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Practical Approaches to DA&A Cases – 2026 Spring National Conference – Track I (Presented by National Organization of Social Security Claimants’ Representatives)

2026-04-23 16:00:00

1 hours

2026-04-23 16:00:00

1 Credits

Master SSA’s materiality analysis under SSR 13-2p, build compelling medical records, and win disability cases where drug addiction or alcoholism is present.

2026-04-23 16:00:00

1 hours

Master SSA’s materiality analysis under SSR 13-2p, build compelling medical records, and win disability cases where drug addiction or alcoholism is present.

2026-04-23 16:00:00

1 hours

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will examine SSA's materiality analysis under SSR 13-2p and learn what evidence establishes disability independent of substance use.

What will you gain

Attorneys will gain tools for structuring the evidentiary record, drafting pre-hearing memoranda, and challenging medical expert testimony in disability cases.

Materiality analysis
Determine when substance use is considered material under SSA rules and regulations.
Abstinence documentation
Use treatment records to establish claimant functioning during periods without substance use.
Pre-hearing memoranda
Structure legal arguments addressing SSA’s materiality test to support your case theory.
Treating providers
Obtain medical opinions clarifying which functional limitations are unrelated to substance use.
Co-occurring impairments
Distinguish substance-induced symptoms from independent impairments that may still support disability.
Appeal preparation
Build an administrative record preserving key evidence for Appeals Council or federal court.

What will you learn

Attorneys will examine SSA's materiality analysis under SSR 13-2p and learn what evidence establishes disability independent of substance use.

What will you gain

Attorneys will gain tools for structuring the evidentiary record, drafting pre-hearing memoranda, and challenging medical expert testimony in disability cases.

Agenda

SESSION 1

Practical Approaches to DA&A Cases

clock 4:00 pm - 5:00 pm EST

Practical Approaches to DA&A Cases

Claire Gunner

Urban Justice Center

Emilia Sicilia

Empire Justice Center

Shandanette Chase

Urban Justice Center

DA&A is not an automatic bar to disability benefits. This segment covers SSA’s Ruling 13-2p, marshaling medical evidence in pre-hearing memoranda, cross-examining medical experts, and eliciting effective direct testimony from clients about functioning with and without substance use.

Eligible for up to 1 CLE Credit Hour.

This session was originally submitted for CLE as a live, in-person presentation and a live webcast for the 2026 Spring National Conference and may be eligible for self-study credit. Each state handles self-study credit differently; for questions, please consult your State Bar Association.

Recorded Thursday, April 23, 2026.

Claire Gunner

Urban Justice Center

Emilia Sicilia

Empire Justice Center

Shandanette Chase

Urban Justice Center

01 01
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Claire Gunner

Urban Justice Center

Emilia Sicilia

Empire Justice Center

Shandanette Chase

Urban Justice Center

Claire Gunner

Urban Justice Center

Claire Gunner is a Staff Attorney on the Disability Advocacy Project team at the Urban Justice Center’s Mental Health Project, a position she has held since 2021. She earned a B.C.L./LL.B. from McGill University and was admitted to the New York bar in 2016. In addition to her New York state admission, she is admitted to practice in the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit. Her practice focuses on representing Social Security disability claimants at the administrative and federal court levels.

Education & Credentials

Claire holds a B.C.L./LL.B. (Bachelor of Civil Law and Bachelor of Laws) from McGill University's Faculty of Law — a dual-degree program that provides training in both civil law and common law traditions, reflecting a rigorous and internationally grounded legal education. She was admitted to the New York bar in 2016 and is also admitted to the United States District Courts for the Southern and Eastern Districts of New York and the U.S. Court of Appeals for the Second Circuit. Her federal court admissions reflect an active litigation practice in Social Security disability appeals at both the district and appellate levels.

Recognition & Leadership

Claire's position on the Disability Advocacy Project team at the Urban Justice Center's Mental Health Project places her within one of New York City's most respected public interest disability advocacy organizations. Her admissions to the Southern and Eastern Districts of New York and the Second Circuit reflect the breadth of her federal litigation practice, and her McGill B.C.L./LL.B. brings a distinctive comparative legal perspective to her work. Her commitment to representing Social Security disability claimants in some of the country's most demanding legal forums speaks to both her expertise and her dedication to public interest advocacy.

Professional Involvement

As a staff attorney at the Urban Justice Center's Mental Health Project, Claire is engaged in the daily work of representing Social Security disability claimants at the administrative and federal court levels. Her role on the Disability Advocacy Project team connects her to a broader network of practitioners and advocates working to ensure that individuals with disabilities can access the benefits and legal protections to which they are entitled. Her practice is grounded in the Urban Justice Center's mission of serving marginalized New Yorkers who face systemic barriers to justice.

