Wednesday, May 13, 2009 - LexisNexis



Tuesday, May 12, 2009

7:30pm-9:30pm

Lawyers and the Legislature

David Goch, Esq.

Most advocates are well versed in “the law,” but not all understand the process by which the statutes (and regulations) that govern our country are developed and how they can effectively educate, and influence, the responsible legislative/regulatory bodies. The session will provide a comprehensive overview of the process of how legislation is proposed, developed, drafted, introduced, and winds its way through the legislature (and ultimately signed into law). In addition, the session will focus on effective communication skills for the lawyer, including aspects of professionalism and ethics that lawyers are otherwise governed by. Learn how to fine-tune your communication skills to reduce the static, make yourself understood, understand others more clearly, and to communicate effectively in a limited time period.

Wednesday, May 13, 2009

11:00am-5:30pm

Conference Registration

1:30pm-2:30pm

Workshops: Choose one from the following.

A. Introduction to Social Security Administrative Practice

Paul Eaglin, Esq.

Gil Laden, Esq.

These sessions are intended to introduce the practitioner to the practice of Social Security disability representation. During the two sessions, the presenters will survey the practice from inception of the claimant-representative relationship to the administrative levels of representation. The sessions will not cover federal court representation. Because the topics that are vital at the administrative level are so numerous, the presenters will be able to dwell at length only on selected aspects during the course of representation from inception of the claim through protecting the client’s interest after the initial claims level through the Appeals Council action.

This workshop continues at 2:45pm.

B. SSI Living Arrangements

Ann Biddle, Esq.

Barbara Samuels, Esq.

An SSI recipient’s “living arrangement” is a major determinant of the amount of benefits to which he or she will be entitled. What living arrangements does the federal program recognize? What living arrangements do states providing supplemental payments recognize? Can a living arrangement be changed retroactively? Prospectively? Does a claimant have to move in order to change a living arrangement? What issues may arise when notifying SSA that a living arrangement has been changed? This session will focus on the arcane rules of living arrangements and their byzantine application.

C. How to Analyze and Win DAA Cases (Maybe)

Timothy Cuddigan, Esq.

Warren Reimer, Esq.

Max Schott, Esq.

Individuals who have applied for disability benefits and who continue to use or abuse alcohol or drugs which potentially have a causal relationship with mental or physical conditions and which form the bases of their conditions have an especially difficult row to hoe towards reaching a favorable determination. Provisions of “The Contract with America Advancement Act of 1996” explicitly eliminated benefits under the Social Security Act for individuals for whom alcoholism or drug addiction is “a contributing factor material to the Commissioner’s determination that the individual is disabled.” Beginning with the guidance offered by the agency in the Emergency Teletype it promulgated on August 26, 1996, and incorporating insights found in the caselaw of the Eighth Circuit and other circuits, this presentation is designed to assist the practitioner in developing strategies for winning benefits for this significant group of applicants.

Wednesday, May 13, 2009

2:45pm-3:45pm

Workshops: Choose one from the following.

A. Introduction to Social Security Administrative Practice--Continued

Paul Eaglin, Esq.

Gil Laden, Esq.

This workshop is continued from 2:30 pm.

B. Ways Around Walton

Ann Biddle, Esq.

Barbara Samuels, Esq.

In 2002, the U.S. Supreme Court in Barnhart v. Walton, held that performance of substantial gainful activity (SGA) in the 12 months following application and/or onset generally precludes a finding of disability. In this session we will focus on what Walton held, how SSA applies the decision, and some arguments that can be made to overcome Walton’s adverse effects.

C. Tips from the Hall

➢ Learn from Losing, or How to Stop Worrying and Love Federal Court Work

Vaughn Clauson, Esq.

Practitioners are often torn between the need and desire to appeal decisions to the U.S. District Court, and the demands of a volume practice at the administrative level. While we might not see immediate (economic) payoff in terms of EAJA and other fees that we might like, there are benefits in improving our practice at the administrative level. Taking a case to district court means we have already failed to advocate successfully for our client at the ALJ level; the next step is to identify errors that can be prevented when similar situations arise in the future.

➢ The Difference Between Res Judicata and Administrative Finality

Mason Hogan, Esq.

The Social Security Administration often confuses the concepts of administrative finality and res judicata when declining to determine disability for a previously adjudicated period of time, holding that the previous period of time cannot be re-adjudicated due to the mere passage of time, but failing to appreciate that, while the doctrine of administrative finality may prevent reopening, the doctrine of res judicata does not bar re-adjudication. This topic will be explored in the context of a successful federal district court challenge to an ALJ’s early dismissal of a claim on res judicata grounds and the government’s subsequent Rule 12(b)(6) Motion to Dismiss.

➢ Helping Clients Win Long Term Disability Claims at the Initial Application

Troy Rosasco, Esq.

There was once a time when many of us told clients to apply on their own for SSDI, and call us only if denied. Today, many of us help our clients with the initial SSDI applications stage. Even more so than with SSDI claimants, you should be helping your clients strategize and prepare a bullet-proof application in the adversarial arena of ERISA long term disability claims. This session will explore ways to overcome and avoid the inherent traps and pitfalls used by long term disability insurers to deny claims at the initial application level, thereby preventing costly and time-consuming appeals for claimants.

➢ Remote DLIs—Why it Does Not Stand for Denied, Lose, Impossible

Lawrence Wittenberg

Date Last Insured (DLI). When this is a date in the future, it rarely has any impact on how you prepare or present your case to the Social Security Administration. However, when it has recently passed (i.e., 12/31/07) or it has passed a long time ago (i.e., 12/31/84), it will become a major consideration as you prepare and present your case. DLI only means that you have to prove that your client’s disability began before that date when you are dealing with a Title II claim. Even a DLI of 12/31/84 can be overcome if the records support such a finding. The evidence that already exists in the file was gathered by DDS and is often lacking in many ways and you may need to go back to previous medical providers and have them search for additional records.

Wednesday, May 13, 2009

4:00 pm-5:00 pm

Workshops: Choose one from the following.

A. Fibromyalgia: The Client, The Symptoms and the Law

Niki Fisher, Esq.

Greg Humphrey, Esq.

This session will focus on representing disability claimants who have fibromyalgia.

B. Subsequent Application Conundrums

Thomas Bush, Esq.

Kate Callery, Esq.

Louise Tarantino, Esq.

SSA policy permits subsequent applications while appeals are pending. Filing a new application may be straightforward enough, but it may not be so simple after that. This session will cover the circumstances under which an approval on a subsequent application will be effectuated. It will also address the ins and outs of what happens to the pending appeal if your client is approved—or disapproved—on the subsequent application. Finally, it will cover SSA’s policies concerning fees when prior and subsequent applications are involved.

C. Electronics at Your Hearing

➢ The Electronic Records Express (ERE) Today, Online Access Tomorrow

Sue Brown, eDIB Project Coordinator, SSA

John Heard, Esq.

Sue Brown and John Heard will provide an update of the Electronic Records Express, and will demonstrate the Online Access that will soon be available to all representatives. Come to learn how you can efficiently and effectively submit your client’s medical records today, and to preview the direct access to your client’s records you will have when the Online Access goes live later this year.

➢ Getting FIT for Your Hearings

Thomas Krause, Esq.

The backlog of hearings is at a record level. One way to provide better service to your client, reduce the time it takes to receive a favorable decision, and make sure you have all of the essential information on your case is to prepare a Findings Integrated Template (FIT) proposed decision. This 30 minute session will discuss the new, streamlined version of the FIT proposed decisions introduced in May 2008 as well as the previously released, more complete version. Discussion will focus on using FIT to help you prepare for the hearing and to expedite the decision.

Wednesday, May 13, 2009

Focus on Practice:

5:15pm-6:15pm

Focus on Practice: First Circuit

Focus on Practice: Second Circuit

Focus on Practice: Third Circuit

Focus on Practice: Fourth & DC Circuits

Focus on Practice: Eighth Circuit

Focus on Practice: Eleventh Circuit

6:20pm-7:20pm

Focus on Practice: Fifth Circuit

Focus on Practice: Sixth Circuit

Focus on Practice: Seventh Circuit

Focus on Practice: Ninth Circuit

Focus on Practice: Tenth Circuit

Thursday, May 14, 2009

7:00am-5:00pm

Conference Registration

7:30am-8:45am

Continental Breakfast

8:00am-8:30am

First Timers’ Meeting

If this is your first NOSSCR conference or if you are a new member, you are cordially invited.

8:45am-9:00am

Welcoming Remarks

Gary Parvin, Esq.

NOSSCR President

9:00am-9:45am

Marty Ford, Esq., Chair for the Consortium for Citizens with Disabilities (CCD)

Ms. Ford will discuss CCD’s role in advocating on behalf of claimants and beneficiaries with disabilities before the Social Security Administration. She also will discuss current regulatory and legislative matters in which the CCD Social Security Task Force is involved.

9:45am-10:00am BREAK

10:00am-12:00noon

The Advocate’s Perspective

Nancy G. Shor, Executive Director of NOSSCR

Nancy G. Shor, Executive Director of NOSSCR, will discuss key current issues and challenges facing practitioners seeking to advocate effectively for their disabled clients. She will provide an administrative and Congressional update.

12:00noon-1:30pm

Lunch (on your own)

Thursday, May 14, 2009

1:30pm-3:00pm

Workshops: Choose one from the following.

A. Ethical Issues: Non-English Speakers, Individuals with Mental Impairments, and Cyberspace

Suzanne Fluhr, Esq.

Sanjuanita Gonzalez, Esq.

This session will explore ethical issues and responsibilities in representing non-English speakers and mentally impaired individuals. We will also consider issues arising when you hit “send” and realize that, oops, your email about the merits of your client’s case just went to OGC instead of your client.

B. Understanding and Proving Pulmonary Disability: Increasing Incidence Requires Deeper Understanding

Douglas Friedman, Esq.

Allan Goldstein, MD

Pulmonary impairments involve far more than the Listings, which are so stringent that they apply to relatively few cases that are appealed. This session will begin with a detailed explanation of the physical aspects of pulmonary impairments, followed by an evaluation of the Listings with special consideration of conditions “equivalent” to a Listing. The session will then discuss increasingly more prevalent pulmonary impairments, such as asthma, and resulting medical conditions, such as sleep apnea. You will learn the medical and legal aspects, for example, of proving how asthma and sleep apnea can be expected to limit one’s ability to sustain work. The session will be presented in an informal question and answer discussion between Dr. Goldstein and Mr. Friedman, and will include simulated medical expert testimony by Dr. Goldstein.

C. Representing Disabled Veterans for a Fee Before the Veterans Administration

Barton Stichman, Esq.

This session will focus on the nuts and bolts of representing veterans before the VA on claims for disability benefits. The discussion will include an explanation of the rules governing how much an attorney or non-attorney representative may charge as a fee, how to formally become accredited by the VA to provide representation, the criteria for entitlement to disability compensation, and the basic rules of practice and procedure at the 57 VA regional offices, the Board of Veterans’ Appeals, and the U.S. Court of Appeals for Veterans Claims.

3:00pm-3:15pm BREAK

Thursday, May 14, 2009

3:15pm-4:45pm

Workshops: Choose one from the following.

A. New Developments in Children’s SSI

Barry Eigen, Executive Program Policy Officer, Office of Disability Programs, SSA

Thomas Yates, Esq.

Barry Eigen of the Social Security Administration and Thomas Yates of Health and Disability Advocates will discuss recent changes in children’s SSI including issuance of Social Security Rulings and developments in caselaw.

B. Pain, Fatigue, Functional Impairment, and the Clinical Evaluation of Inflammatory Arthritis and Other Disorders Discussed in Social Security’s New Listings on the Immune System

Edward Treadwell, MD, Professor of Medicine at the Brody School of Medicine, East Carolina University

Michael Glancy

Lupus, inflammatory bowel disease, rheumatoid arthritis, pain, fatigue and functional capacity; these are a few of the topics that Professor Treadwell will discuss in this presentation on Social Security’s new Immune System Listings. Dr. Treadwell, who in addition to being a Professor of Medicine in the Department of Rheumatology, is a practicing clinician in rheumatology who conducts a clinic twice weekly and conducts research in his field. His latest research interests include Lupus and undifferentiated connective tissue disorders. In his more than 30 years of practice, Dr. Treadwell has treated thousands of patients and lectured widely on a variety of subjects in the field of rheumatology. He will guide us through an understanding of Social Security’s new Immune System Listings and discuss his research and questionnaires that enable him and other clinicians to gain more knowledge on how fatigue and pain caused by these disorders impact function.

C. Why Not Use the Vocational Expert to Prove Your Case?

Phillip George, Esq.

