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CLE# 2013-039: Social Security Disability Appeals: Appeals Council and Federal District Court Practice

Credits: 2.0 General / 1.0 Ethics

Date: Friday, December 6, 2013


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Purchase Program Recording (includes course material):

  • DVD: $79.00

Course Materials Only:

*No CLE credit for materials only.


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1:15 p.m. Check-in Begins

1:30 p.m. Welcome and Overview

Appeals Council Practice

- Issue exhaustion not required at AC prior to federal district court

- Framing the contentions—arguments and points for review

- Resources for authorities in AC practice, SSRs, ssa.gov site, NOSSCR search utility, Cornell Law School

LII (Martin digital resource)

2:00 p.m. Federal District Court Practice – Focus on appeals to the District of Alaska

RESOURCES

- Resources for federal court practice

- Consideration of strategy and outcomes as a result of federal court representation: what do you hope

to achieve and will it make a difference?

PRECEDENTS

Learning from District of Alaska, Ninth Circuit, SCOTUS, other courts

2:30 p.m. Break

2:40 p.m. Continue with Federal District Court Practice

3:40 p.m. Break

3:50 p.m. Attorney’s fee [Ethics credit, 1 hr.]

TECHNICAL ASPECTS AND CONSIDERATIONS

- Sources of attorney’s fees for federal court work

- Equal Access to Justice Act fees (U. S. Treasury as source)

- Statutory fees under the Social Security Act (client’s past due benefits; contingent fee)

REVIEW OF PRECEDENTS RELATING TO FEES

4:50 p.m. Concluding remarks and/or Questions

5:00 p.m. Adjourn

 


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