Experience

Claire has been a staff attorney on the Disability Advocacy Project team at the Urban Justice Center's Mental Health Project since 2021. Admitted to the New York bar in 2016, she brings nearly a decade of legal experience to her representation of Social Security disability claimants in administrative proceedings and federal court. Her admissions to the Southern and Eastern Districts of New York and the Second Circuit Court of Appeals reflect an active and growing federal litigation practice. Her McGill B.C.L./LL.B. provides a strong comparative legal foundation that complements her specialized disability advocacy work in the New York federal courts.

Claire Gunner

Urban Justice Center

Claire Gunner is a Staff Attorney on the Disability Advocacy Project team at the Urban Justice Center’s Mental Health Project, a position she has held since 2021. She earned a B.C.L./LL.B. from McGill University and was admitted to the New York bar in 2016. In addition to her New York state admission, she is admitted to practice in the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit. Her practice focuses on representing Social Security disability claimants at the administrative and federal court levels.

Education & Credentials

Claire holds a B.C.L./LL.B. (Bachelor of Civil Law and Bachelor of Laws) from McGill University's Faculty of Law — a dual-degree program that provides training in both civil law and common law traditions, reflecting a rigorous and internationally grounded legal education. She was admitted to the New York bar in 2016 and is also admitted to the United States District Courts for the Southern and Eastern Districts of New York and the U.S. Court of Appeals for the Second Circuit. Her federal court admissions reflect an active litigation practice in Social Security disability appeals at both the district and appellate levels.

Recognition & Leadership

Claire's position on the Disability Advocacy Project team at the Urban Justice Center's Mental Health Project places her within one of New York City's most respected public interest disability advocacy organizations. Her admissions to the Southern and Eastern Districts of New York and the Second Circuit reflect the breadth of her federal litigation practice, and her McGill B.C.L./LL.B. brings a distinctive comparative legal perspective to her work. Her commitment to representing Social Security disability claimants in some of the country's most demanding legal forums speaks to both her expertise and her dedication to public interest advocacy.

Professional Involvement

As a staff attorney at the Urban Justice Center's Mental Health Project, Claire is engaged in the daily work of representing Social Security disability claimants at the administrative and federal court levels. Her role on the Disability Advocacy Project team connects her to a broader network of practitioners and advocates working to ensure that individuals with disabilities can access the benefits and legal protections to which they are entitled. Her practice is grounded in the Urban Justice Center's mission of serving marginalized New Yorkers who face systemic barriers to justice.

Experience

Claire has been a staff attorney on the Disability Advocacy Project team at the Urban Justice Center's Mental Health Project since 2021. Admitted to the New York bar in 2016, she brings nearly a decade of legal experience to her representation of Social Security disability claimants in administrative proceedings and federal court. Her admissions to the Southern and Eastern Districts of New York and the Second Circuit Court of Appeals reflect an active and growing federal litigation practice. Her McGill B.C.L./LL.B. provides a strong comparative legal foundation that complements her specialized disability advocacy work in the New York federal courts.

Emilia Sicilia

Empire Justice Center

Emilia Sicilia is the Managing Attorney and Statewide Support Attorney for the Disability Advocacy Program at Empire Justice Center in Yonkers, New York. Her practice focuses on Social Security disability and Supplemental Security Income benefits, encompassing both individual representation and systemic advocacy and impact litigation. Prior to joining Empire Justice Center, Emilia worked at the Urban Justice Center’s Mental Health Project and at Paul, Weiss, Rifkind, Wharton & Garrison. She is admitted to practice in the State of New York, all four federal districts of New York, and the U.S. Court of Appeals for the Second Circuit. She is a graduate of Wesleyan University and the University of Wisconsin Law School.

Education & Credentials

Emilia holds a Bachelor's degree from Wesleyan University and a Juris Doctor from the University of Wisconsin Law School. She is admitted to practice law in the State of New York and in all four federal judicial districts of New York — the Northern, Western, Eastern, and Southern Districts — as well as the U.S. Court of Appeals for the Second Circuit. This comprehensive set of federal admissions reflects her active and broad litigation practice in Social Security disability and SSI matters across New York State and in the federal appellate courts.

Recognition & Leadership

Emilia holds dual roles at Empire Justice Center as both Managing Attorney and Statewide Support Attorney for the Disability Advocacy Program — a combination that reflects her expertise in both direct representation and the systemic and statewide dimensions of disability advocacy. Her career path, which spans public interest work at the Urban Justice Center and private practice at Paul, Weiss, Rifkind, Wharton & Garrison, reflects the breadth of legal experience she brings to her current role. Her admissions to all four New York federal districts and the Second Circuit underscore the scope of her litigation footprint in Social Security and SSI matters.

