Social Security
Disability
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This page summarizes the Social Security Disability Advanced Paralegal
Certification course. Use the links below to review the items, register or login
to the course. If you have not already registered as a user on the NALA APC web
site, click "Register for the Course." If you have already registered for this
or another APC course, you have already created a user account, click "Login." |
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Prerequisite Knowledge |
Learning
Contract |
Register for the
Course
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Login |
Course Description
This APC course is for those currently assisting
claimants in the Social Security Disability claims process; those who want to
refresh and calibrate their existing skills and knowledge; and for those
interested in working within this process and the opportunities it provides.
The course covers the terminology, ethics,
representation requirements, administrative structure, processes, and common
activities encountered in the social security disability claims process. It
also examines the decision-making process used by administrative law judges to
award or deny social security disability claims.
The course objectives are as follows. Those who
complete this course should be able to:
- Define the terms and acronyms frequently
encountered in the social security disability claims process
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Define the role of the representative in the
claims process and the requirements for representation
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Describe the social security disability claims
process and the documentation, persons, and entities involved throughout
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Describe the criteria used in determining the
award or denial of a disability claim
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Describe how claimant’s testimony, medical
documentation, and work history are used to support the limitation
criteria used in the claim ruling
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Describe how the inconsistencies in testimony,
documentation, and work history can be addressed
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Describe the components of preparation,
presentation, and presence to effectively represent a claimant
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Identify what considerations should be taken by a
representative when deciding to accept a claimant as a client
The course material includes highlights of
anticipated rule changes.
The text for course modules is from Social
Security Disability and the Legal Professional, 1st Edition, (c) 2003.,
by The Hon. Jeffrey Scott Wolfe and Lisa B. Proszek, Attorney at Law. Text
is reprinted with permission of Delmar Learning, a division of Thomson
Learning,
www.thomsonrights.com,
fax 800-370-2215.
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Fee:
$250
NALA Members
$300
Non Members
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Course Modules
The Advanced Paralegal Certification course on
Social Security Disability consists of successful completion of 14 modules of text,
assessments, and assignments. The modules and their subjects are as follows:
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1. |
Defining
Social Security Benefits
Defining social security benefits;
identifying the differences between Title II and Title XVI disability
claims |
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2. |
Roles and
Responsibilities of Representatives
Who may serve as a representative; the use of 1696
and the SSA’s definition of competence; roles and responsibilities of
the:
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Social Security Administration
Claimant
Representative |
Vocational Expert
Medical Expert
Administrative Law Judge
Appeals Council |
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3. |
Application
and Reconsideration
Steps within the application and
reconsideration process including the Adult Disability and Work History Report;
applying for benefits; review and initial determination; managing the
initial denial; filing for reconsideration; the Reconsideration Disability
Report; and request for hearing |
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4. |
Hearing and
Appeal
Steps in the hearing process;
hearing rules; post hearing outcomes; consultative examinations; appealing
denial |
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5. |
Representative Involvement and Payment
Claims process; how representatives are paid by
the SSA; fee petitions
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6. |
Claimant
Initial Interview
Information required to gather and
document during the initial interview with a claimant; the five-step sequential evaluation process in
sequencing; and gathering information in the initial interview
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7. |
Step 2 -
Impairments, Symptoms and Limitations
Difference between impairments,
symptoms, and limitations; roles of impairments, symptoms, and
limitations in substantiating the claim; matching a claimant’s description to an impairment,
symptom, or limitation
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8. |
Step 3:
Using Medical Listings
When a claimant’s impairment meets a
medical listing; how medical listings are
used in determining a claim’s award status; how the use of a medical expert impacts
the argument for the claim meeting a medical listing
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9. |
Step 3 1/2
Deriving Residual Functional Capacity from Limitations
Types of testimony and evidence
best suited to persuade the administrative law judge that limitations exist; the relationships among limitations,
symptoms, and impairments in determining residual functional capacity; documentation best suited to support
the finding of impairments; symptoms, medical signs, and laboratory
findings; the differences between medical signs and laboratory findings
and when they should be used
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10. |
Step 3 1/2:
Determining and Proving Residual Functional Capacity
The standard of proof required in social security
disability
claim cases; requirements and appropriate evidence
and sources for the administrative law judge to recognize a limitation; requirements and important details
related to recognizing impairments; how pain-related limitations can most
effectively be entered in the record for the administrative law judge’s consideration; proper questioning techniques to lend
credibility and detail to pain-related testimony; potential pitfalls in using or
submitting medical source statements
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11. |
Step 4 -
Past Relevant Work
How past work experience is defined and
considered at step 4;
the role of the Dictionary of Occupational Titles (DOT);
the vocational factors affecting the
administrative law judge’s assessment at step 4 and their importance; the role and process of the Vocational
Expert in reviewing the case file and providing testimony at step 4
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12. |
Step 5 -
Other Competitive Work
The role and components of the
“Grids” in step 5 of disability determination; factors considered in age,
education, and skills and their impact on the administrative law judge’s determination; role the
administrative law judge plays and the
method used in vocational expert inquiry at step 5; how age, education, previous work
experience, and transferability of skills are considered in the step 5
vocational expert inquiry; common pitfalls for representatives
at step 5 in addressing whether future work can be performed
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13. |
Administrative Law Judge
Examination of Vocational Experts
Typical line of questioning
techniques used by the administrative law judge when examining the
vocational expert at step 4; typical line of questioning
techniques used by the administrative law judge when examining the
vocational expert at step 5; strategies for cross-examining at
step 4 to introduce further evidenced limitations in the
administrative law judge’s
consideration; the typical sequence of types of
questions during examination by the administrative law judge at steps 4 and 5; how non-exertional limitations can
be included in consideration through cross-examination of the
vocational expert |
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The Modular
Disability Folder
The 5-parts of the modular disability
folder (MDF); typical documents found in each part of
the MDF; critical documents within each folder
section; documents included in the Disability
Application Supplement
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APC COURSES
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