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Developing and Presenting Persuasive Evidence of Mental Limitations

Michelle Michelle January 18, 2021

The Power of Persuasion: This three-part series for DAP advocates will focus on developing and presenting persuasive evidence – the catch phrase of the Social Security Administration’s (SSA’s) 2017 evaluation of opinion regulations. Those regulations, which essentially replaced SSA’s “Treating Physician” regulations, were reviewed in CLE sessions in October, one of which is available here.

In our opening session, we will have a brief overview of SSA’s mental impairment listings and Social Security Rulings (SSRs). Psychiatrist Andrea Faulkner will discuss what constitutes “objective” evidence of psychiatric impairments, including evidence supporting functional limitations resulting from these impairments. The significance of Mental Status Examinations, and how the results might be challenged, will also be covered. We will also discuss how to address so-called inconsistencies in treatment notes and the importance of medical source statements (MSS).

Presenters:  Kate Callery, Empire Justice Center, Tanya Douglas, Legal Services of NYC and Andrea Faulker, M.D.

Materials:  Session 1 Materials  Attorney Affirmation Form  Session 1 Evaluation Form