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Social Security Disability Practice

Publisher: James Publishing

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eBook :epub
ISBN: 9781945421402
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Social Security Disability Practice

What to Do and How to Do It

Detailed guidance is important when navigating the hidden rules, obscure interpretations, and frequent delays common to Social Security disability cases.

Turn to Tom Bush's Social Security Disability Practice when challenges or questions arise. This 1000-page masterwork covers the waterfront of social security disability practice:

•   Selecting good cases.
•   Determining the basis for denial, and common erroneous reasons for denial.
•   Comparison of Social Security disability and SSI.
•   Obtaining and dealing with medical and vocational opinion evidence.
•   Impairment-specific RFC questionnaires.
•   Issues commonly arising in hearings.
•   Preparing claimants and witnesses to testify, including questionnaires and letters.
•   Specific and detailed hearing questions for claimants, witnesses, and experts.
•   Proving inability to do unskilled sedentary work, including cross-examination questions.
•   Using the Medical-Vocational Guidelines as framework for decision-making, with charts, questions for the vocational expert, and court decisions.
•   Res judicata and reopening applications.
•   Index of key rulings.
•   Calculating back benefits, with worksheet.
•   Payment issues and solutions, with directory of contact information.
•   Developing a legal theory for appeal, with checklist and sample briefs.
•   Attorney fee issues and solutions.
•   And much, much more.
Considered by many to be the most practical work in the field, Social Security Disability Practice is chock-full of practice-proven forms.

Developed by author Tom Bush for his own office, these forms will save you hours and improve your advocacy. Just a few of the tips found in the helpful charts, appendices and forms include:

•   Use "Maximum RFC Permitted for Disability Finding" to quickly determine what exertional limitations a claimant must have in order to win a disability case.
•   "Social Security Disability and SSI Compared" summarizes differences between the two programs.
•   "Physical Limitations and Their Effects on Ranges of Work" will help you understand specific medical restrictions.
•   Author Tom Bush keeps a copy of "Different Standards of Transferability for Different Ages" in his briefcase for questioning vocational experts at hearings.
•   Begin your research on disability issues with "Guide to Important Social Security Rulings and Acquiescence Rulings."
•   Prepare for cross-examination with "Medical Expert Handbook," "Vocational Expert Self-study Guide" and "Vocational Expert Handbook" excerpts from manuals given by SSA to medical and vocational experts.
•   Vocational experts frequently testify with questionable validity that they know from "experience" of unlisted jobs that qualify as Unskilled Sedentary Occupations. Use this Dictionary of Occupation Titles list together with Tom Bush's recommended cross-examination questions to shoot them down.
•   "The Advocates' Conflicting Obligations Vis-a-vis Adverse Medical Evidence in Social Security Proceedings" tackles the ethical issue that haunts all practitioners—must you submit an adverse medical report?
•   "Sources of Information" provides summaries, critiques, and ordering information for dozens of other helpful resources.
•   The telephone intake form helps screen out frivolous cases, and the claimant questionnaire, while lengthy, is a real attorney timesaver. Accompanying client letters and memos reduce the number of common client questions you have to answer.
•   Overcome low back pain denials with maximum detail and explanations from the treating physician using the "Lumbar Spine RFC Questionnaire."
•   "Activities Questionnaire," sent a few days before the hearing, can help claimants think about how their impairments have changed their lives.
•   With these model questions, show that the vocational expert's testimony about the number of unskilled sedentary jobs within the claimant's RFC is hogwash.
•   Detailed hearing questions for the claimant on work experience, medical history and treatment, physical and mental symptoms, RFC, and daily activities.

Minimize the frustrations in dealing with the SSA, the author, a veteran disability representative, clarifies issues such as: developing the theory of the case, establishing and proving pain, dealing with vocational and medical experts and using the fee agreement process. Useful forms, questionnaires, and checklists help you streamline cases. The two volume book now includes access to Jamesforms.com, containing more than 120 forms.

Table of Contents


Initial Client Contact
Prehearing Procedure
The Hearing
Following a Favorable Decision
Appeals Council
Federal Court Review
Attorney's Fees