Index of the
California Social Security Attorney Blog
I. Vocational Expert Cross-Examination
Achilles Heel, Vocational Expert Cross-Examination, NOSSCR June 2017
Shameless Plug - Vocational Expert Cross-Examination - at NOSSCR June 2017
Vocational Expert Cross -- Slides from Vegas
Serial Hypothetical Questions - Makes Cross Impossible
Minimal or Superficial Contact with Coworkers and Supervisors -- A Debilitating Limitation
How to Cross-Examine a Vocational Expert on Superficial Contact with Supervisors
Surprise and the Post-Hearing Brief
When to Cross-Examine Vocational Experts
Vocational Expert Cross -- Phoenix So
Be Prepared to Defend Cross-Examination on the OOH and CBP
II. Numbers
The Vocational Expert is Not a Statistician
It Really is Time to Object to Vocational Experts Giving Numbers Testimony -- Always
Vocational Experts, Trains, Automobiles, and Lies
III. Vocational Resources
It Really is Time to Object to Vocational Experts Giving Numbers Testimony -- Always
Vocational Experts, Trains, Automobiles, and Lies
III. Vocational Resources
Social Security Ruling 00-4p Warrants No Deference
Glossary of Terms for the Occupational Outlook Handbook
Unskilled Light Work and the Occupational Outlook Handbook
No High School, Unskilled Work and the OOH
Can We Refer to the O*NET in Disability Cases?
Production Workers, All Other, and the Occupational Employment Quarterly
Obsolete Occupations
Transferable Skills Analysis
Free v. Social Security Administration, Atmospheric Conditions Includes Dust, Fumes, and Gases
Occupational Requirements Survey, SSA, and Proof of Work
County Business Patterns and a National Program of Adjudication
The Future of the O*NET for SSA Adjudication
The Occupational Outlook Handbook -- Why Do ALJs and Vocational Experts Question the Application
Selected Characteristics -- Important Definitions of Physical DemandsGlossary of Terms for the Occupational Outlook Handbook
Unskilled Light Work and the Occupational Outlook Handbook
No High School, Unskilled Work and the OOH
Can We Refer to the O*NET in Disability Cases?
Production Workers, All Other, and the Occupational Employment Quarterly
Obsolete Occupations
Transferable Skills Analysis
Free v. Social Security Administration, Atmospheric Conditions Includes Dust, Fumes, and Gases
Occupational Requirements Survey, SSA, and Proof of Work
County Business Patterns and a National Program of Adjudication
The Future of the O*NET for SSA Adjudication
The Occupational Outlook Handbook -- Why Do ALJs and Vocational Experts Question the Application
Selected Characteristics -- Important Definitions of Environmental Demands
Understanding Production Workers, All Other -- SOC 51-9199
Production Workers, All Other -- List of DOT Industries and Number of Occupations
Production Workers, All Other, and the Occupational Employment Quarterly
Production Workers, All Other -- Are There Significant Numbers of Unskilled Jobs?
Production Workers, All Other and the Existence of Any Sedentary Work
Final Assembler, Lens Inserter, and the Optical Goods Industry
Production Workers, All Other and the Optical Goods Industry
How Much of Production Workers, All Other, Requires Medium Exertion?
Sedentary Cashier Jobs -- Don't Exist per the BLS
Cashiers and the Sit-Stand Option is Not Generally Available
Counter Clerks -- DOT 249.366-010
Furniture Rental Consultants 295-357-018
Furniture Rental Consultants part II
Investigator, Dealer Accounts, 241.367-038
Order Clerk, Food and Beverage, 209.567-014
Vocational Experts Will Say Anything
Parimutuel-Ticket Checker 219.587-010 -- Sedentary Job Numbers
Counter Clerk (photofinishing) - Viewed Through the DOT
How to Access County Business Patterns
IV. Vocational Factors
High School Education inAnother Language is Irrelevant
Lockwood is Dead, Long Live HALLEX
V. Occupational Groups
IV. Vocational Factors
High School Education inAnother Language is Irrelevant
Lockwood is Dead, Long Live HALLEX
V. Occupational Groups
1. Production Workers, All Other, SOC 51-9199Production Workers, all other SOC 51-9199
Understanding Production Workers, All Other -- SOC 51-9199
Production Workers, All Other -- List of DOT Industries and Number of Occupations
Production Workers, All Other, and the Occupational Employment Quarterly
Production Workers, All Other -- Are There Significant Numbers of Unskilled Jobs?
Production Workers, All Other and the Existence of Any Sedentary Work
Final Assembler, Lens Inserter, and the Optical Goods Industry
Production Workers, All Other and the Optical Goods Industry
How Much of Production Workers, All Other, Requires Medium Exertion?
