PA 350 – Social Security Disability Law – Unit 1 Introduction to Social Security Disability Law

This Week's Seminar Agenda Welcome & Introductions; Substantive Summary of Week 1; In-Depth Review of Week 1 Content; Substantive Overview of Entire Course.

Course Outcomes PA350-1: Apply the initial claims process to a fact pattern PA350-2: Apply criteria used for the determination of award or denial of claims PA350-3: Use claimant's testimony, medical documentation, and work history in the application PA350-4: Explain methods of addressing inconsistencies in testimony, documentation, and work GEL-1.1: Demonstrate college-level communication through the composition of original materials in Standard American GEL-2.1: Relate mathematics to Social Security Disability Law

Outcomes for Unit 1 Trace the history of the social security administration. Identify the different types of social security benefits available. Identify relevant issues in a social security disability claim.

Unit 1 Introductions Throughout this course, you will have many opportunities to discuss class material with your professor and classmates, and you will be expected to respond with your own opinions and comments. To get this dialogue started, please take this opportunity to introduce yourselves and become acquainted. Respond in the threaded discussion below. Be sure to address the following questions: Do you have a nickname you prefer? What state or country do you live in? Why are you taking this course? What prior knowledge, if any, do you have about legal studies or paralegal careers? What are your educational goals? How do you think this course will help you? What is your AIM name?

Unit 1: Intro to SS Disability Law (part 1) Chapter 2, [10-14] Service as a Representative in Social Security Disability Claims and Appeals ‘Representative’ means non-lawyer representative; attorney representatives are called ‘attorney.’ Who may serve as a representative? Appointment as a representative Having Representative status Unauthorized Practice of Law (UPL)

Unit 1: Intro to SS Disability Law (part 2) Chapter 3, Title II Programs and Requirements (p27-29) Social Security Act, Title II, as amended Introduction to Disability Insurance Benefits

Unit 1: Intro to SS Disability Law (part 3) Chapter 4: Title XVI Programs and Requirements (p40-48) Differences between SSI and DIB benefits Citizenship and Residency in the United States What is Income? What is a Resource? Other Factors Affecting SSI Eligibility – Sample Problems

Unit 1 Discussion Board Ida May Fuller The Social Security Act The first recipient of ongoing, monthly social security retirement benefits was Ida May Fuller. Ms. Fuller, a legal secretary, paid into the system for three years, and when she retired at the age of 65 in 1940, she received monthly benefits until her death at 100 years old in 1975. Ida May paid a total of $24.75 in taxes into the Social Security program and received a total of $22,888.92 in Social Security benefits. Do you think this was the intended outcome of the Social Security Act? Is there a difference between someone who has paid into social security for five years and receives disability-based benefits for the rest of their lives compared to someone such as Ida May Fuller? The Social Security Act What are the differences between the Disability Insured Benefits (Title II) and Supplemental Security Income (Title XVI) of the Social Security Act?

Course Hypothetical Mickey McDivet has always considered himself to be healthy. He paid his way through college on a golf scholarship, and ultimately achieved modest success as a professional golfer for over four years. McDivet prepared and filed his taxes with the help of an accountant and is adamant he always paid “his fair share of taxes.” Five months ago, while McDivet was competing in a golf tournament, he bent over to place his ball on the tee and a tremendous sense of vertigo overcame him. McDivet lost his balance and fell to the ground. He was unable to finish the tournament and his wife had to drive him home. Ever since the golf tournament, McDivet has had extreme bouts of vertigo, and he has been unable to play golf, professionally or otherwise; drive his car, go grocery shopping, cook for himself and do many of the routine tasks required in life to merely survive. McDivet’s career is essentially ruined and he has been unable to find any other work- although he does admit he has worked with some friends on developing a new golf course for a small fee. McDivet has also become extremely depressed since the bouts of vertigo began, and he confides in you that he has been contemplating suicide. McDivet’s wife is seriously concerned about her husband’s health and safety. As a result, she has made an appointment for McDivet with a psychiatrist, and is insisting McDivet keep the appointment.

Unit 1 Assignment You have just met with Mickey McDivet about his potential disability claim. Review the Mickey McDivet fact pattern on-line. Prepare an internal memorandum to your supervisor discussing the relevant facts and identify at least 5 issues you believe will be important to his case. Additionally, identify any further information or documentation you feel may be necessary in order to further develop his case, should the firm agree to accept it.

Unit 1 To-Do List Read Read Wolfe & Proszek pp. 10-14, 27-39, & 40-48 Introduce yourself to your classmates Review Unit 1 Key Terms Respond to the Discussion Board - 16 Points Attend the Weekly Seminar - 4 Points Complete and Submit the Unit 1 Written Assignment - 90 Points

PA350 Course Summary We have completed our review of the Unit 1 content. Now let’s have a quick look at the rest of the Unit Outcomes. This will give us a chance to survey the “big picture” of this highly practical course.

Outcomes for Unit 2 Articulate the changes to the social security disability claim process. Differentiate between the previous claims process and the new process. Complete the paperwork needed to file a claim.

Outcomes for Unit 3 Understand and identify the five steps of the sequential evaluation process. Determine relevant medical listing for a claimant. Apply relevant medical listings to a claimant’s case.

Outcomes for Unit 4 Identify the differences and advantages / disadvantages of fee petitions and fee agreements. Determine who can represent a social security disability claimant.

Outcomes for Unit 6 Explain the importance of the administrative hearing to a claimant’s case. Request a hearing for your claimant. Describe the typical hearing format. Prepare for an administrative hearing.

Outcomes for Unit 7 Identify the importance of a claimants’ past work experience. Describe the role of the Vocational Expert (VE) during an administrative law hearing. Find and the importance of occupation titles.

Outcomes for Unit 8 Articulate the new appellate procedures recently initiated by the Social Security Administration. Identify the major parts of an Administrative Law Judge’s decision. Identify whether your client must appeal within the agency or a court.

Outcomes for Unit 9 Identify when a drug and alcohol addiction may make a claimant ineligible for disability benefits. Reopen a claimant’s prior case. Explain what a claimant can expect in the event of an overpayment.

Good Evening! Next week we are in for another interesting Seminar. See you there. Unit 2: Steps in Application & Reconsideration