Rebecca Williams, Vocational Expert

Phillip George, attorney, will present ways to turn the tables and make the VE a powerful witness for the claimant. He will also discuss when hiring a vocational expert to evaluate your client can be advantageous, and will note the limitations of hiring your own vocational expert. Rebecca Williams, Vocational Expert, will present the minimum tools that all Social Security claimants’ representatives should possess to understand the vocational issues of the case and prepare the case for hearing. These same tools can be used to effectively cross-examine the vocational expert. They will also present a case study demonstrating how the VE can be the claimant’s advocate during testimony.

6:30 pm-7:30 pm

President’s Cocktail Reception

Friday, May 15, 2009

7:30am-8:30am

Continental Breakfast

8:30am-9:30am

Workshops: Choose one from the following.

A. How to Ethically and Legally Charge a Fee in a Social Security Case at the Administrative Level or in Court

Eric Buchanan, Esq.

It is a crime to charge your client a fee for working on a Social Security case unless the fee is approved, or to charge your client too much. Find out how much you can charge your client, and the best ways to have your fees properly approved. This session will include discussion of a basic fee agreement under 42 U.S.C. § 406(a)(2), fee petitions under 42 U.S.C. § 406 (a)(1) and court approval of fees under 42 U.S.C. § 406(b) for work in federal court.

B. Addressing Vocational Testimony at Step Five

Frederick Daley, Esq.

Heather Freeman, Esq.

This practice-tips format session addresses vocational expert testimony at step five, in particular, the representative’s duty at the hearing, and preserving step five issues for appellate review in the different circuits. It will also include professionally animated examples of hearing situations.

C. Listings Update

Suzanne Villalon-Hinojosa, Esq.

From 1968 (the first publication of the Listings) to 1998, there were few changes to the Listings of Impairments. But regular revisions since then have substantially changed the Step 3 analysis. Few adjudicators and even fewer testifying medical experts have appreciated trends and incorporated them into their analyses. The advocate must be prepared to confront this phenomenon and present persuasive and winning Step 3 arguments.

9:30am-9:45am BREAK

Friday, May 15, 2009

9:45am-10:45am

Workshops: Choose one from the following.

A. Changes in the HIV Listings

Bebe Anderson, Esq.

Sarah Patterson, Esq.

This session will provide a discussion of the 2008 Listings changes for Autoimmune Disorders, Section 14.00, with emphasis on the criteria for evaluating claims by people with HIV and AIDS (14.08). Practical strategies based on the changes in the regulations will be discussed, including the importance of developing evidence on functional impairments and ways to use changes in treatment and understanding of HIV to support applications. Other autoimmune disorders will be briefly discussed.

B. The Beginner’s Guide to EAJA Petitions

Frederick Daley, Esq.

Heather Freeman, Esq.

This presentation is oriented toward beginners or individuals who are interested in federal court litigation but intimidated by the process of seeking fees under the EAJA. We will cover the basics including: When and why to file an EAJA application; why you should file; how to calculate the amount requested; how to respond to objections; and other issues.

C. Dealing with the Medical Expert

Kirk Roose, Esq.

The ME does not have to be your enemy. This session explores how to prepare the case so the medical expert who testifies at the hearing will help you. What kinds of evidence from treating physicians are helpful? What areas should a pre-hearing brief cover? Should ME’s testify outside their areas of expertise? Should you question the ME’s qualifications? Should you ask the ME about evidence or testing that is absent from the record? Should you clarify that the ME did not take into account the claimant’s testimony at the hearing? How did the ME weigh the claimant’s complaints to the treating sources? Did the ME use the proper legal test for weighing the opinions of treating sources and other evidence for considering failure to follow prescribed treatment and for DA & A? Was the ME supposed to know and apply the correct legal tests? What medical literature, if any, corroborates how many hours per day people can stand and walk, if they have obesity or knee damage?

10:45am-11:00am BREAK

Friday, May 15, 2009

11:00am-12:00 noon

Workshops: Choose one from the following.

A. Effective Advocacy before the Appeals Council

The Honorable Barbara Jane Johnson, Administrative Appeals Judge

Practice tips for representatives at the Appeals Council level, including identifying critical issues, preparing a focused brief, and submitting relevant evidence.

B. Selected EAJA Topics for the Advanced Practitioner

Charles Martin, Esq.

Steven Shea, Esq.