2. Packing JobsThere are No Sedentary Packing Jobs in the Economy
3. CashieringCashier II and the Sit-Stand Option
Sedentary Cashier Jobs -- Don't Exist per the BLS
Cashiers and the Sit-Stand Option is Not Generally Available
4. Clerical and ClerksCall-Out Operator (DOT 237.367-014) No Longer Exists
Counter Clerks -- DOT 249.366-010
Furniture Rental Consultants 295-357-018
Furniture Rental Consultants part II
Investigator, Dealer Accounts, 241.367-038
Order Clerk, Food and Beverage, 209.567-014
Vocational Experts Will Say Anything
Parimutuel-Ticket Checker 219.587-010 -- Sedentary Job Numbers
Counter Clerk (photofinishing) - Viewed Through the DOT
5. Sewing Machine OperatorsA Follow-Up on Sample Maker
6. Inspectors
Film Touch-Up Inspector, DOT 726.684-050, Occasional Decision-Making - You Can't Be Serious
VI. Policy, Ethics, and Professionalism
Chiclets, Poverty, and Policy
Is the Attorney Representative All that AND a Bag of Potato Chips?
Test Your Knowledge of How the Disability Insurance Benefit Program Works
How Did You Do on the Test?
Rules Matter -- Cuevas v. Hartley and Kozinski's Dissent
Rudolph Patterson, NOSSCR founder, has passed
What Happens When Allowance Rates Drop ... to the Public Fisc
Brief Writing Tips in SS cases
Senator Coburn's Suggestions for SS Disability as He Leaves Congress
I answer the questions from the NOSSCR conference in Las Vegas
Recent Spate of Disability Fraud Discussions
How to Find a Lawyer
Social Security Disability Adjudcation -- Get Real
SSA Makes its Own Case for the Disability Program
An Open Letter from Former Commissioners of the Social Security Administration
Wall Street Journal and Binder & Binder
The Eastern District of California - Fresno Division
More on Judges that Vary from the Norm
Administrative Law and the Lottery
Some Judges Can't Say No, but Others Can't Say Yes
Trust Fund Exhaustion One Year Sooner -- 2036 !!!
Retirement Program Broke in 2037
Medicare and a Partial Solution
Social Security and Paternity
VII. Agency Policy – The Regulations, Rulings, POMS, and HALLEX
Social Security Rulings 16-3p and 96-7p
Social Security Rulings 96-7p and 16-3p
The Treating Physician Rule Will Die, Now What?
The Treating Physician Rule
Shapiro v. Social Security Administration -- ALJ firing upheld
ODAR Hasn't Vetted POMS ... So What?
Subsequent Applications -- Just Do It
Subsequent Applications and Fees -- Oh My
Social Security Ruling 11-1p
NOSSCR Conference in Baltimore - May 2011
VIII. EAJA Fees
EAJA Timeliness and Prematurity
The EAJA Offset and 406(b) Fees
EAJA Offset
Hardisty v. Astrue-- EAJA and Unreached Issues
Court Scrutiny of EAJA Settlements with a Federal Agency
Notes on McLean v. Colvin — and EAJA Case
When the Commissioner Stipulates to Remand, the Plaintiff Always Gets EAJA Fees
The Court Orders the Payment of Benefits and SSA Drags Its Feet
IX. Contingency Fees
The Fallacy of the Labor Value Matrix - Contingency Fees
1. Fee Petitions and Travel Time in Social Security Cases
2. May a Representative Charge for Time After the Favorable Decision in Social Security Cases?
3. May a Representative that Worked on a Case and Subsequently Appointed Annotate on the Itemization Services Provided Before the Actual Appointment?
EM-13024 And Fees to Representatives that Waive Direct Payment
OPINION LETTER ON REFERRAL FEES
NOSSCR Conference in Baltimore - May 2011
X. Agency Policy
The Five-Day Rule
Electronic Folders ... the New SSA
Electronic Banking and Social Security
SSA announces top baby names
XI. Court Decisions
Hey Courts -- Apply the Law in Effect at the Time of Decision
The Limited Utility of Unpublished Opinions
A Dangerous Trend -- Re-Writing the ALJ Decision
Attmore v. Colvin - Medical Improvement Standard
Notes on McLean v. Colvin — and EAJA Case
Notes on Finnegan-Crews v. Colvin
Turning Down the Heat on the "Remand for the Payment of Benefits"
Dominguez v. Colvin -- the CAT and Award of Benefits
Remand for Further Proceedings in Esparza v. Colvin
Sheridan v. Colvin ... another unpublished opinion
Harshaw v. Colvin
Phillips v. Colvin/Commissioner
Young v. Colvin
McLeod or Chaudhry -- the Duty to Develop
Beltran v. Astrue
Hardisty v. Astrue-- EAJA and Unreached Issues
Taylor v. Commissioner of SSA
Carrillo Yeras v. Astrue
Aarestad v. Commissioner
Scalia Prepares to do a 360?
