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Social Security Disability and the Legal Professional

by: Wolfe, Jeffrey Scott; Proszek, Lisa B.

Social Security Disability and the Legal Professional

by: Wolfe, Jeffrey Scott; Proszek, Lisa B.

ISBN 13:
9780766821156
ISBN 10:
0766821153
Format: Paperback
Copyright: 07/24/2002
Publisher: Cengage Learning

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Summary

For new lawyers and paralegals who support a lawyer who appears before administrative law judges with the Social Security Administration, this is a comprehensive and easy-to-read procedure manual that includes a five-step sequential evaluation process for Social Security disability claims. Beginning with an introduction to the Social Security system and the administrative judicial, this book provides an education to the practice. Also helpful for educating clients, it is an invaluable resource for all law offices.

Preface

xii

Introduction

xiii

Acknowledgments

Dedication

xvi

The Administrative Determination

(9)

Front of Your Mind Questions and Considerations, 1.1

(1)

Introduction to Social Security Disability

(1)

A Trip to the Hard Drive, 1.1

(2)

Introduction to the Social Security Administration

(1)

The Social Security Account Number

(1)

Processing a Claim for Disability Benefits through the Social Security

(1)

Administration's Hierarchy

(1)

A Trip to the Hard Drive, 1.2

(1)

The State Disability Determination Service's Initial Determination

(1)

Reconsideration by the State Disability Determination Service

(1)

Appeal to Social Security's Office of Hearings and Appeals

(1)

A Trip to the Hard Drive, 1.3

(1)

The Appeals Council

(1)

A Trip to the Hard Drive, 1.4

(2)

Front of Your Mind Questions and Considerations, 1.2

(1)

Speaking a New Language: ``Acronym-ese''

(1)

What If...? Sample problems

(2)

Service as a Representative in Social Security Disability Claims and Appeals

(17)

Front of Your Mind Questions and Considerations, 2.1

(1)

A Trip to the Hard Drive, 2.1

(3)

Who May Serve as a Representative?

(1)

Appointment as a Representative

(1)

Having Representative Status

(2)

A Trip to the Hard Drive, 2.2

(1)

Unauthorized Practice of Law

(1)

Front of Your Mind Questions and Considerations, 2.2

(1)

A Trip to the Hard Drive, 2.3

(2)

Introduction

(1)

The Representative as a Fiduciary

(1)

The Requirement of Competency

(1)

A Trip to the Hard Drive, 2.4

(4)

Representatives Should Be Prompt

(1)

An Affirmative Duty to Provide All Material Evidence

(1)

A Representative's Scope of Action before the Judge

(1)

The Representative, In Summary

(1)

Front of Your Mind Questions and Considerations, 2.3

(3)

Preparation

(1)

Presentation

(1)

Presence

(1)

What If...? Sample Problems

(3)

Social Security Disability Programs-Eligibility Requirements for Title II Disability Insurance Benefits Claims

(13)

Front of Your Mind Questions and Considerations, 3.1

(1)

A Trip to the Hard Drive, 3.1

(3)

Introduction to Disability Insurance Benefits

(1)

The Need for ``Insured'' Status

(2)

``Fully'' Insured Status

(1)

A Trip to the Hard Drive, 3.2

(3)

``Currently'' Insured

(1)

Age Limits and Application

(1)

Waiting Period to Receive Benefits

(1)

Presence of Other Income and Resources Available to the Wage Earner

(1)

Front of Your Mind Questions and Considerations, 3.2

(1)

A Trip to the Hard Drive, 3.3

(2)

Auxiliary Benefits

(1)

Spouse Benefits

(1)

Child Benefits

(1)

A Trip to the Hard Drive, 3.4

(1)

Ex-Spouses

(1)

Widow(er)'s Benefits

(1)

Surviving Child Benefits

(1)

A Trip to the Hard Drive, 3.5

(1)

Surviving Divorced Spouse Benefits

(1)

Mother's and Father's Benefits

(1)

Parent's Benefits

(1)

Lump Sum Death Payment'

(1)

A Final Note about Auxiliary and Survivor's Benefits

(1)

What If...? Sample Problems

(2)

Social Security Disability Programs-Eligibility Requirements for Title XVI Supplemental Security Income Benefits Claims

(9)

Front of Your Mind Questions and Considerations, 4.1

(1)

A Trip to the Hard Drive, 4.1

(2)

Introduction

(1)

Citizenship and Residency in the United States

(1)

Front of Your Mind Questions and Considerations, 4.2

(1)

A Trip to the Hard Drive, 4.2

(3)

Income and Resource Limitations

(1)

What Is Income?

(1)

What Is a Resource?

