CLE: Federal Court Practice for Social Security Disability Practitioners

Published: March 9, 2017

SS CLE Materials Packet

Please Note:
This CLE event, scheduled for March 16, 2017, has been cancelled due to inclement weather.  A tentative date of April 5 has been scheduled with the time TBA.  Stay tuned for more updates as they are made available.

Thursday, March 16, 2017
9:00 a.m. – 12:15 p.m.
(Registration at 8:30 a.m.)
James M. Hanley Federal Building
100 S. Clinton Street
Syracuse, NY 13261

Program available via live video teleconference at

James T. Foley Courthouse
Suite 509
445 Broadway
Albany, NY 12207

U.S. District Courthouse
The Gateway Building
14 Durkee St.
Plattsburgh, NY 12901

R.S.V.P. for CLE by Thursday, March 2, 2017

This program presents a unique opportunity to gain insight from members of the Social Security Administration defending federal court appeals, experienced attorneys appealing the final decision of the Commissioner of Social Security, and the Court members responsible for adjudicating such actions. The program offers a detailed look at instituting such actions in the Northern District, a statistical analysis of such cases, and trends in the practice.


Honorable David E. Peebles
Chief United States Magistrate Judge
Northern District of New York

Honorable John P. Ramos
Hearing Office Chief Administrative Law Judge (Acting)
Office of Disability Adjudication and Review – Syracuse Hearing Office
Social Security Administration

Maggie McOmber, Esq.
Law Clerk to the Honorable William B. Carter
Recalled United States Magistrate Judge

Katherine Felice, Esq.
Law Clerk to the United States District Court
Northern District of New York

Stephen P. Conte, Esq.
Regional Chief Counsel
Office of the General Counsel – Region 2
Social Security Administration

Maria Fragassi Santangelo, Esq.
Senior Attorney
Office of the General Counsel – Region 2
Social Security Administration

Howard Olinsky, Esq.
Founding Partner,
Olinsky Law Group

Nathaniel V. Riley, Esq.
Associate Attorney,
Olinsky Law Group

Timed Agenda

Introduction to Program and Participants (Nate Riley)

A View from the Bench (Judge Peebles)

Judge Peebles will discuss his approach to adjudicating Social Security appeals.

Social Security Appeals Decision Making (Judge Peebles, Maggie McOmber and Katherine Felice)

Panel discussion on how the Court approaches the process of adjudicating Social Security cases, that will provide practical advice to federal court practitioners.

Social Security Administration’s workload statistics (Judge Ramos &

Steve Conte)
A discussion of workload statistics and data analytics nationally
and in the Northern District of New York.

Social Security Practice in the Northern District of New York Under General Order 18 (Nate Riley)

A primer on appealing final decisions of the Commissioner of Social Security and a discussion of the Social Security pilot program under NDNY General Order 18.

10:35–10:45: Break (light refreshments will be provided courtesy of the FCBA)

Hot Topics in Social Security Practice (Part 1 of 2) – How Do Moderate Limitations in Concentration, Persistence, or Pace Impact the Claimant’s Ability to Engage in “Simple” Work (Nate Riley):

Presentation covering the recent case law in the Second Circuit and its district courts regarding how an administrative law judge (ALJ) accounts for moderate limitations in concentration, persistence, or pace stemming from a claimant’s nonexertional impairments. The speaker will cover the pertinent Social Security Administration regulations and rulings regarding nonexertional impairments underpinning these decisions, and impart some lessons learned from litigating this issue throughout the country.

Hot Topics in Social Security Practice (Part 2 of 2) – Second Circuit Practice (Maria Fragassi Santangelo):

Discussion of the Second Circuit’s jurisprudence regarding (1) the evaluation of medical source opinion evidence, (2) development of the administrative record, (3) the ALJ’s assessment of the claimant’s residual functional capacity, and (4) vocational issues.

Panel Discussion on Attorneys’ Fees (Howard Olinsky, Steve Conte, Maria Fragassi Santangelo):

Panel discussion involving the interplay between attorneys’ fees under the Equal Access to Justice Act and Sections 406 (a) & (b) of the Social Security Act, including common defenses offered by the Social Security Administration and the importance of the Department of Treasury’s Offset Program. Time will be left for questions.


The Northern District of New York Federal Court Bar Association has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York.

“Federal Court Practice for Social Security Disability Practitioners” has been approved for both newly admitted and experienced attorneys, and is in accordance with the requirements of the New York State Continuing Legal Education Board for 3.5 credits toward the professional practice requirement.*

This is a single program. No partial credit will be awarded.

This program is complimentary to all Northern District of New York Federal Court Bar Association members.