| Bohr's Social
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Table of Contents Appeals Council Arguments Outline Summary of Arguments
I. Case Update
II. Case Survey § 100 SEQUENTIAL EVALUATION PROCESS § 101 DEFINITION OF DISABILITY § 101.1 Statutory Definition § 101.2 Purpose of the Social Security Act § 101.3 Claimant’s Burden to Prove Disability § 101.4 Evidence Considered in Determining Disability § 101.5 Duration of Impairments § 101.6 Childhood Disability Insurance Benefits § 101.7 Statutory Blindness § 102 STEP 1: SUBSTANTIAL GAINFUL ACTIVITY (SGA) § 102.1 Definition of SGA § 102.2 Part-Time Work as SGA § 102.3 Illegal Activity as SGA § 102.4 Work Activity Which is an Unsuccessful Work Attempt § 102.5 Return to Work as Part of “Trial Work Period” § 102.6 Work Performed Under Special Conditions § 102.7 SGA for Self-Employed Individuals § 103 STEP 2: SEVERE IMPAIRMENT § 103.1 Definition of Severity § 103.2 Severity: Need to Consider Combined Effect of Impairments § 103.3 Severity: Need to Consider Subjective Symptoms § 103.4 Severity: ALJ’s Duty to List all Severe Impairments § 103.5 ALJ’s Duty to Make Specific Findings Regarding Severity § 103.6 Effect of Absence of Medical Signs or Diagnosis § 104 STEP 3: LISTED IMPAIRMENT § 104.1 Effect of Impairment Meeting or Equaling a Listing § 104.2 Meeting a Listing — General § 104.3 Use of Medical Expert Opinions in Evaluating Whether Listing is Met § 104.4 Medical Equivalence to a Listing — General § 104.5 Medical Equivalence to a Listing: ALJ’s Responsibility to Obtain Medical Expert Opinion § 104.6 Medical Equivalence to a Listing: Need to Consider Combined Effect of Impairments § 104.7 ALJ’s Duty to Discuss Whether Impairment(s) Meets/Equals a Listing § 105 RESIDUAL FUNCTIONAL CAPACITY (RFC) § 105.1 Definition of RFC § 105.2 Definition of Sedentary Work § 105.3 Definition of Light Work § 105.4 Definition of Medium Work § 105.5 Sit/Stand Option and its Impact on RFC § 105.6 RFC Forms § 105.7 RFC: Need to Consider All Impairments § 105.8 RFC: Need to Consider Effect of Mental Impairments § 105.9 Stress and its Effect on the Ability to Work § 105.10 Lack of an Updated or Any RFC Assessment in the Record § 105.11 RFC: Need to Consider Non-Medical Evidence § 105.12 RFC: Must be Supported by the Record § 105.13 Absenteeism and its Effect on Ability to Work § 105.14 RFC: Need to Consider Claimant’s Testimony § 105.15 RFC: Documentation Requirements § 106 STEP 4: PAST RELEVANT WORK § 106.1 Claimant’s Burden to Establish Inability to Perform Past Relevant Work § 106.2 Past Relevant Work — General § 106.3 ALJ’s Duty to Make Findings Regarding Physical and Mental Demands of Past Relevant Work § 106.4 Past Relevant Work: Work Performed for Short Periods of Time § 106.5 Past Relevant Work: Job Training and Other Work Performed Under Special Conditions § 106.6 Past Relevant Work: Work Performed More than Fifteen Years Prior to the Date of Adjudication § 106.7 Past Relevant Work: Work No Longer Available § 106.8 No Need for Vocational Expert at Step Four § 106.9 Need for Past Relevant Work to be SGA § 106.10 Composite Jobs § 107 STEP 5: OTHER WORK § 107.1 Commissioner’s Burden to Establish Other Work § 107.2 Other Work: Need to Consider Combined Effect of Impairments § 107.3 Use of Medical-Vocational Guidelines, or “Grids” § 107.4 Effect of Borderline Age on the Application of the Grids § 107.5 Evaluation of Illiteracy § 107.6 Evaluation of Education § 107.7 Effect of the Inability to Speak English on the Application of the Grids § 107.8 Skill Levels of Jobs § 107.9 Transferability of Skills § 107.10 Application of the Grids to Younger Claimants § 107.11 Effect of Borderline Mental Capacity on the Application of the Grids § 107.12 Nonexertional Impairments and their Impact on the Application of Grids § 107.13 Inability to Perform the Full Range of Work and its Impact on the Application of the Grids § 107.14 Manipulative Limitations and their Effect on the Ability to Perform the Full Range of Sedentary Work § 107.15 Inability to Stoop and its Effect on the Ability to Perform the Full Range of Sedentary Work § 107.16 Need for Vocational Expert Testimony — Presence of Nonexertional Impairments § 107.17 Need for Vocational Expert Testimony — Inability to Perform the Full Range of Work § 107.18 Effect of the ADA on the Ability to Perform Other Work § 107.19 Significant Number of Jobs in the National Economy § 107.20 Need to be Able to Engage in Full-Time Work Activities § 107.21 Claimants Over Age 55 — Special Issues § 107.22 Application of the “Worn-Out Worker” Regulation § 200 ASSESSMENT OF DISABILITY ISSUES § 201 MEDICAL IMPROVEMENT ISSUES § 201.1 Medical Improvement Standard § 201.2 Medical Improvement: Required in Closed Period of Disability Cases § 201.3 Medical Improvement: Effect of Participation in a Vocational Rehabilitation Program § 201.4 Failure to Seek Medical Treatment and its Impact on Medical Improvement § 201.5 Basis to Find Medical Improvement § 201.6 Commissioner’s Burden in Medical Improvement Cases § 202 WEIGHT OF TREATING PHYSICIAN’S OPINION § 202.1 Regulatory Standard Regarding Weight of Treating Physician’s Opinion § 202.2 Treating Physician Rule by Circuits § 202.3 Factors Affecting Weight of Treating Physician’s Opinion § 202.4 Treating Physician’s Opinion Regarding Ultimate Issue of Disability § 202.5 Retrospective Opinion from Treating Physician § 202.6 ALJ’s Duty to Develop Evidence from Treating Physician § 202.7 ALJ’s Duties Regarding Consideration of Evidence from Treating Physician § 202.8 Need for ALJ to Provide Good Cause for Rejecting Treating Physician’s Opinion § 202.9 Basis to Reject Treating Physician’s Opinion § 202.10 Treating Therapist is an Acceptable Medical Source § 202.11 Acceptable Medical Sources § 202.12 Treating Physician’s Opinion Regarding Ability to Obtain Employment § 203 WEIGHT OF THE EVIDENCE § 203.1 The ALJ’s Duty to Weigh All the Evidence § 203.2 Weight of Uncontroverted Medical Evidence § 203.3 Evaluating the Weight of Any Medical Opinion § 203.4 Weight of Treating Physician v. Consulting Physician § 203.5 Weight of Treating Physician v. Non-Examining Physician § 203.6 Weight of the Non-Examining Reviewing Consultant § 203.7 Weight of Examining Physician v. Non-Examining Physician § 203.8 Weight of Specialist v. Non-Specialist § 203.9 Retrospective Diagnosis by Physicians § 203.10 Weight of Recent Medical Evidence § 203.11 Rejection of Medical Opinion Which is Based on Symptomology § 203.12 Rejection of Physician’s Opinion Secured by an Attorney § 203.13 Weight of an Unsigned Medical Report from Consulting Physician § 203.14 Weight of Evidence from a Chiropractor § 203.15 Weight of Evidence from a Nurse Practitioner § 203.16 ALJ Cannot Substitute His or Her Opinion for Medical Expert’s Opinion § 203.17 Weight of Testimony of Lay Witnesses § 203.18 Weight of Evidence from a Podiatrist § 203.19 Weight of Evidence from a Mental Health Counselor § 203.20 Duty to Recontact Consultative Physician § 203.21 Weight of Opinion Based on a Review of All the Evidence § 203.22 Weight and Admissibility of Investigative Reports/Surveillance Tapes § 203.23 Rejection of Impairment Because Cause of Impairment is Unknown § 204 CREDIBILITY § 204.1 Need for Credibility Findings § 204.2 ALJ’s Credibility Findings Entitled to Deference § 204.3 Factors to Consider in Making Credibility Determinations § 204.4 Discrediting Testimony Based on Inconsistencies in the Record § 204.5 Discrediting Testimony Based on the Motives of Witnesses § 204.6 Lack of Medical Treatment and Credibility § 204.7 Work History and Credibility § 204.8 Daily Activities and Impact on Credibility § 204.9 Medical Regimen and Impact on Credibility § 204.10 Lack of Objective Medical Evidence and Credibility § 204.11 Credibility and Medical Opinion that Claimant is Exaggerating § 205 EVALUATION OF COMPLAINTS OF PAIN AND OTHER SUBJECTIVE SYMPTOMS § 205.1 Statutory and Regulatory Pain Standard § 205.2 Pain Standard by Circuits § 205.3 Application of the Pain Standard to Other Subjective Symptoms § 205.4 Pain Testimony Supported by Medical Evidence Must be Afforded Great Weight § 205.5 Rejecting Subjective Complaints Based on the Lack of Objective Evidence § 205.6 Rejecting Subjective Complaints Based on Inconsistencies in the Record § 205.7 Rejecting Subjective Complaints Based on the Failure to Seek Medical Treatment § 205.8 Rejecting Subjective Complaints Based on the Failure to Take Prescription Medication § 205.9 Rejecting Subjective Complaints Based on Daily Activities § 205.10 Need to Provide Specific Reasons for Rejecting Subjective Symptom Testimony § 205.11 Need to Consider Episodic Nature of Subjective Symptoms § 205.12 Need to Consider Side Effects of Medication in Evaluating Subjective Symptom Testimony § 205.13 Effect of Failing to Provide Sufficient Reasons for Rejecting Subjective Symptom Testimony § 205.14 Pain and Medical Opinion that Claimant is Exaggerating § 205.15 Need to Consider Non-Medical Evidence in Evaluating Subjective Symptoms § 205.16 Sit and Squirm Jurisprudence § 205.17 Need to Consider Psychological Basis for Pain Complaints § 206 COMBINATION OF IMPAIRMENTS § 206.1 Need to Consider the Combination of Impairments § 206.2 Effect of Failing to Consider One Impairment § 207 EFFECT OF OPINIONS OF OTHER AGENCIES ON DISABILITY DETERMINATIONS § 207.1 Effect of Disability Determinations of Other Agencies § 207.2 Effect of Receipt of Unemployment Compensation § 208 FAILURE TO FOLLOW PRESCRIBED TREATMENT § 208.1 Failure to Follow Prescribed Treatment as a Basis for Denial of Benefits § 208.2 Refusal to Follow Prescribed Treatment Must Be Willful § 208.3 Following Treatment Must Restore Claimant’s Ability to Work § 208.4 ALJ’s Duty to Investigate Reasons for Claimant’s Alleged Noncompliance with Treatment § 208.5 Inability to Afford Treatment § 209 ONSET DATE § 209.1 Establishing Onset § 209.2 Retrospective Opinion of Onset § 209.3 Need for a Medical Advisor if Onset Date is Unclear § 209.4 Need to Consider Other Evidence of Onset § 210 VOCATIONAL EXPERT (“VE”) TESTIMONY § 210.1 Purpose of VE Testimony § 210.2 Weight of Examining VE Evidence § 210.3 ALJ Must Pose a Complete Hypothetical Question to the VE § 210.4 Hypothetical Question Must Be Supported by the Record § 210.5 Effect of Incomplete Hypothetical Question § 210.6 Effect of Complete Hypothetical Question § 210.7 Need to Raise Issue of Incomplete Hypothetical Question to ALJ § 210.8 Mental Health Limitations and Their Impact on VE Testimony § 210.9 Need for VE to Testify Regarding Claimant’s Ability to Engage in Full-Time Work § 210.10 Specific Vocational Preparation (“SVP”) as Set Forth in the DOT § 210.11 Language Skills Required to Perform Jobs as Set Forth in the DOT § 210.12 VE Testimony Which Conflicts with the DOT § 210.13 VE Testimony Which Relies on the ADA § 210.14 Need for VE to use Reliable Methods in Forming Opinions § 210.15 Effect of ALJ’s Mischaracterization of VE Testimony § 210.16 Reasoning Skills Required to Perform Jobs as Set Forth in the DOT § 211 MEDICAL EXPERT TESTIMONY § 211.1 Need to Consider Medical Expert Testimony § 211.2 Use of Medical Expert Who Had Prior Connection with Claim § 211.3 Weight of Medical Expert’s Testimony § 211.4 Need for Medical Expert at Hearing § 211.5 Need for ME to Review All Medical Records § 211.6 Need to Challenge ME’s Qualifications at the Hearing § 212 CHILDREN’S SSI CLAIMS § 212.1 1996 Changes to Children’s SSI Disability Statute: Overview § 212.2 Effect of Changes to Children’s SSI Disability Statute on Applicants and Recipients § 212.3 Step 