of review a district court will use when reviewing an appeal of an Administrative Law Judge’s decision. Describe the standard of review and list five cases that identify this standard in a memo format.

Unit 9 Assignment – 200 points For the purposes of the final exam, assume Judge Dredd has not previously issued a decision in this case. Judge Dredd has been very impressed by your representation of Mr. McDivet. Moreover, Judge Dredd is an extremely busy judge and has remarked to you that he has been “swamped with cases.” In an effort to lighten his case load, he has asked you to prepare a draft of a fully favorable decision for McDivet. After reviewing Chapter 19, and paying particular attention to the format for a fully favorable decision on pages , prepare a draft decision for the Judge. You may provide any necessary information such as dates and medical information that are not found in the court file. Your draft decision should include the following sections: procedural history, issues, evaluation of the evidence, finds and decision. The draft decision should be between 1500 and 2,000 words.

Unit 6 To-Do List Read Wolfe & Proszek Chapter 14 Review Unit 6 Key Terms Respond to the Discussion Board - 16 Points Attend the Weekly Seminar - 4 Points Complete and Submit the Unit 6 Written Assignment Points

Preview of Unit 7: The Role of the Vocational Expert As you will recall, in Unit 3 we discussed “The Five-Step Sequential Evaluation Process." Step 4 of the 5-Step process related to the past relevant work of the claimant. As your text notes on page 148, “At Step 4 the question specifically concerns whether work performed within the past fifteen years can now be performed, measured retrospectively from the date of the hearing.” If the claimant can return to his or her past work, the claimant will be deemed NOT disabled. Naturally, Step 4 is very important to the outcome of your case.

Good Evening! See you next week for: Unit 7: The Role of the Vocational Expert