Social Security Disability Advocate's Handbook

Knowledgeably and effectively challenge vocational testimony with this book's pattern questions and supporting data and learn how to attack other data sources used by vocational experts.

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REVISION 16 HIGHLIGHTS

This 16th revision of Social Security Disability Advocate’s Handbook introduces co-author David Ferrari—who has represented more than 1,133 claimants at Social Security Administration disability hearings in 46 states and D.C. during his career—joining long-time author David Traver in updating the work to reflect the extensive changes made to streamline the Process Unification Rulings, and to Social Security disability rules and case law.

NEW AND UPDATED FORMS

  •  §104.1a Form for Notice of 404.1512(a) Medical Records not Submitted Five Business
    Days Before the Hearing
  •  §1510.2.3 Sample Vocational Report Regarding U.S. Publishing Data

NEW AND UPDATED TEXT

Chapter 1

  • §101.1 Changes Keep Coming. Discussion regarding updates to and applicability of the
    Process Unification Rulings in light of rescinded SSRs. [NEW]
  •  §104.1 Practice Tip. Discussion on regulations concerning submission of all evidence and
    time to submit evidence in support of claims.
  •  §104.11 Commandments in SSR 16-3p [NEW]
  •  §104.12 Commandments in SSR 17-2p [NEW]

Chapter 2

  •  §206.3 Kisor v. Wilkie. Discussion of the possible impact of the Supreme Court’s
    decision concerning Federal Circuit interpretations of ambiguous language in regulations
    and the limitations the Kisor decision imposes on the Auer v. Robbins deference
    doctrine. [NEW]
  • §208.7 Smith v. Berryhill and filings to the Appeals Council. Discussion on the impact of
    the Supreme Court’s decision concerning the timeliness of appeals. [NEW]
  • §208.8 Lucia v. SEC and obtaining remands from the Appeals Council or Federal District
    Court. Discussion of the Lucia decision and resulting SSR 19-1p in which the SSA
    acquiesced that all cases decided by ALJs before July 16, 2018 and are pending before
    the Appeals Council are subject to a new hearing with a new ALJ. [NEW]
  • §210.8 National or Regional Cost of Living. Discussion on cost of living calculations in
    applications for the EAJA fee. [NEW]
  • §212.2 Culbertson v. Berryhill. Discussion of the impact of the Supreme Court’s decision
    concerning reasonable fees for representing SSA disability cases. [NEW]

Chapter 3

  •  Recent SSRs [NEW]. Discussion on new SSRs of note.
  • o §303.1 SSR 16-1p Titles II and XVI: Fraud and Similar Fault Redeterminations
    Under Sections 205(u) and 1631(e)(7) of the Social Security Act
  • o §303.2 SSR 16-4p Titles II and XVI: Using Genetic Tests to Evaluate Disability
  • o §303.3 SSR 17-1p Titles II and XVI: Reopening Based on Error on the Face of the
    Evidence – Effect of a Decision By the Supreme Court of the United States Finding
    a Law That We Applied to Be Unconstitutional
  • o §303.4 SSR 17-3p Titles II and XVI: Evaluating Cases Involving Sickle Cell Disease
    (SCD)
  • o §303.5 SSR 19-3p Titles II and XVI: Requesting Reconsideration or Hearing by an
    Administrative Law Judge
  • o §303.6 SSR 19-4p Titles II and XVI: Evaluating Cases Involving Primary Headache
    Disorders

Chapter 5

  • §500.2 Who is a Medical Source? Discussion on acceptable medical sources (AMS).
  • §514 The Agency’s Duty to Develop the Record, Per SSR 17-4p. Discussion on
    regulation changes effective March 27, 2017 that reduced the Agency’s obligation to
    develop the record.
  • §515 82 FR 15263, New Regulations. Exploration of the impact of 82 FR 15263 (which
    went into effect March 27, 2017) and its effect on SSRs. [NEW]

Chapter 6

  • §§607-608.1. Discussion on rescinded SSR 96-4p.
    Chapter 9
  •  §908.1 Few Cases Address SSR 17-2p. Exploration of cases that apply SSR 17-2p. [NEW]

Chapter 10

  •  §1000 Purpose of SSR 16-3p Versus Rescinded SSR 96-7p. [NEW]
  •  §Obesity. Discussion of rescinded SSR 02-1p and its replacement SSR 19-2p. [NEW]

Chapter 13

  • §1302.1 Chavez v. Berryhill. Exploration of circuit court decision and interesting
    discussion on the unreliability of vocational expert testimony concerning analysis of job
    numbers using the equal distribution method. [NEW]

Chapter 14

  • §1911 Biestek v. Berryhill. Discussion on Supreme Court decision that no categorical
    rule requires a vocational expert to provide copies of her paperwork used to present job
    numbers in order for her opinion to be substantial evidence that supports an
    unfavorable decision. [NEW]

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Table of contents

  • Chapter One: Introduction
  • Chapter Two: Standards of Review and Federal Court Remedies
  • Chapter Three: Topical and Sequential Evaluation Outlines
  • Chapter Four: SSR 96-1p: Application by the Social Security Administration (SSA) of Federal Circuit Court and District Court Decisions
  • Chapter Five: SSR 96-2p: Giving Controlling Weight to Treating Source Medical Opinions
  • Chapter Six: SSR 96-3p: Considering Allegations of Pain and Other Symptoms in Determining Whether a Medically Determinable Impairment Is Severe
  • Chapter Seven: SSR 96-4p: Symptoms, Medically Determinable Physical and Mental Impairments, and Exertional and Nonexertional Limitations
  • Chapter Eight: SSR 96-5p: Medical Source Opinions on Issues Reserved to the Commissioner
  • Chapter Nine: SSR 96-6p: Consideration of Administrative Findings of Fact by State Agency Medical and Psychological Consultants and Other Program Physicians and Psychologists at the Administrative Law Judge and Appeals Council Levels of Administrative Review; Medical Equivalence
  • Chapter Ten: SSR 96-7p: Evaluation of Symptoms in Disability Claims: Assessing the Credibility of an Individual’s Statements
  • Chapter Eleven: SSR 96-8p: Assessing Residual Functional Capacity in Initial Claims
  • Chapter Twelve: SSR 96-9p: Determining Capability to Do Other Work—Implications of a Residual Functional Capacity for Less Than a Full Range of Sedentary Work
  • Chapter Thirteen: The Role of Reliable Vocational Information at the Social Security Administration
  • Chapter Fourteen: The Dictionary of Occupational Titles, Structure, History, Reliability, and Validity
  • Chapter Fifteen: Other Sources of Vocational Data
  • Chapter Sixteen: Vocational Information and Analysis at Step Four of the Sequential Evaluation Process
  • Chapter Seventeen: Vocational Evidence at Step Five of the Sequential Evaluation Process
  • Chapter Eighteen: Transferability of Skills Analysis
  • Chapter Nineteen: Attacking Vocational Expert Testimony
  • Chapter Twenty: Vocational Expert Testimony on the Number of Jobs Available at Step Five
  • Appendix
  • Index to Rulings
  • Index to Book