This is a webcast of the live San Francisco session.Why you should attend
The need for pro bono assistance with administrative hearings has never been higher. The increase trend of employers challenging all Unemployment Benefits claims has been combined with the explosion of UI claims during the recession. The recession and aging of the workforce has resulted in an increase in disability-based Social Security claims. Budget cuts and program changes have created a “perfect storm” for public assistance recipients, and delays in obtaining much needed benefits. Several significant changes to key benefits programs have occurred in recent years, imposing new complex rules. At the same time, county staff has shrunk, and experienced workers retired, increasing the occurrence of administrative errors and problems with client’s receipt of the benefits to which they are entitled. Legal Services also suffered staffing cuts, with reduced ability to represent clients in these cases. Unfortunately, many individuals who are owed desperately needed funds, or who have had their benefits improperly lowered or terminated, cannot make it through the appeals system without the benefit of legal counsel to guide them through the process or to vigorously defend against unlawful actions. As a result, families face the very real possibility of loss of income, hunger, homelessness, and overall family instability.
This training is designed to help mitigate the crisis by providing attorneys with a basic understanding of common issues and strategies in providing assistance with administrative appeals.
What you will learn
- The types of administrative hearings low income clients most frequently need
- Special focus on SSI, Unemployment, and Social Services (“welfare”) claims; Labor Commissioner wage claims, occupational licenses
- Common advocacy strategies and procedures for administrative hearings
- Obtaining evidence
- Position statements/hearing briefs
- Presenting your case
- Rehearings and Appeals
Who should attend
All attorneys interested in or currently assisting pro bono clients with public benefits matters through representation or in clinical settings, law firm pro bono coordinators, managers and partners, law clinic students and faculty, and public interest and non-profit organization attorneys and staff would benefit from attending this program.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
9:00 Program Overview and Introductions
Jodie Berger
9:15
I. Overview of Administrative Hearing
A. Approach to Training
- Much in common, each agency has special aspects
- Brief introduction to common benefit programs and common situations why/when hearings may occur
- Review of basics
B. Key Differences From Court
- Aid Paid Pending or Benefits Continuation
- Evidence Rules
- Appeals based on admin record
- “Discovery”
- More informal setting, tone, rules
- ALJ’s accustomed to Lay (or no) representation
- Office of Administrative Law Hearings/APA rules
Jodie Berger
II. Requesting and Preparing for Hearing
A. Jurisdictional & Aid Paid Pending (APP) Limits
- Varies by program
- County programs (like GA, County Health) can be as short as 1 week
- Some programs include additional time for good cause or equity (e.g. WIC 10951, lack of notice)
- Some have different APP from jurisdictional limits
- Some require confirmation of issues (APA hearings) with deadline to submit
- Can be different w/in program (e.g. SSA initial claims; Continuing Disability Reviews (CDRs); age 18 redeterminations)
- Asking for the hearing: what to say
- Various program examples
- Issues
- Date of notice vs. date of mailing (keep envelope); agency presumption of 5 days for mailing
- Default for APA hearings
B. Requesting Format of Hearing and Special Services
- In person vs. video vs. phone hearings (SSA regs include right to in-person hearing)
- Interpreters and Accommodations
- Various program examples
C. Discovery
- Varies by program
- Often informal
- File review
- Access issues (privilege/confidentiality; Fraud reports)
- Some (APA) hearings have more formal process and strict timelines
- Statutory and regulatory rules re: charging fees to access record copies
- Issues with/availability of electronic review
- Various program examples
D. Witnesses and Subpoenas
- Varies by program
- Often informal
- May accept affidavit, even w/o foundation for absence or penalty of perjury
- Often allow witnesses (including complainant) to call in
- Most have subpoenas, not all websites/regs tell you how to get it
- Many subpoenas are not enforceable, but can reference issued
- Service issues for clients
- SSA ALJ may issue subpoena for records or testimony or interrogatories to a treating clinician or medical expert
- Client and witness preparation
- Various program examples
E. Position Statements
- Notice of Hearing may list issues/experts (e.g. SSA Notice of Hearing)
- Some (e.g. CDSS) require, and have deadline, for agency position
- Some require listing relevant rules; witnesses to be called
- State / County generally have burden to prove basis for county/state action
- SSA burden on claimant to provide evidence of disability; burden shifts to SSA to provide evidence of ability to perform work
- Claimant’s position: generally no requirement but helpful (Samples in materials)
F. Postponements
Jodie Berger, Lisa Lunsford, Carole Vigne, Dian Vorters, Steven Weiss
10:45 Networking Break
11:00
III. Hearing and Post-Hearing Issues
A. Hearings
- ALJ “intro”
- Recorded, under oath
- Representative as witness
- Burden of Proof
- Order of hearing
- Amount of representative input ALJ wants varies
- ALJ duty to develop the record; “engaged neutrality”
- Cross examination of witnesses, medical and vocational experts
- Evidentiary objections/formalities vary
- Various program examples
B. Post-Hearing
- Reconsiderations
- Intermediate admin appeals (e.g. CUIAB/SSA to an Appeals Board/Council)
- Appeals (Writ to Superior Court)
- Note: Can include 1085/policy challenges on appeal
Jodie Berger, Lisa Lunsford, Carole Vigne, Dian Vorters, Steven Weiss
12:30 Adjourn
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
PLI's Live Webcasts are approved for MCLE credit (
unless otherwise noted in the product description) in the following states/territories: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana
1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York
2, Ohio
3, Oklahoma, Oregon*, Pennsylvania
4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia
5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.
*PLI will apply for credit upon request.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
1Indiana: Considered a distance education course. There is a 6 credit limit per year.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.