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Dealing with “Moderate” Mental Limitations in MSSs and SSA Determinations – NOSSCR 2026 Fall National Conference – Track I (Presented by National Organization of Social Security Claimants’ Representatives)

A “moderate” mental limitation is not a dead end. Learn to define the term properly when eliciting medical opinions, choose the right definitions for MSS forms, use ALJ training materials on “moderate” limitations, and appeal unfavorable decisions where “moderate” findings play a factor.

2026-10-15 13:30:00

1 hours

Program Details

2026-10-15 13:30:00

2026-10-15 13:30:00

1h CLE Credits

2026-10-15 13:30:00

1 hours

Program Details

2026-10-15 13:30:00

Program Details

2026-10-15 13:30:00

Over 1,000+ webinars

2026-10-15 13:30:00

1 hours

Course Overview

"Moderate" Is Not the End of the Case — If You Define It

2026-10-15 13:30:00

You need not despair over a file that shows only “moderate” mental limitations in agency determinations or Medical Source Statements. The problem is rarely the word itself — it is that the word arrives undefined. This session is built around fixing that.

Definition drives outcome. Elicit a medical opinion without properly defining “moderate,” and the opinion carries less than it could. Put the right definition on the MSS form, and the same limitation reads differently. The ALJs have their own training materials on “moderate” limitations — knowing them tells you what the decision-maker was taught to see.

You walk out equipped at every stage: different definitions of “moderate” to include on MSS forms, the ALJ training materials reviewed, the relevant case law in hand, and a path to appeal an unfavorable ALJ decision in which “moderate” findings may be a factor.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
No Cause for Despair
Why a record limited to “moderate” mental limitations still leaves the case winnable.
02
Defining “Moderate”
Properly defining the term when eliciting medical opinions.
03
Definitions for MSS Forms
Different definitions of “moderate” to include on Medical Source Statement forms.
04
ALJ Training Materials
What the ALJ training materials say about “moderate” limitations.
05
Appealing Unfavorable Decisions
How to appeal an unfavorable ALJ decision in which “moderate” findings may be a factor.
06
Relevant Case Law
The case law bearing on “moderate” mental limitations in SSA determinations.

Program schedule

clock 1:30 pm - 2:30 pm EST

Dealing with “Moderate” Mental Limitations in MSSs and SSA Determinations

You need not despair if you only have “moderate” mental limitations in agency determinations or in Medical Source Statements. When eliciting medical opinions, it is important to properly define the term. We will consider different definitions of “moderate” to include on MSS forms. We will review ALJ training materials on “moderate” limitations. We will discuss how to appeal an unfavorable ALJ decision in which “moderate” findings may be a factor. We will also review relevant case law.

 

 

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 Fall 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, October 15, 2026.

Maryjean EllisMaryjean Ellis
Maryjean Ellis

Maryjean Ellis

Law Office of Maryjean Ellis, LLC

Maryjean Ellis

Maryjean Ellis

Law Office of Maryjean Ellis, LLC

Maryjean has been representing Social Security Disability/SSI claimants since 2005, when she opened her own law practice. She represents claimants at all administrative levels.

Education & Credentials

She earned her law degree from Seton Hall University Law School in 1996 and passed the New Jersey bar the same year. She is admitted to practice before the Federal District Court of New Jersey, and the United States Court of Appeals, Third Circuit.

Recognition & Leadership

In 2023, Maryjean was appointed by the NJ Supreme Court to the Committee on Character, which reviews the applicants for admission to the New Jersey Bar. She serves her community as a Member of the Sussex County New Jersey Mental Health Board which promotes access to and availability of efficient, adequate, integrated health care services for children and adults with mental illness and/or substance use disorders.

Professional Involvement

She is a sustaining member of NOSSCR, the New Jersey State Bar Association, and the Sussex County NJ Bar Association. Maryjean has provided Social Security Disability/SSI law training for attorneys and advocates locally and nationally and is the co-author of a practice manual titled Mental Disorders in Social Security Disability Practice, published by James Publishing, Inc.

Experience

Before opening her own practice in 2005, she gained legal experience across a broad range of settings. While attending Rutgers, she worked as a pharmacy technician at a large teaching hospital, learning medical terminology and the reading of medical records — a skill she applies to identifying the objective medical evidence that supports her disability clients’ impairments.
Maryjean Ellis

Maryjean Ellis

Law Office of Maryjean Ellis, LLC

Maryjean has been representing Social Security Disability/SSI claimants since 2005, when she opened her own law practice. She represents claimants at all administrative levels.

Education & Credentials

She earned her law degree from Seton Hall University Law School in 1996 and passed the New Jersey bar the same year. She is admitted to practice before the Federal District Court of New Jersey, and the United States Court of Appeals, Third Circuit.

Recognition & Leadership

In 2023, Maryjean was appointed by the NJ Supreme Court to the Committee on Character, which reviews the applicants for admission to the New Jersey Bar. She serves her community as a Member of the Sussex County New Jersey Mental Health Board which promotes access to and availability of efficient, adequate, integrated health care services for children and adults with mental illness and/or substance use disorders.

Professional Involvement

She is a sustaining member of NOSSCR, the New Jersey State Bar Association, and the Sussex County NJ Bar Association. Maryjean has provided Social Security Disability/SSI law training for attorneys and advocates locally and nationally and is the co-author of a practice manual titled Mental Disorders in Social Security Disability Practice, published by James Publishing, Inc.

Experience

Before opening her own practice in 2005, she gained legal experience across a broad range of settings. While attending Rutgers, she worked as a pharmacy technician at a large teaching hospital, learning medical terminology and the reading of medical records — a skill she applies to identifying the objective medical evidence that supports her disability clients’ impairments.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

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

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs