Social Security Disability Claims 101 for Paralegals and Associates

Lindsay Osterhout | Osterhout Berger Daley

A native of western Pennsylvania, Lindsay always knew she wanted to be involved in an area of law that helped others. She began her work helping individuals with disabilities while still in law school. As a student, she participated in the University of Pittsburgh School of Law Disability Law Clinic. The clinic allowed her to represent disability claimants in front of Social Security under the supervision of her professor. Additionally, while in law school, she worked at a local firm supporting attorneys who handled disability claims. Following graduation, Lindsay continued her work at the firm for two years and began representing claimants once admitted into practice. She joined the practice with a local sole practitioner in 2007. Along with being a partner at Osterhout Berger Daley and running the Admin Department, she and her partner Hannalore Merritt, Esq. began a legal service company, Legal Compass, providing case summary services and court filing services for individuals representing Social Security claimants.

In her community, Lindsay served on her local Borough council. Before becoming an elected official, she volunteered as a board member of the Oakmont Carnegie Library and supports her local chapter of Girls on the Run. Currently, she is enjoying being the mom of two teen boys.

I. Synopsis of SSD and SSI programs | 1:00pm – 1:15pm

• Definition of disability
• What is the difference between SSD and SSI
• Work credits and work history requirements

II. Filing the disability claim | 1:15pm – 1:30pm

• Step-by-step process for completing and filing the SSD application
• Necessary forms, supporting documents, and evidence (e.g., medical records, work history)
• The role of paralegals and associates in gathering and reviewing documents

III. The 5-step sequential evaluation | 1:30pm – 1:45pm

• Substantial gainful activity
• Understanding the SSA’s listing of impairments
• Residual functional capacity finding
• Application of the medical vocational guideline “grid” rules

IV. Claim evaluation by level and how to prepare | 1:45pm – 2:00pm

• Evaluation of claims at the Initial and reconsideration levels
  • DDS adjudicator vs ALJ
• Evaluation of claims at the hearing level
  • Vocational analysis
  • Types of evidence and how they impact the claim
• Evaluation of claims at the appeals council
  • Reasonable person standard

Break | 2:00pm – 2:10pm

V. Effective disability arguments | 2:10pm – 2:30pm

• Listing argument
• Medical vocational guideline “grid” argument
• Step 5 less than sedentary argument

VI. The process for appealing a denied claim by level | 2:30pm – 2:50pm

• Initial and reconsideration denials
• Hearing denial
• Appeals council denial

VII.  Practical tips for paralegals and associates | 2:50pm – 3:10pm

• Tips for managing client expectations and communication during the claim process
• Ethical considerations for handling confidential client information