1: Substantial Gainful Activity by Children § 212.4 Step 2: Severity of Childhood Impairment § 212.5 Step 3: Meeting a Childhood Listing § 212.6 Step 3: Medical Equivalency to a Childhood Listing § 212.7 Step 3: Functional Equivalency to a Childhood Listing § 212.8 SSI Children’s Claims: Evaluation of Adolescents § 212.9 SSI Children’s Claims: Cases Decided Under Old Law § 212.10 SSI Children’s Claims: Testimony of Parents § 212.11 SSI Children’s Claims: School Records § 212.12 Use of Standardized Testing § 300 SPECIFIC IMPAIRMENTS ISSUES § 301 ALCOHOLISM AND DRUG ADDICTION § 301.1 Alcoholism and Drug Addiction: Effective Date of 1996 Legislation § 301.2 Alcoholism or Drug Addiction as a Material Contributing Factor § 301.3 Establishing Disability Based on Alcoholism Under the Old Law § 301.4 Establishing Disability Based on Drug Addiction under the Old Law § 301.5 Evaluation of Fetal Alcohol Syndrome § 302 CARDIOVASCULAR IMPAIRMENTS § 302.1 Evaluation of Hypertension § 302.2 Evaluation of Heart Impairments § 303 CHEMICAL SENSITIVITY IMPAIRMENTS § 303.1 Evaluation of Chemical Sensitivity Impairments § 304 CHRONIC FATIGUE SYNDROME (CFS) § 304.1 CFS is a Medically Determinable Impairment § 304.2 Evaluation of CFS § 304.3 CFS: Objective Findings Not Necessary § 304.4 Need to Consider Agency Policy in Evaluating CFS § 305 DIGESTIVE SYSTEM IMPAIRMENTS § 305.1 Evaluation of Crohn’s Disease § 305.2 Evaluation of Other Digestive System Impairments § 306 ENDOCRINE IMPAIRMENTS (EXCEPT OBESITY) § 306.1 Evaluation of Diabetes § 306.2 Evaluation of Other Endocrine Impairments (Except Obesity) § 307 FIBROMYALGIA § 307.1 Fibromyalgia is a Medically Determinable Impairment § 307.2 Fibromyalgia: Credibility of Complaints of Pain § 307.3 Evaluation of Fibromyalgia § 308 GENITO-URINARY SYSTEM IMPAIRMENTS § 308.1 Evaluation of Urinary and Bowel Problems § 308.2 Evaluation of Nephrotic Syndrome § 309 GROWTH IMPAIRMENTS (CHILDHOOD LISTINGS) § 310 HEMIC AND LYMPHATIC SYSTEM IMPAIRMENTS § 310.1 Evaluation of Sickle Cell Anemia § 311 IMMUNE SYSTEM IMPAIRMENTS § 311.1 Evaluation of AIDS/HIV Infection § 311.2 Evaluation of Lupus § 311.3 Evaluation Connective Tissue Disorders § 311.4 Evaluation of Hodgkin’s Disease § 312 MENTAL IMPAIRMENTS § 312.1 Claimant’s Burden to Establish Existence of Mental Impairment § 312.2 Duty to Develop Record Regarding Mental Impairments § 312.3 Severity of Mental Impairments — General § 312.4 Limitations Contained on Mental RFC Forms § 312.5 Required Completion of the Psychiatric Review Technique Form (“PRTF”) § 312.6 Evaluation of Organic Mental Disorders § 312.7 Evaluation of Psychotic Illnesses § 312.8 Evaluation of Affective Disorders § 312.9 Evaluation of Mental Retardation § 312.10 Evaluation of Anxiety § 312.11 Evaluation of Attention Deficit Hyperactivity (“ADHD”) Disorder § 312.12 Validity of IQ Scores § 312.13 Evaluation of Mental Retardation in Children § 312.14 Evaluation of Somatoform Disorders/Chronic Pain Syndrome § 312.15 Evaluation of Personality Disorders § 312.16 Psychological Testing § 313 MUSCULOSKELETAL IMPAIRMENTS § 313.1 Evaluation of Arthritis § 313.2 Evaluation of Back Impairments § 313.3 Evaluation of Amputations § 313.4 Evaluation of Other Musculoskeletal Impairments § 314 MULTIPLE BODY SYSTEMS (CHILDHOOD LISTINGS) § 315 NEOPLASTIC DISEASES § 316 NEUROLOGICAL IMPAIRMENTS § 316.1 Evaluation of Epilepsy § 316.2 Evaluation of Parkinson’s Disease § 316.3 Evaluation of Multiple Sclerosis § 316.4 Evaluation of Headaches § 316.5 Evaluation of Post Polio Impairments § 316.6 Evaluation of Strokes § 316.7 Evaluation of Cerebral Palsy § 316.8 Evaluation of Muscular Dystrophy § 317 OBESITY § 317.1 Obesity Listing: Old Cases Decided Under Repealed Listing 9.09 § 317.2 Effect of Repeal of Obesity Listing § 317.3 Evaluation of Obesity § 317.4 Effect of Obesity on Other Impairments § 318 