Social Security Disability


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."

Prerequisite Knowledge

       Learning Contract

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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
     
  • Define the role of the representative in the claims process and the requirements for representation
     
  • Describe the social security disability claims process and the documentation, persons, and entities involved throughout
     
  • Describe the criteria used in determining the award or denial of a disability claim
     
  • Describe how claimant’s testimony, medical documentation, and work history are used to support the limitation criteria used in the claim ruling
     
  • Describe how the inconsistencies in testimony, documentation, and work history can be addressed
     
  • Describe the components of preparation, presentation, and presence to effectively represent a claimant
     
  • 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. 

Fee:

$250
NALA Members

$300
 Non Members

 

 
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:

1. Defining Social Security Benefits
Defining social security benefits; identifying the differences between Title II and Title XVI disability claims
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:
  Social Security Administration
Claimant
Representative
Vocational Expert
Medical Expert
Administrative Law Judge
Appeals Council
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
4. Hearing and Appeal
Steps in the hearing process; hearing rules; post hearing outcomes; consultative examinations; appealing denial
5. Representative Involvement and Payment
Claims process; how representatives are paid by the SSA; fee petitions
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
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
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
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
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
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
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
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
14 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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