If you have been seeking EAJA fees for years, you know the basics. But odd little problems keep surfacing. This presentation will focus on some unusual or difficult issues faced by advanced practitioners, with a focus on those of interest to the presenter(s).

C. Hypothetically Speaking--Vocational Expert Testimony in Social Security

Disability--(Part I)

Dale Thomas, MTS, Thomas Vocational Consulting

The “bottom line” in a disability case is whether or not the individual can earn SGA. The vocational issues are often the least understood matters for the claimant’s representative. “Hypothetically Speaking” is an in-depth presentation concerning how the Vocational Expert (VE) analyses the various factors impacting the claimant’s ability to work. Topics discussed include the VE and sequential evaluation process, commonly used vocational resources (e.g., DOT, SOC, COJ, RHAJ, GOE, OOH, etc.), assessing RFC from a VE viewpoint (e.g., ‘‘function by function,” GED, Data/People/Things, less than the full range of sedentary, mental limitations, etc.), skills, transferability, diminishing the unskilled occupational base, numbers of jobs and how they are determined, and how to ask hypotheticals.

“Hypothetically Speaking” will teach you how to think like a VE and therefore how to ask hypotheticals that get a “no jobs” response.

This workshop continues at 1:30 pm.

12:00noon-1:30pm

Lunch (on your own)

Friday, May 15, 2009

1:30pm-2:30pm

Workshops: Choose one from the following.

A. Top Ten Tips on Perfecting the Record in a Social Security Case

Sarah Bohr, Esq.

In her experience writing Social Security Appeals Council letter briefs and federal court briefs for other lawyers for over twelve years, Sarah Bohr has reviewed hundreds of transcripts and is in a unique position to comment on the common errors made by advocates in their administrative representation of their clients. Had these issues been addressed at the hearing level, perhaps the results in some of these cases may have differed. This session will highlight Ms. Bohr’s list of top ten errors advocates make at hearings and offer suggestions for making a better record.

B. Practical Aspects of Litigation

Paul Eaglin, Esq.

Eric Schnaufer, Esq.

This is a how-to workshop on the litigation of disability claims. Among other topics, the workshop will address drafting a contract for representation in federal court, handling extra-record evidence such as a finding of disability based on a subsequent application, whether to consent to Magistrate Judge jurisdiction, objecting to a Magistrate Judge’s report and recommendation, and negotiating settlement with the Commissioner’s counsel.

C. Hypothetically Speaking—Vocational Expert Testimony in Social Security

Disability—(Part II)

Dale Thomas, MTS, Thomas Vocational Consulting

This workshop continues at 2:45 pm.

2:30pm-2:45pm BREAK

Friday, May 15, 2009

2:45pm-3:45pm

Workshops: Choose one from the following.

A. The Office of Personnel Management Selection Process

Richard Hermann, Esq.

The Office of Personnel Management selection process for Administrative Law Judge positions is difficult to understand. This session will explain how the selection process works, what OPM is seeking, and how candidates can strengthen their applications.

B. Ethical Considerations in Practice before the ODAR

Sarah Humphreys, Director, Representative Conduct and Civil Rights Division, OGC, SSA

Robert Rains, Professor of Law

In this interactive session, we will address some of the recurring, difficult ethical issues confronting Social Security practitioners. We will consider various State Bar rulings, as well as applicable federal law and regulations, regarding practitioners’ conduct in proceedings that are intended to be nonadversarial.

C. Hypothetically Speaking—Vocational Expert Testimony in Social Security

Disability—(Part III)

Dale Thomas, MTS, Thomas Vocational Consulting

This workshop is continued from 11:00 am and 1:30 pm.

3:45pm-4:00pm BREAK

Friday, May 15, 2009

4:00pm-5:00pm

Workshops: Choose one from the following.

A. Post-Disposition Advice to Clients

Kevin Liebkemann, Esq.

What advice should you be giving clients once their SSI and/or SSDI cases are won? This workshop will discuss some best practices for maximizing medical benefits for new SSI/SSDI beneficiaries, maximizing retroactive awards for SSI beneficiaries, and other advice that advocates can provide to new SSI/SSDI beneficiaries to help them avoid overpayments, connect with needed services, and adapt to their changed circumstances.

B. The Medicare Secondary Payer Act: CMS Settlement Policies, Set-Aside Arrangements, New Section 111 Reporting Mandates, and MSP Reform Legislation

Kathleen Shannon Glancy, Esq.