(1)

A Trip to the Hard Drive, 4.3

(1)

Other Factors Affecting SSI Eligibility

(1)

A Final Note about Income and Resource Limitations

(1)

What If...? Sample Problems

(2)

The Definition of Adult Disability for Title II and Title XVI Claims-The Five-Step Sequential Evaluation Process

(14)

Front of Your Mind Questions and Considerations, 5.1

(4)

The Five-Step Sequential Evaluation Process

(1)

The Sequential Nature of the Disability Determination Process

(4)

Front of Your Mind Questions and Considerations, 5.2

(1)

The Five Steps Outlined

(1)

Front of Your Mind Questions and Considerations, 5.3

(4)

Overview of the Five Steps

(4)

A Trip to the Hard Drive, 5.1

(1)

What If...? Sample Problems

(3)

Step 1: Substantial Gainful Activity

(9)

Front of Your Mind Questions and Considerations, 6.1

(1)

A Trip to the Hard Drive, 6.1

(2)

Introduction to Substantial Gainful Activity (SGA)

(1)

Self-Employed Work Activity as SGA

(1)

A Trip to the Hard Drive, 6.2

(2)

What If I Try to Work?

(1)

Unsuccessful Work Attempts

(1)

Trial Work Period

(1)

A Trip to the Hard Drive, 6.3

(1)

Closed Period of Disability

(1)

Front of Your Mind Questions and Considerations, 6.2

(2)

What If...? Sample Problems

(2)

Step 2: ``Severe'' Impairments and Basic Work Activities

(8)

Front of Your Mind Questions and Considerations, 7.1

(1)

A Trip to the Hard Drive, 7.1

(2)

Distinguishing Impairments, Symptoms, and Limitations

(1)

What Is a ``Severe'' Impairment?

(1)

What Are ``Basic Work Activities?''

(1)

A Trip to the Hard Drive, 7.2

(1)

Combination of Impairments

(1)

Front of Your Mind Questions and Considerations, 7.2

(2)

Introduction

(1)

Where Do I Obtain Medical Records?

(2)

What If...? Sample Problems

(2)

Step 3: The Listings

(11)

Front of Your Mind Questions and Considerations, 8.1

(2)

Introduction

(1)

Meeting the Listing

(1)

Front of Your Mind Questions and Considerations, 8.2

(3)

Front of Your Mind Questions and Considerations, 8.3

(3)

Equaling a Listing or Medical Equivalence

(1)

The Role of the Medical Expert and/or Physician

(2)

Step 3 Strategies

(1)

What If...? Sample Problems

(2)

Step 3 1/2: Residual Functional Capacity

(56)

Front of Your Mind Questions and Considerations, 9.1

(4)

Introduction to Residual Functional Capacity

(4)

Front of Your Mind Questions and Considerations, 9.2

(3)

Impairments

(1)

Symptoms

(1)

Medical Signs

(1)

Laboratory Findings

(1)

Front of Your Mind Questions and Considerations, 9.3

(2)

Why Symptoms, Signs, and Laboratory Findings Are Important

(2)

Front of Your Mind Questions and Considerations, 9.4

100

(2)

Exertional Limitations

100

(2)

A Trip to the Hard Drive, 9.1

102

(3)

Proving the Existence of an Impairment and Related Limitations

102

(3)

A Trip to the Hard Drive, 9.2

105

(2)

Types of Evidence That Are Acceptable to Prove a Limitation or Capacity

105

(1)

Understanding the Hierarchy of Medical Evidence

106

(1)

A Trip to the Hard Drive, 9.3

107

(30)

The Physical RFC Form (Medical Source Statement)

107

(13)

The Mental RFC Form (Medical Source Statement)

120

(17)

Front of Your Mind Questions and Considerations, 9.4

137

(6)

The Nature of pain

138

(1)

Frequency and Duration of Pain

138

(2)

The Pain Spectrum

140

(1)

Proof of pain: Direct and Inferential Evidence

141

(2)

What If...? Sample Problems

143

(4)

Step 4: Past Relevant Work

147

(25)

Front of Your Mind Questions and Considerations, 10.1

147

(2)

The Import of Past Relevant Work

147

(2)

Significance of the Regulatory Vocational Factors at Step 4

149

(5)

Front of Your Mind Questions and Considerations, 10.2

154

(1)

Using a Vocational Expert at Step 4 of the Sequential Evaluation Process

154

(1)

Materials Reviewed by the Vocational Expert Prior to the Hearing

155

(1)

Why Use a Vocational Expert?

155

(6)

Inquiry by the Administrative Law Judge at Step 4

161

(3)

Front of Your Mind Questions and Considerations, 10.3

164

(5)

Applying the RFC at Step 4

164

(5)

Other Considerations

169

(1)

What If...? Sample Problems

169

(3)

Step 5: Other Work

172

(32)

Front of Your Mind Questions and Considerations, 11.1

173

(6)

The Import of Step 5 of the Sequential Evaluation Process

173

(1)

The Medical-Vocational Guidelines

173

(5)

Age

178

(1)

Front of Your Mind Questions and Considerations, 11.2

179

(5)

Amazon no longer offers textbook rentals. We do!

Social Security Disability and the Legal Professional

Social Security Disability and the Legal Professional

9780766821156

0766821153

Summary

Table of Contents

Supplemental Materials

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