PA 350 – Social Security Disability Law – Unit 9

Special Circumstances

This Week's Seminar Agenda

Administrative News and Notes

Review of Unit 8

In-Depth Survey of Unit 9 Content;

Final Course Review

Closing Comments

Review of Unit 8:The Post-Hearing Process

If an adverse ruling is received from the Administrative Law Judge (ALJ), you may consider further review of your case. The Social Security Administration passed a final rule in 2006 that has transitioned the next step in the appeals process from the Appeals Council to the Decision Review Board. Click here for a comparison of the old and new system, which has been rolled out on a region-by-region basis. [Live links are available in the on-line home page for Unit 8.]

As you can see, the rule became effective as of August 1, 2006. Although the role of the Appeals Counsel is being eliminated, you will still want to review Chapter 15 of your textbook for an understanding of the role of the Appeals Counsel and how it differs from the role of the new Decision Review Board (DRB).

Summary of Unit 9:Special Circumstances

In this Unit, we will address a few issues or special circumstances you should be aware of that may impact a disability case.

Drug and alcohol addition can render a person ineligible for Social Security Disability. The Americans With Disabilities Act has contradictory sections on alcohol and drug users.

We’ll also look at how to reopen a case (and when it is worth doing).

Sometimes people are paid more than they should be. We will explore what happens under those circumstances.

Outcomes for 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.

Unit 9: Special Circumstances (1)

Chapter 18: Special Circumstances and Cases

Drug and Alcohol Addiction

Reopening a Prior Case

Overpayments – Request for Waiver form

Sample Problems

Unit 9 Discussion BoardDrug and Alcohol Addiction

Why do you think drug and alcohol use have been identified as factors that may disqualify a claimant from receiving disability benefits?

Do believe this is just?

Overpayment

A claimant you represented successfully in his disability claim wanted to thank you for your excellent work. He noted that he is receiving monthly checks for twice the amount he originally thought he should receive.

What action do you take, if any, with respect to the apparent overpayment?

Unit 9 Assignment – Final Essay

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 394-397, 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 9 To-Do List

Read Wolfe & Proszek Chapter 18

Review Unit 9 Key Terms

Respond to the Discussion Board - 16 Points

Attend the Weekly Seminar - 4 Points

Complete and Submit the Final Essay - 200 Points

Comprehensive Review

Here’s a chance for us all to take a step back and see just how much we’ve learned this term.

Course Outcomes

PA350-1: Apply the initial claims process to a fact pattern

PA350-2: Apply criteria used for the determination of award or denial of claims

PA350-3: Use claimant's testimony, medical documentation, and work history in the application

PA350-4: Explain methods of addressing inconsistencies in testimony, documentation, and work

GEL-1.1: Demonstrate college-level communication through the composition of original materials in Standard American

GEL-2.1: Relate mathematics to Social Security Disability Law

Outcomes for 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.

Outcomes for 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.

Outcomes for 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.

Outcomes for Unit 4

Identify the differences and advantages / disadvantages of fee petitions and fee agreements. Determine who can represent a social security disability claimant.

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.

Outcomes for 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.

Outcomes for 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.

Outcomes for 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.

Good Evening!

It’s been a pleasure working with all of you this term!

Thank you.