Social Security Disability Advocate's Handbook

ebook ∣ Volume 1 · Social Security Disability Advocate's Handbook

By David Traver

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Format

ebook

Series

Social Security Disability Advocate's Handbook

Author

David Traver

Publisher

James Publishing

Release

19 February 2021

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Subjects

National Social Security Disability Deskbook

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REVISION 16 HIGHLIGHTS

This 16th revision of Social Security Disability Advocate's Handbook introduces co-author David Ferrari—who has represented more than 1,133 claimants at Social Security Administration disability hearings in 46 states and D.C. during his career—joining long-time author David Traver in updating the work to reflect the extensive changes made to streamline the Process Unification Rulings, and to Social Security disability rules and case law.

NEW AND UPDATED FORMS

  • §104.1a Form for Notice of 404.1512(a) Medical Records not Submitted Five Business

    Days Before the Hearing

  • §1510.2.3 Sample Vocational Report Regarding U.S. Publishing Data

    NEW AND UPDATED TEXT

    Chapter 1

  • §101.1 Changes Keep Coming. Discussion regarding updates to and applicability of the

    Process Unification Rulings in light of rescinded SSRs. [NEW]

  • §104.1 Practice Tip. Discussion on regulations concerning submission of all evidence and

    time to submit evidence in support of claims.

  • §104.11 Commandments in SSR 16-3p [NEW]
  • §104.12 Commandments in SSR 17-2p [NEW]

    Chapter 2

  • §206.3 Kisor v. Wilkie. Discussion of the possible impact of the Supreme Court's

    decision concerning Federal Circuit interpretations of ambiguous language in regulations

    and the limitations the Kisor decision imposes on the Auer v. Robbins deference

    doctrine. [NEW]

  • §208.7 Smith v. Berryhill and filings to the Appeals Council. Discussion on the impact of

    the Supreme Court's decision concerning the timeliness of appeals. [NEW]

  • §208.8 Lucia v. SEC and obtaining remands from the Appeals Council or Federal District

    Court. Discussion of the Lucia decision and resulting SSR 19-1p in which the SSA

    acquiesced that all cases decided by ALJs before July 16, 2018 and are pending before

    the Appeals Council are subject to a new hearing with a new ALJ. [NEW]

  • §210.8 National or Regional Cost of Living. Discussion on cost of living calculations in

    applications for the EAJA fee. [NEW]

  • §212.2 Culbertson v. Berryhill. Discussion of the impact of the Supreme Court's decision

    concerning reasonable fees for representing SSA disability cases. [NEW]

    Chapter 3

  • Recent SSRs [NEW]. Discussion on new SSRs of note.
  • o §303.1 SSR 16-1p Titles II and XVI: Fraud and Similar Fault Redeterminations

    Under Sections 205(u) and 1631(e)(7) of the Social Security Act

  • o §303.2 SSR 16-4p Titles II and XVI: Using Genetic Tests to Evaluate Disability
  • o §303.3 SSR 17-1p Titles II and XVI: Reopening Based on Error on the Face of the

    Evidence – Effect of a Decision By the Supreme Court of the United States Finding

    a Law That We Applied to Be Unconstitutional

  • o §303.4 SSR 17-3p Titles II and XVI: Evaluating Cases Involving Sickle Cell Disease

    (SCD)

  • o §303.5 SSR 19-3p Titles II and XVI: Requesting Reconsideration or Hearing by an

    Administrative Law Judge

  • o §303.6 SSR 19-4p Titles II and XVI: Evaluating Cases Involving Primary Headache

    Disorders

    Chapter 5

  • §500.2 Who is a Medical Source? Discussion on acceptable medical sources (AMS).
  • §514 The Agency's Duty to Develop the Record, Per SSR 17-4p. Discussion on

    regulation changes effective March 27, 2017 that reduced the Agency's obligation to

    develop the record.

  • §515 82 FR 15263, New Regulations. Exploration of the impact of 82 FR 15263 (which

    went into effect March 27, 2017) and its effect on SSRs. [NEW]

    Chapter 6

  • §§607-608.1. Discussion on rescinded SSR 96-4p.

    Chapter 9

  • §908.1 Few Cases Address SSR 17-2p. Exploration of...

    • Format

    ebook

    Series

    Social Security Disability Advocate's Handbook

    Author

    David Traver

    Publisher

    James Publishing

    Release

    19 February 2021

    Share

    Subjects

    National Social Security Disability Deskbook
    Social Security Disability Advocate's Handbook