NOSSCR Conference (May, 2011)

The National Organization of Social Security Claimants’ Representatives

At the May 2011 conference of NOSSCR, Neil Good offered legal strategies to Social Security Disability attorneys and advocates on how to cross-examine medical experts in disability cases.

NOSSCR — The National Organization of Social Security Claimants’ Representatives — includes more than 4,000 attorneys and advocates who represent Social Security and Supplemental Security Income claimants. Members are committed to providing high-quality representation for claimants, maintaining a system of full and fair adjudication for every claimant and advocating for beneficial change in the disability determination and adjudication process.

Mr. Good offered two seminars: “Cross-Examining the ME (medical expert) so the Claimant’s Treating Physician Opinions Have Controlling Weight” and “Cross Examining the ME (medical expert) on Consistencies in the File and Giving the Claimant’s Treating Physical Controlling Weight.”

Such testimony would occur during a hearing before an administrative law judge, appealing a previous denial.

In both presentations, he outlined the rules that apply, and went over cross-examination techniques, how to plan a cross-examination as well as a portion of a sample cross-examination. The goal of cross-examination is:

•Structure questions so the ME admits the doctor is a treating source
•Structure questions so the ME gives controlling weight to YOUR treating source
•Structure questions so the ME admits the treating source opinion should have the greater weight

The information presented in the seminars is important for Social Security Disability attorneys and advocates. At such hearings, the Social Security Administration usually brings in its own medical expert, who frequently ignores the medical records in the case, and say the claimant is fine. Cross-examination of the expert, therefore, is key and preparation is critical. Mr. Good’s seminar outlined ways to best deal with this situation.

Click below to view the PowerPoint presentation of Mr. Good’s seminars:

Click below to view the Powerpoint presentation of Mr. Good’s seminars: