Preliminary Sections

• Author: David Traver
• Pages: 1-28

UPDATED, ENHANCED, OR NEW SECTIONS

2. Standards of Review and Federal Court Remedies

• Standards of Review in Federal Court §201.4

• SSA’s Legal Error Tactic in Federal Court §204.2

• Nonadversarial Social Security Administrative Proceedings and the Commissioner’s Duty Fully and

Fairly to Develop the Record §207

• New “Unreviewable” Late Evidence to the Appeals Council May Be “Reviewable” §208.6

• Vasquez, the Ninth Circuit Credit-as-True Rule Under Fire §209.3.1

• When Is an Application Timely Filed Under the EAJA? §210.3

• Sample EAJA Motion — One Attorney — Work in District Court Only §210.9

• Sample EAJA Declaration — One Attorney — Work in District Court Only §210.9.1

• Sample EAJA Calculations §210.9.2

3. Topical and Sequential Evaluation Outlines

• Introduction — List of Commonly Used Rulings §300

• New History of the Relevant CFR Sections §301.13

5. SSR 96-2p: Giving Controlling Weight to Treating Source Medical Opinions

• Introduction §500

• Practice Tip: “Not Consistent” Is Not the Same as “Consistent” §502.3

• Treating Sources and “Medical Opinions” §503

• “Issues Reserved to the Commissioner” and Residual Functional Capacity (RFC) §503.4

• Bursting Bubble Theory and the Seventh Circuit §504.1

• “Recontacting” Medical Sources Has Been Replaced With “Every Reasonable Effort” §512.2

9. SSR 96-6p: Consideration of Administrative Findings of Fact by State Agency Medical and

Psychological Consultants and Other Program Physicians and Psychologists at the Administrative

Law Judge and Appeals Council Levels of Administrative Review; Medical Equivalence

• New Practice Tip: Sample Argument §900.0.2

10. SSR 96-7p: Evaluation of Symptoms in Disability Claims: Assessing the Credibility of an

Individual’s Statements

• New Practice Tip: “Mental Retardation” Is Now “Intellectual Disability” §1003.2

• New Sample Brief: Boilerplate Credibility Determination §1019.1

11. SSR 96-8p: Assessing Residual Functional Capacity in Initial Claims

• New Practice Tip — Sample Brief — Less Than Full-Time Work, Sit/Stand at Will §1102.3.1

• New Practice Tip: Mental RFC Form SSA-4734-F4-SUP §1102.10

Social Security Disability

Advocate’s Handbook

by David Traver

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HIGHLIGHTS

This update to Mr. Traver’s Social Security Disability Advocate’s Handbook

includes 12 new sections, updates and revisions to more than 30 sections, and up-

to-date information throughout the entire handbook, including:

14. The Dictionary of Occupational Titles, Structure, History, Reliability, and Validity

• Summary: Sources of Error in the DOT §1403.1

• New DOT and OIDAP: Recommendations for the Future §1403.1.1

• The DOT Is a Dead Letter Because It Is Obsolete §1403.3.2

• New What Next? Occupational Information System Project §1404.2

15. Other Sources of Vocational Data

• New Practice Tip: Surveillance-System Monitors in Transportation Terminals Have Been Replaced by

Transportation Security Officers (TSO) From the TSA §1506.1

• The Limitations of the “Crosswalk” §1507.1

• New Data Limitation §1510.2.1

• Problems With the PAQ/ERI Data §1510.3.2

• New SkillTRAN §1510.4

18. Transferability of Skills Analysis

• Classifying a Claimant’s Previous Work Experience as Past Relevant Work (PRW) §1804

19. Attacking Vocational Expert Testimony

• Motion for the Issuance of a Subpoena Duces Tecum — Long Form §1902.1.3.1

20. Vocational Expert Testimony on the Number of Jobs Available at Step Five

• Introduction §2000

• The Vocational Expert’s Proffered Job Numbers Should Not Be Accepted at Face Value §2003

• If You Do Not Object to the Vocational Expert’s Testimony at the Hearing, You Have Waived Any

Subsequent Objection Upon Appeal §2004

• Note Regarding SSR 00-4p, Donahue, and Job Numbers §2005

• What Is the Area of Expertise of the Vocational Expert? §2006

• Where to Start §2007

• The Survey Instrument §2008.1.2

• Extrapolation in Case Law §2008.2.2

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