Ethical Considerations for the Social Security Disability Lawyer and Others (Presented by The Federal Bar Association Social Security Law Section)

Dana W. Duncan
Dana W. Duncan
Duncan Disability Law, S.C.

Attorney Dana W. Duncan is a native Wisconsinite whose family has lived in the State since the 1840s. After several years as a member of other law firms, he established Duncan Disability Law, S.C. in 2011. Dana was originally from Beloit, Wisconsin, but has lived in the Wisconsin Rapids area since 1994.

L. David Ferrari
L. David Ferrari
FBA Federal Litigation Section

David Ferrari is a solo practitioner of Social Security Disability Law with 20 years experience. He worked for two major SSD firms for 16 of those years, traveling to 46 states and doing over 1,800 hearings. Cases have ranged from wins at initial consideration to the First Circuit Court of Appeals.

On-Demand: December 4, 2025

1 hour CLE

Tuition: $395.00
Subscribe to myLawCLEs All-Acces Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
This program is only available to All-Access Pass Members.
All-Access Pass

Free access to all CLE programs w/active subscription. Annual subscription only $395/yr.

Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

This Seminar addresses ethical considerations for lawyers in general and specifically for those handling Social Security claims administratively and in federal court. The ABA’s Formal Opinion 512 outlines ethical obligations for lawyers using generative AI, emphasizing competence, confidentiality, communication, supervision, honesty, and fair billing practices. Lawyers must verify AI outputs, protect client data, and disclose AI use when material to representation. Issues also include the consideration of disclosure of AI use to the client and the tribunal. Additionally, this program explores real-world ethical dilemmas in Social Security practice, including submitting unfavorable evidence, protecting client privacy in federal filings, and amending onset dates. It stresses the importance of transparency, professionalism, and respectful courtroom conduct, while highlighting problematic behaviors by both attorneys and ALJs. Together, these documents underscore the evolving ethical landscape in legal practice, especially amid technological and procedural changes.

Presented by The Federal Bar Association Social Security Law Section

Key topics to be discussed:

  • Application of ABA Formal Opinion 512
  • Whether or when disclosure of AI use to clients is necessary
  • Whether or when disclosure of AI use to court is necessary
  • Submitting unfavorable evidence to SSA
  • Client privacy in federal court
  • Amending Onset Dates
  • Professionalism and Attorney Conduct

Closed-captioning available

Speakers

Speaker_Dana W. DuncanDana W. Duncan | Duncan Disability Law, S.C.

Attorney Dana W. Duncan is a native Wisconsinite whose family has lived in the State since the 1840s. After several years as a member of other law firms, he established Duncan Disability Law, S.C. in 2011. Dana was originally from Beloit, Wisconsin, but has lived in the Wisconsin Rapids area since 1994. He has represented thousands of disabled clients throughout the United States in Social Security law and hundreds of Wisconsin workers for workers’ compensation claims. He is admitted to the Wisconsin Bar, the Western and Eastern Federal District Court of Wisconsin, the Western and Eastern Federal District Courts of Michigan, the Northern, Central, and Southern Federal District Courts of Illinois, the Northern and Southern District Court of Indiana, the Federal District Court of Colorado, the Federal District Court of North Dakota, and the Seventh, Fourth, Ninth, Tenth, Sixth, Eighth, and Second Circuits Court of Appeals. He has argued well over fifty cases in various Circuits.

When Dana is not working, you’ll find him reading, watching the Brewers, or his beloved Packers (he’s a shareholder). As an amateur historian, Attorney Duncan loves books on history and biography, is currently writing several historical articles and books, leads a history roundtable, and has recently taken up collecting coins and presidential campaign items. He has co-hosted the Greatest Movie of All-Time podcast for four years.

Duncan has become a well-known Social Security and workers’ compensation attorney. He continues lecturing on the law, recording webinars, podcasts, and training tools for other attorneys and non-attorneys.

Contact information for myLaw: danawduncan@duncandisability.com

 

L. David Ferrari, Attorney, Secretary/Treasurer | FBA Federal Litigation Section

David Ferrari is a solo practitioner of Social Security Disability Law with 20 years experience. He worked for two major SSD firms for 16 of those years, traveling to 46 states and doing over 1,800 hearings. Cases have ranged from wins at initial consideration to the First Circuit Court of Appeals. His practice is nationwide and he has handled cases for ex-pats globally. Call anytime at 617-312-2799 or email ferrarilaw@gmail.com; write 450 East Sixth St. # 2 South Boston, MA 02127-3033.

David is the FBA Federal Litigation Section Secretary/Treasurer; former FBA Social Security Law Section Chair 2015-2018. Jr. co-author of David Traver’s 16th Edition of the Social Security Advocate’s Handbook c. 2020; He was his Law School 2L Moot Court Champion; Student Bar Association Treasurer 2L; pre-law elected county-wide to the Duval Soil and Water Conservation Board; SGA President, Florida State College at Jacksonville. He helped his partner study while she attended FDIC University in DC and has temporarily fostered several of her rescue cats till they were adopted.

Contact information for myLaw: ferrarilaw@gmail.com

Agenda

I. Application of ABA Formal Opinion 512 | 2:00pm – 2:10pm

II. Whether or when disclosure of AI use to clients is necessary | 2:10pm – 2:20pm

III. Whether or when disclosure of AI use to court is necessary | 2:20pm – 2:35pm

IV. Submitting unfavorable evidence to SSA | 2:35pm – 2:40pm

V. Client privacy in federal court | 2:40pm – 2:45pm

VI. Amending Onset Dates | 2:45pm – 2:50pm

VII. Professionalism and Attorney Conduct | 2:50pm – 3:00pm

Credits

Alaska

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
1 Ethics

Arkansas

Approved for CLE Credits
1 Ethics

Arizona

Approved for CLE Credits
1 Professional Responsibility/Ethics

California

Approved for CLE Credits
1 Ethics

Colorado

Pending CLE Approval
1 Ethics / Professionalism

Connecticut

Approved for CLE Credits
1 Ethics / Professionalism

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 Enhanced Ethics

Florida

Approved via Attorney Submission
1 Ethics Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
1 Ethics

Hawaii

Approved for CLE Credits
1.2 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
1 Ethics

Idaho

Pending CLE Approval
1 Ethics / Professionalism

Illinois

Pending CLE Approval
1 Ethics, Civility, Professionalism

Indiana

Pending CLE Approval
1 Ethics

Kansas

Pending CLE Approval
1 Ethics / Professionalism

Kentucky

Approved for CLE Credits
1 Ethics

Louisiana

Pending CLE Approval
1 Ethics

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 Ethics / Professionalism

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
1 Ethics

Missouri

Approved for CLE Credits
1.2 Ethics

Mississippi

Pending CLE Approval
1 Ethics

Montana

Pending CLE Approval
1 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
1 Ethics

North Dakota

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 Ethics / Professionalism minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 Ethics / Professionalism

Nevada

Pending CLE Approval
1 Ethics / Professionalism

New York

Approved for CLE Credits
1.2 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
1 Professional Conduct

Oklahoma

Pending CLE Approval
1 Ethics / Professionalism

Oregon

Pending CLE Approval
1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 Ethics / Professionalism

Rhode Island

Pending CLE Approval
1 Ethics / Professionalism

South Carolina

Pending CLE Approval
1 Ethics / Professionalism

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
1 Dual

Texas

Approved for CLE Credits
1 Ethics / Professionalism

Utah

Approved for CLE Credits
1 Ethics / Professionalism

Virginia

Not Eligible
1 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
1 Ethics

Washington

Approved via Attorney Submission
1 Ethics Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
1 General

West Virginia

Pending CLE Approval
1.2 Ethics / Professionalism

Wyoming

Approved for Self-Study Credits
1 Ethics / Professionalism

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Preview
More CLE Webinars
Upcoming CLE Webinars
Video Game Law for the Non-Game Lawyer
Video Game Law for the Non-Game Lawyer Wed, January 7, 2026
Live Webcast
Diagnosing and Proving Traumatic Brain Injuries and PTSD
Diagnosing and Proving Traumatic Brain Injuries and PTSD Wed, January 14, 2026
On-Demand
Live Replay
Wine, Spirits and Beer Law 101 (2026 Edition)
Wine, Spirits and Beer Law 101 (2026 Edition) Wed, January 21, 2026
Live Webcast
Using AI in Your Law Practice: A Step-by-Step Guide
Using AI in Your Law Practice: A Step-by-Step Guide Tue, January 27, 2026
On-Demand
Live Replay
AI Disclosures: Wording, Liability & Litigation Risks
AI Disclosures: Wording, Liability & Litigation Risks Thu, January 29, 2026
Live Webcast
A, B, C’s of Revocable and Irrevocable Trusts
A, B, C’s of Revocable and Irrevocable Trusts Thu, January 29, 2026
On-Demand
Live Replay