Keyser v. Commissioner of SSA
Bassett v. Astrue
Roberts v. Commissioner of SSA
Lockwood v. Astrue
Strauss v. CSSA
Pending at the Supreme Court
7. Surveillance Systems MonitorThe Nail in the Coffin - Surveillance Systems Monitor
8. Maids and Housekeeping CleanersMaids and Housekeeping Cleaners -- Standing, Walking; Full-Time; and Public
VI. Policy, Ethics, and Professionalism
Chiclets, Poverty, and Policy
Is the Attorney Representative All that AND a Bag of Potato Chips?
Test Your Knowledge of How the Disability Insurance Benefit Program Works
How Did You Do on the Test?
Rules Matter -- Cuevas v. Hartley and Kozinski's Dissent
Rudolph Patterson, NOSSCR founder, has passed
What Happens When Allowance Rates Drop ... to the Public Fisc
Brief Writing Tips in SS cases
Senator Coburn's Suggestions for SS Disability as He Leaves Congress
I answer the questions from the NOSSCR conference in Las Vegas
Recent Spate of Disability Fraud Discussions
How to Find a Lawyer
Social Security Disability Adjudcation -- Get Real
SSA Makes its Own Case for the Disability Program
An Open Letter from Former Commissioners of the Social Security Administration
Wall Street Journal and Binder & Binder
The Eastern District of California - Fresno Division
More on Judges that Vary from the Norm
Administrative Law and the Lottery
Some Judges Can't Say No, but Others Can't Say Yes
Trust Fund Exhaustion One Year Sooner -- 2036 !!!
Retirement Program Broke in 2037
Medicare and a Partial Solution
Social Security and Paternity
VII. Agency Policy – The Regulations, Rulings, POMS, and HALLEX
Social Security Rulings 16-3p and 96-7p
Social Security Rulings 96-7p and 16-3p
The Treating Physician Rule Will Die, Now What?
The Treating Physician Rule
Shapiro v. Social Security Administration -- ALJ firing upheld
ODAR Hasn't Vetted POMS ... So What?
Subsequent Applications -- Just Do It
Subsequent Applications and Fees -- Oh My
Social Security Ruling 11-1p
NOSSCR Conference in Baltimore - May 2011
VIII. EAJA Fees
EAJA Timeliness and Prematurity
The EAJA Offset and 406(b) Fees
EAJA Offset
Hardisty v. Astrue-- EAJA and Unreached Issues
Court Scrutiny of EAJA Settlements with a Federal Agency
Notes on McLean v. Colvin — and EAJA Case
When the Commissioner Stipulates to Remand, the Plaintiff Always Gets EAJA Fees
The Court Orders the Payment of Benefits and SSA Drags Its Feet
IX. Contingency Fees
The Fallacy of the Labor Value Matrix - Contingency Fees
1. Fee Petitions and Travel Time in Social Security Cases
2. May a Representative Charge for Time After the Favorable Decision in Social Security Cases?
3. May a Representative that Worked on a Case and Subsequently Appointed Annotate on the Itemization Services Provided Before the Actual Appointment?
EM-13024 And Fees to Representatives that Waive Direct Payment
OPINION LETTER ON REFERRAL FEES
NOSSCR Conference in Baltimore - May 2011
X. Agency Policy
The Five-Day Rule
Electronic Folders ... the New SSA
Electronic Banking and Social Security
SSA announces top baby names
XI. Court Decisions
Hey Courts -- Apply the Law in Effect at the Time of Decision
The Limited Utility of Unpublished Opinions
A Dangerous Trend -- Re-Writing the ALJ Decision
Attmore v. Colvin - Medical Improvement Standard
Notes on McLean v. Colvin — and EAJA Case
Notes on Finnegan-Crews v. Colvin
Turning Down the Heat on the "Remand for the Payment of Benefits"
Dominguez v. Colvin -- the CAT and Award of Benefits
Remand for Further Proceedings in Esparza v. Colvin
Sheridan v. Colvin ... another unpublished opinion
Harshaw v. Colvin
Phillips v. Colvin/Commissioner
Young v. Colvin
McLeod or Chaudhry -- the Duty to Develop
Beltran v. Astrue
Hardisty v. Astrue-- EAJA and Unreached Issues
Taylor v. Commissioner of SSA
Carrillo Yeras v. Astrue
Aarestad v. Commissioner
Scalia Prepares to do a 360?
Keyser v. Commissioner of SSA
Bassett v. Astrue
Roberts v. Commissioner of SSA
Lockwood v. Astrue
Strauss v. CSSA
Pending at the Supreme Court
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