Professional Involvement

In addition to her direct representation work, Emilia engages in systemic advocacy and impact litigation — tools that extend her reach beyond individual cases and into the policy and legal frameworks that govern how Social Security disability and SSI benefits are administered across New York. As Statewide Support Attorney, she provides technical support and guidance to a broader network of advocates and attorneys handling disability claims across the state, multiplying the impact of her expertise. Her earlier work at the Urban Justice Center and Paul, Weiss informs a well-rounded approach to advocacy that draws on both public interest and large-firm legal practice.

Experience

Emilia's legal career spans public interest disability advocacy and large-firm private practice. She began her public interest work at the Urban Justice Center's Mental Health Project, gaining foundational experience in Social Security disability representation, before also working at Paul, Weiss, Rifkind, Wharton & Garrison. She subsequently joined Empire Justice Center, where she now serves as both Managing Attorney and Statewide Support Attorney for the Disability Advocacy Program. Her practice encompasses individual Social Security disability and SSI representation as well as systemic advocacy and impact litigation, and her admissions to all four New York federal districts and the Second Circuit reflect a litigation practice of exceptional geographic and jurisdictional breadth across New York State.

Shandanette Chase

Urban Justice Center

Shandanette Chase is a Supervising Attorney in the Disability Advocacy Project at the Urban Justice Center’s Mental Health Project, where she represents Social Security disability claimants in administrative appeals and federal court proceedings. Prior to joining the Urban Justice Center, she worked in Bronx Legal Services’ Disability Advocacy Project. A graduate of Hunter College and the George Washington University Law School and School of Public Health, Shandanette brings an interdisciplinary academic background to her advocacy. She is admitted to practice in New York and New Jersey, multiple federal district courts, the U.S. Court of Appeals for the Second Circuit, and the Supreme Court of the United States.

Education & Credentials

Shandanette holds a Bachelor's degree from Hunter College and earned her Juris Doctor from the George Washington University Law School, where she also studied at the School of Public Health — a dual academic background that reflects her commitment to understanding the health and systemic dimensions of disability advocacy. She is admitted to practice law in New York and New Jersey; the United States District Courts for the District of New Jersey and the Eastern and Southern Districts of New York; the U.S. Court of Appeals for the Second Circuit; and the Supreme Court of the United States — a breadth of admissions that speaks to the scope and ambition of her federal litigation practice.

Recognition & Leadership

Shandanette's admission to the Supreme Court of the United States, alongside her admissions to multiple federal district and circuit courts, reflects a litigation profile of exceptional reach. As a Supervising Attorney at the Urban Justice Center's Mental Health Project, she holds a leadership role at one of New York City's most respected public interest organizations, guiding the representation of Social Security disability claimants at the administrative and federal levels. Her career trajectory — from Bronx Legal Services to a supervisory role at the Urban Justice Center — reflects the professional recognition she has earned through her commitment and expertise in disability advocacy.

Professional Involvement

Shandanette's professional involvement is centered on expanding access to justice for Social Security disability claimants in the New York metropolitan area and beyond. In her supervisory role at the Urban Justice Center's Mental Health Project, she oversees disability advocacy work and contributes to the organization's broader mission of serving marginalized individuals navigating complex legal and government systems. Her prior experience at Bronx Legal Services and her academic training at GW's School of Public Health inform a practice philosophy attentive to the intersecting legal, health, and social challenges that disability claimants face.

Experience

Shandanette's career in Social Security disability advocacy began at Bronx Legal Services' Disability Advocacy Project before she joined the Urban Justice Center's Mental Health Project, where she now serves as a Supervising Attorney. She represents claimants at the administrative level and in federal court, with admissions spanning the District of New Jersey, the Eastern and Southern Districts of New York, the Second Circuit, and the Supreme Court of the United States. Her GW Law and Public Health education gives her a distinctive analytical lens on the intersection of disability, health policy, and legal rights — one she brings to bear every day in her advocacy on behalf of some of New York's most vulnerable residents.

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the Presentation via a Chat Box
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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
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Why Attend

Why this 
program matters

Disability advocates who misapply SSA’s materiality analysis risk improper denials and prolonged litigation for claimants whose impairments extend beyond substance use.
46.3M+
Adults in 2025 had a substance use disorder. This prevalence means disability advocates frequently encounter claimants with substance-related medical histories.
6.9M+
Adults experienced both serious mental illness and a substance use disorder in the same year. Co- occurring impairments make the SSA materiality analysis particularly complex for disability practitioners.
8.6M+
Disabled workers and dependents received Social Security disability benefits in 2025. Even a small percentage of cases involving substance use represents a significant volume of claims.
65%
Approval rate on SSI/SSDI applications prepared through structured advocacy models such as SOAR. This demonstrates the measurable impact of well-developed medical evidence and advocacy strategies.

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