RESPIRATORY IMPAIRMENTS § 318.1 Evaluation of Asthma § 318.2 Evaluation of Other Respiratory Impairments § 319 SKIN IMPAIRMENTS § 320 SPECIAL SENSES AND SPEECH IMPAIRMENTS § 320.1 Visual Impairments § 320.2 Speech Impairments § 400 NON DISABILITY ISSUES § 401 SOCIAL SECURITY INSURANCE BENEFITS: ELIGIBILITY ISSUES § 401.1 Quarters of Coverage — Generally § 401.2 Quarters of Coverage — Self-Employed Workers § 401.3 Amending Earnings Records § 401.4 Family Maximum § 401.5 Benefit Amounts § 401.6 Earnings Limits § 401.7 Proof of Age § 401.8 Payment of Disability Insurance Benefits to Non-Citizens § 402 REDUCTION/SUSPENSION OF SOCIAL SECURITY INSURANCE BENEFITS § 402.1 Workers’ Compensation Offsets § 402.2 Reductions in Benefits due to Receipt of Federal, State or Local Pension § 402.3 Nonpayment of Benefits to Persons in Prisons § 402.4 Nonpayment of Benefits to Persons in Prisons: Vocational Rehabilitation Exception § 402.5 Social Security: Anti-Assignment Clause § 402.6 Nonpayment of Benefits to Fleeing Felons § 402.7 Windfall Offset Provisions § 402.8 Reduction Due to Excess Earnings § 403 RETIREMENT BENEFITS § 403.1 Burden to Establish Retirement § 403.2 Fictitious Family Salary Arrangements § 404 BENEFITS FOR SPOUSES § 404.1 Spouse Relationship — Generally § 404.2 Spouse Relationship — State Law § 404.3 Deemed Valid Marriage § 404.4 Divorced Spouses § 404.5 Widow’s Benefits § 405 BENEFITS FOR CHILDREN § 405.1 Child Relationship — Generally § 405.2 Child Relationship — Dependency Requirement § 405.3 Child Relationship — State Inheritance Laws § 405.4 Child Relationship — Acknowledgment in Writing § 405.5 Child Relationship — Court Order of Paternity § 405.6 Child Relationship — Evidence of Paternity and Living with or Supporting Child § 405.7 Benefits for Adopted Children § 405.8 Benefits for Stepchildren § 405.9 Benefits for Grandchildren and Stepgrandchildren § 405.10 Child Relationship – Country of Domicile § 406 BENEFITS FOR PARENTS § 406.1 Parent’s Insurance Benefits § 407 SSI ELIGIBILITY RULES § 407.1 Purpose of SSI Program § 407.2 Conditions of Eligibility — Generally § 407.3 Citizenship/Legal Residency Rules § 407.4 Age Requirement § 408 SSI INCOME RULES § 408.1 Definition of Income § 408.2 In-Kind Support and Maintenance — Generally § 408.3 In-Kind Support and Maintenance — Rental Subsidies § 408.4 Deeming of Income § 408.5 SSI Benefit Amounts § 408.6 SSI: Windfall Offset Provisions § 408.7 SSI: Anti-Assignment Clause § 408.8 Non-Payment of SSI Benefits to Persons in Institutions § 409 SSI RESOURCE RULES § 409.1 Definition of Resource § 409.2 Resource Exclusions — Generally § 409.3 Resource Exclusions — Trusts § 409.4 Resource Exclusions — Conservatory Accounts § 409.5 Resource Exclusions: Life Insurance § 409.6 Resource Exclusions: PASS Plans § 410 OVERPAYMENTS § 410.1 Liability for Overpayments — Generally § 410.2 Liability for Overpayments — Representative Payees § 410.3 Waiver of Overpayments — Generally § 410.4 Waiver of Overpayments — Burden of Proof § 410.5 Waiver of Overpayments — Fault § 410.6 Waiver of Overpayments — Defeat the Purpose of the Act § 410.7 Waiver of Overpayments — Against Equity and Good Conscience § 410.8 Waiver of Overpayments — Credibility Determinations § 411 REPRESENTATIVE PAYEES § 411.1 Representative Payees — Generally § 411.2 Order of Preference in Selecting Payees § 411.3 Duties of the Representative Payee § 411.4 Misuse of Benefits by Representative Payee § 500 ADMINISTRATIVE REVIEW ISSUES § 501 FILING OF APPLICATION AND APPEALS § 501.1 Need to File Application for Benefits § 501.2 Timing of Application § 501.3 Period of Time Effected by Application § 501.4 Duty to Advise Claimant of Need to File Application § 501.5 Timely Filing of Administrative Appeals § 501.6 Adequacy of Social Security Notices § 502 RIGHT TO COUNSEL § 502.1 Claimant’s Statutory Right to Counsel § 