Henry Patterson, Esq.

This program will discuss CMS policies requiring reimbursement of Medicare conditional payments and set-aside arrangements for payment of future medical expenses, CMS conditions for approval and administration of Medicare set-aside arrangements, reporting for settlements mandated for employers and workers’ compensation and liability insurers by Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007, and legislation supported by the ABA, AAJ, Workers’ Injury Law and Advocacy Group (WILG), and American Insurance Association to reform present CMS practices with respect to workers’ compensation settlements.

C. Privacy and the Freedom of Information Act at Social Security: Preserving the Public’s Trust in Our Programs

Jonathan Cantor, Executive Director for Privacy & Disclosure, Office of General Counsel, SSA

This session will focus on how the Freedom of Information Act and key Federal privacy laws impact SSA and the SSA business processes. The discussion will focus on the way these laws operate with special attention focused on how they impact the representation and claims processes. The session will include a brief introduction to the Freedom of Information Act and key Federal privacy laws, as well as SSA’s regulations and policies that help implement them. We will also discuss SSA’s privacy practices and efforts we make to protect privacy and to prevent accidental misuse and disclosure.

Saturday, May 16, 2009

7:00am-8:00am

Continental Breakfast

8:15am-9:15am

Workshops: Choose one from the following.

A. What’s Not On a CD: How to Locate and Interpret Data Not Found on CDs to Win Your Case

Peter Clifford

This session will include Title II and SSA data base systems: what is available, and how to use it. Also discussed will be Social Security denial codes, medical diagnostic codes, the Listings, using prior claims information to request re-openings, and SSI vs. Title II.

B. Developments in the Case Law, 2008-2009

Carolyn Kubitschek, Esq.

This workshop will take a look at recent developments in the case law during the last 12 months, focusing primarily on decisions of the Supreme Court and courts of appeals, and secondarily on important decisions of the district courts. The session will identify trends in the case law, issues that have surfaced repeatedly in different circuits, arguments that the government appears to be raising systematically throughout the country, and the latest developments in EAJA. The workshop will also include a brief discussion of stare decisis, including a mention of which decisions constitute binding precedent and which do not.

C. The Collaboration Between Social Workers and Attorneys: Helping Disabled Clients Receive SSI/SSDI Benefits

Edwinna Meister, Esq.

This session will discuss a model used for such claims: Using an aggressive approach at initial and reconsideration filing levels that offer extensive assistance to the clients in the SSI/SSDI process, and coupling that with case management by social services agencies. These agencies are able to keep the clients stabilized during the process. This yields much higher, and much quicker, approvals at the early stages, so that clients can become more self-sufficient in a more timely manner.

Saturday, May 16, 2009

9:25am-10:25am

Workshops: Choose one from the Following.

A. Top 25 Cases Every Representative Should Know

Eric Schnaufer, Esq.

Over the past three decades, courts have issued hundreds of precedential Social Security disability decisions. This workshop highlights twenty-five Supreme Court and Circuit Court cases every practitioner should know. E.g., Bustamante v. Massanari, 262 F.3d 949 (9th Cir. 2001) (DAA); Daniels v. Apfel, 154 F.3d 1129 (10th Cir. 1998) (age); Skinner v. Secretary of Health & Human Services, 902 F.2d 447 (6th Cir. 1990) (education).

B. Brief Writing : Issue Analysis and Structure

Beth Dunlap, Esq.

Thomas Krause, Esq.

You “know” your client is disabled and the ALJ’s decision is wrong; the problem is how to convince the district court. This session will focus on identifying your strongest issues and structuring your argument to present the most persuasive case you can.

C. Advocacy at Appeals Council—Making Winning Arguments With or Without Citing the 20 C.F.R. Section, HALLEX, or SSRs

Alecia Elston, Esq.

Is there anyone who hasn’t received an unfavorable ALJ decision and thought to themselves, “This is just plain wrong!” This workshop will explore obvious error arguments to the Appeals Council for remand. It will also address “gnashing your teeth” and passionate arguments where remands, actual award of benefits, or reopening of Appeals Council review denials are granted just because it is the correct and fitting thing to do (right the wrong). Receiving an unfavorable ALJ decision does not mean the claim is over—sometimes it means the fight has just begun. Several examples will be provided.

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