502.2 Waiver of Right to Counsel § 502.3 Need to Show Prejudice by Lack of Representation § 503 HEARING PROCEDURES § 503.1 Pre-Hearing Procedures § 503.2 Right to Appear at a Hearing § 503.3 Notification of Issues at Hearing § 503.4 Non-adversarial Nature of Hearing § 503.5 Right to Subpoena — General § 503.6 Right to Subpoena and Cross-Examine Those Who Submit Pre-Hearing Reports § 503.7 Waiver of Right to Subpoena and Cross-Examine Those Who Submit Pre-Hearing Reports § 503.8 Consideration of Non-Record Evidence § 503.9 Notice of Hearing Decision § 503.10 ALJ’s Duty to Follow Remand Orders § 503.11 Right of Non-Attorney Parent to Represent Child in SSI Child’s Claim § 503.12 ALJ’s Authority to Hear Case § 503.13 Closing the Record § 503.14 Notification of Reliance on SSR Instead of Individualized Determination § 504 ALJ’S DUTY TO DEVELOP THE RECORD § 504.1 ALJ’s Duty to Develop the Record — General § 504.2 Heightened Duty When Claimant Not Represented by Counsel § 504.3 Heightened Duty When Claimant Has Mental Impairments § 504.4 Duty to Obtain All Pertinent, Available Medical Records § 504.5 Duty to Elicit Testimony from Witnesses § 504.6 Duty to Order Consultative Examination § 504.7 Duty to Consider the Side Effects of Medications § 504.8 Duty to Obtain Medical Source Statements § 505 CLAIMANT’S RIGHT TO EXAMINE POST-HEARING EVIDENCE § 505.1 The ALJ is Permitted to Obtain Post-Hearing Evidence § 505.2 Right to Cross-Examine Those Who Submit Post-Hearing Evidence § 505.3 Waiver of the Right to Subpoena and Cross-Examine Those Who Submit Post-Hearing Reports § 506 RES JUDICATA AND COLLATERAL ESTOPPEL § 506.1 Res Judicata § 506.2 Doctrine of Collateral Estoppel § 507 REOPENINGS § 507.1 Regulatory Basis to Reopen Prior Claims § 507.2 Good Cause for Reopening Prior Claims § 507.3 Faulty SSA Notices Warrant Reopening at Any Time § 508 ALJ BIAS § 508.1 ALJ Must Afford Claimant a Full and Fair Hearing § 508.2 Need to Present Bias Claim Administratively § 508.3 If Bias Found, Case Should Be Heard by Different ALJ on Remand § 508.4 ALJ Bias and Due Process Violation § 509 APPEALS COUNCIL REVIEW § 509.1 Timeliness of Requesting Appeals Council Review § 509.2 Scope of Appeals Council Review § 509.3 New Evidence Submitted to the Appeals Council § 509.4 Basis to Deny Appeals Council Review § 509.5 Loss of Underlying Claim File by Appeals Council § 509.6 Appeals Council’s Duty to Develop Record § 509.7 Impact of Appeals Council’s Denial of Review § 600 FEDERAL COURT ISSUES § 601 WAIVER OF RIGHT TO RAISE ISSUES § 601.1 Waiver: Failure to Raise Issues Administratively § 601.2 Waiver: Failure to Properly Raise Issues in Federal Court § 602 JUDICIAL REVIEW OF DENIAL OF REOPENING REQUEST § 602.1 Denials of Requests for Reopening Generally Not Subject to Judicial Review § 602.2 Exception to Reopening Rule: Claimant Raises a Constitutional Challenge § 602.3 Exception to Reopening Rule: ALJ Reconsiders the Evidence of the Prior Claim § 603 OTHER PROCEDURAL ISSUES § 603.1 Judicial Review of Dismissal of Claim by SSA § 603.2 Need to Exhaust Administrative Remedies § 603.3 Record on Appeal § 603.4 Law of the Case Doctrine § 603.5 Post Hoc Justification of Administrative Decision § 603.6 Benefits Pending Review § 603.7 The Circuit Law to Apply When the Claimant Moves § 603.8 Writs of Mandamus/Injunctions Against SSA § 603.9 Relationship Between Concurrent ADA and Social Security Claim § 603.10 Impact of Changes in Law on Pending Cases § 603.11 Enforcement of Judgments § 603.12 Harmless Error § 603.13 Time Limits on Remand § 604 FEDERAL COURT PRACTICE § 604.1 Timeliness of Filing Complaint and Court Appeals § 604.2 Filing Federal Court Case In Forma Pauperis § 604.3 Appointment of Counsel § 604.4 Federal Court Memoranda Seeking Review of Commissioner’s Decision § 604.5 Oral Argument § 604.6 Filing Objections to Magistrate Judge’s Report & Recommendations § 604.7 Time Frames for Remand Proceedings § 604.8 Calculation of Federal Court Deadlines § 604.9 Need for Commissioner to File Complete Record § 604.10 Parties to the Case § 604.11 Scope of Federal Court Review of Newly Submitted Evidence to Appeals Council § 604.12 Rule 60(b) Motions to Set Aside Judgments in Social Security Cases § 604.13 Attorney Drafting of Magistrate’s Report and Recommendation § 604.14 Consent to Magistrate § 604.15 Judicial Notice § 604.16 Impact of the District Court Failing to Address All Issues § 604.17 Failure to Comply with Circuit Rules § 605 TYPES OF FEDERAL COURT REMANDS § 605.1 Fourth Sentence Remands § 605.2 Sixth Sentence Remands § 606 REMANDS DUE TO NEW EVIDENCE § 606.1 Statutory Standard Set Forth in 42 U.S.C. § 405(g) § 606.2 Requirement that Evidence Be “New” § 606.3 Materiality Requirement § 606.4 Good Cause Requirement § 607 REVERSALS FOR PAYMENT OF BENEFITS § 607.1 Reversal Warranted Where Entitlement is Clear from the Record § 607.2 Reversal Warranted Because Claimant’s Impairment Meets a Listing § 607.3 Reversal Warranted Because Commissioner Failed to Meet Burden of Proof § 607.4 Reversal Warranted Due to the Failure to Apply Correct Legal Standards § 607.5 Denial of Request for Remand for an Award of Benefits § 607.6 Reversal Warranted Due to Unreasonable Delays § 608 SOCIAL SECURITY CLASS ACTION CASES § 608.1 State Disability Agencies Class Action Cases § 608.2 Other Disability Class Action Cases § 608.3 Non-Disability Class Action Cases § 700 ATTORNEYS’ FEES § 701 Federal Court Fees Under § 406(b) § 701.1 Entitlement to Fees Under § 406(b) — Generally § 701.2 § 406(b) Fees: Method of Determining Fee § 701.3 § 406(b) Fees: Establishing Market Rates § 701.4 § 406(b) Fees: Documentation of Time § 701.5 § 406(b) Fees: Need to Explain Basis for Fee Award § 701.6 § 406(b) Fees: Relationship with EAJA Fees § 701.7 § 406(b) Fees: Timeliness of Fee Application § 701.8 § 406(b) Fees: Amount of Fees § 701.9 Appellate Review of § 406(b) Fees § 701.10 Attorneys’ Fees for Federal Court Work in SSI Cases § 701.11 § 406(b) Fees: Pleading Requirements § 701.12 Purpose of § 406(b) Fees § 702 Equal Access to Justice Act § 702.1 Purpose of the EAJA § 702.2 Duty to File for EAJA Fees § 702.3 EAJA Pleading Requirements § 702.4 EAJA: Prevailing Party Requirement § 702.5 EAJA: Substantial Justification Standard § 702.6 EAJA: Special Circumstances Exception § 702.7 EAJA: Bad Faith Fees § 702.8 EAJA: Amount of Award — Hourly Rate § 702.9 EAJA: Amount of Award — Results Obtained § 702.10 EAJA: Amount of Award — Hours Claimed § 702.11 EAJA: Documentation of Time § 702.12 EAJA: Fees for Law Clerk/Paralegal Time § 702.13 EAJA: Fees for Outsourced Legal Work § 702.14 EAJA: Costs Recoverable § 702.15 EAJA: Fees for Fees § 702.16 EAJA: Relationship with § 406(b) Fees § 702.17 EAJA: Timeliness of Fee Application § 702.18 Appellate Review of EAJA Fees § 703 Administrative Attorneys’ Fees § 703.1 Administrative Attorneys’ Fees: Amount of Fees § 703.2 Administrative Attorney’s Fees and Federal Jurisdiction § 703.3 Administrative Attorney Fees: Fee Agreement Process § 703.4 Administrative Attorney Fees: Fee Petition Process § 800 SOURCE OF LAW ISSUES § 801 Legal Authority: Social Security Regulations § 802 Legal Authority: Social Security Rulings § 803 Legal Authority: POMS and HALLEX § 804 Legal Authority: Dictionary of Occupational Titles (DOT)
III. Issue Topics Sequential Evaluation Process
§ 1103 The Definition of a “Severe Impairment” § 1104.5 Medical Equivalence to a Listing: The ALJ’s Responsibility to Obtain Medical Expert Opinion § 1105.1 Cases Citing SSR 96-8p, Governing the Assessment of RFC in Initial Claims § 1105.2 Social Security Ruling 96-9p and the Erosion of the Unskilled Sedentary Occupational Work Base § 1105.8 Residual Functional Capacity: Impact of Sit/Stand Option on the Sedentary Work RFC § 1105.10 Lack of an Updated or Any Residual Functional Capacity Assessment in the Record § 1106.4 Past Relevant Work: Work Performed for Less Than Three Months § 1106.6 Past Relevant Work: Work Performed More Than Fifteen Years Prior to the Date of Adjudication § 1107.4 Effect of Borderline Age on the Application of the Medical-Vocational Guidelines (“Grids”)
§ 1107.5 Effect of the Claimant’s Illiteracy on the Application of the Medical-Vocational Guidelines (“Grids”) § 1107.7 Effect of Inability to Speak English on the Application of the Medical-Vocational Guidelines (“Grids”) § 1107.11 Effect of Borderline Mental Capacity (IQ of 71-79) on the Application of the Medical-Vocational Guidelines (“Grids”) § 1107.14 Manipulative Limitations and their Effect on the Ability to Perform the Full Range of Sedentary Work § 1107.15 Inability to Stoop and its Effect on the Ability to Perform the Full Range of Sedentary Work § 1107.18 Effect of Americans with Disabilities Act Accommodation on the Ability to Perform Other Work § 1107.22 Application of the "Worn-Out Worker" Regulation Assessment of Disability Issues § 1202.6 The ALJ’s Duty to Recontact the Treating Physician Pursuant to § 404.1512(e) § 1203.6 Weight of Non-Examining Reviewing Consultant § 1203.14 Weight of Evidence from a Chiropractor § 1203.15 Weight of Evidence from a Nurse Practitioner § 1205 Significant Reported Circuit Court Decisions Governing the Analysis of Subjective Complaints of Pain § 1207.1 Effect of Disability Determinations of Other Agencies § 1208.5 Inability to Afford Treatment § 1209.3 Onset Date: The Need for a Medical Expert if the Onset Date is Unclear § 1210.8 Limitations Contained on the Psychiatric Review Technique Form (“PRTF”) and Their Impact on Vocational Expert Testimony § 1210.12 Vocational Expert Testimony Which Conflicts with the Dictionary of Occupational Titles (“DOT”) Specific Impairments § 1301.1 Alcohol and Drug Addiction — Effective Date of the 1996 Legislation § 1301.2 Establishing Disability Based on Alcohol or Drug Addiction Under New Law § 1303 Specific Impairments: Chemical Sensitivity and Environmental Illness and/or Limitation Cases § 1304 Specific Impairments: Chronic Fatigue Syndrome (CFS) § 1307 Specific Impairments: Fibromyalgia § 1311.2 Specific Impairments: Disseminated (Systemic) Lupus Erythematosus § 1312.5 Mental Impairments: Impact of the ALJ’s Failure to Complete Psychiatric Review Technique Form § 1312.9 The Required Severity of the “Other Impairment(s)” Under Listing 12.05 (C) § 1317 Specific Impairments: Meeting the Deleted Obesity Listing § 1317.1 Specific Impairments: the Effect of the Deletion of the Obesity Listing on Claimants Suffering from Obesity Administrative Review Issues § 1505 Claimant’s Right to Cross-Examine Post Hearing Evidence — Consultant’s Report § 1508 ALJ Bias Federal Court Issues §1601.1 Waiver: Raising Issues Before the District Court that Were Not Raised by the Claimant Before the Administrative Law Judge § 1601.2 Waiver: Raising Issues Before the District Court that Were not Raised by the Claimant Before the Appeals Council § 1603.5 Post Hoc Justification: No Monday Morning Quarterbacking Allowed Attorneys’ Fees § 1702.7 Equal Access to Justice Act: Reasonableness of Number of Hours Claimed by Attorney Source of Law § 1803.1 Legal Authority: Authority of HALLEX and POMS
List of Commonly Used Abbreviations AC Appeals Council ADA Americans with Disabilities Act ALJ Administrative Law Judge CFS Chronic Fatigue Syndrome Commissioner Commissioner of Social Security Grids Medical-Vocational Guidelines, 20 C.F.R. Pt. 404, Subpt. P, App. 2 HALLEX Hearings, Appeal and Litigation Law Manual POMS Department of Health and Human Services Program Operation Manual System PRTF Psychiatric Review Technique Form RFC Residual Functional Capacity SGA &nbs |
