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The Roundtable of All Roundtables: What You Should Be Appealing to Federal Court and How to Develop It – NOSSCR 2026 Fall National Conference – Track I (Presented by National Organization of Social Security Claimants’ Representatives)

The Circuit Roundtables usually cover what’s already being litigated. This one is about making new law. Learn which issues are winning in various circuits, what wins in Federal Court on vocational and job number issues, and how to develop a novel issue for appeal.

2026-10-14 12:15:00

1 hours

Program Details

2026-10-14 12:15:00

Program Details

2026-10-14 12:15:00

Over 1,000+ webinars

2026-10-14 12:15:00

1 hours

Course Overview

This Roundtable Isn't About Existing Precedent — It's About Making New Law

2026-10-14 12:15:00

The Circuit Roundtables often focus on the issues people are already litigating in the circuit and the useful existing precedential cases. This one starts where those leave off: bringing a novel issue and making new law in your circuit.

The session works from what is actually winning. It surveys the issues that are winning in various circuits, then turns to Federal Court — specifically what wins on vocational issues and job number issues. From there it moves to development: the ways you can build a novel issue for appeal, so the opening you spot becomes a case you can win — for example, the first case on reasoning level in your circuit.

You walk out with a map of the winning issues across the circuits, what prevails in Federal Court on vocational and job number issues, and concrete ways to develop a novel issue for appeal in your own circuit.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Beyond Existing Precedent
Moving past the issues already being litigated and the useful existing precedential cases toward new law.
02
Bringing a Novel Issue
What it takes to make new law in your circuit with an issue no one has won yet.
03
What’s Winning Where
The issues that are winning in various circuits — and where the openings are.
04
Developing Issues for Appeal
The ways to develop a novel issue so it is positioned to win on appeal.
05
Vocational and Job Number Wins
What wins in Federal Court on vocational issues and job number issues.
06
Being First
Positioning yourself to win, for example, the first case on reasoning level in your circuit.

Program schedule

clock 12:15 pm - 1:15 pm EST

The Roundtable of All Roundtables: What You Should Be Appealing to Federal Court and How to Develop It

In the Circuit Roundtables, we often focus on the issues that people are litigating in the circuit and the useful existing precedential cases, but what if you want to make new law in your circuit and bring a novel issue? We will focus on the issues that are winning in various circuits and the ways you can develop the issues for appeal so that you can be the attorney to win, for example, the first case on reasoning level in your circuit. We will also examine what wins in Federal Court on vocational issues and job number issues.

 

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 Wednesday, October 14, 2026.

Kevin S. KerrKevin S. Kerr
Sara Rose CarrollSara Rose Carroll
David ChermolDavid Chermol
Meredith MarcusMeredith Marcus
Kevin S. Kerr

Kevin S. Kerr

Kerr Robichaux & Carroll

Sara Rose Carroll

Sara Rose Carroll

Kerr Robichaux & Carroll

David Chermol

David Chermol

Chermol & Fishman, LLC

Meredith Marcus

Meredith Marcus

Osterhout Berger Daley

Kevin S. Kerr

Kevin S. Kerr

Kerr Robichaux & Carroll

Kevin S. Kerr has practiced Social Security Disability law since 2009.

Education & Credentials

He earned his law degree from Lewis & Clark Law School and is a member of the Oregon State Bar.

Recognition & Leadership

He is accredited by the Department of Veterans Affairs to represent veterans on claims for compensation and pension benefits and is a member of the National Organization of Veterans’ Advocates.

Professional Involvement

He has presented at NOSSCR national conferences, including sessions on overcoming res judicata, Step Four practice, and Appeals Council strategy.

Experience

He is a circuit representative for NOSSCR and has appeared in over 3,000 Social Security Administrative Law Judge hearings and has handled hundreds of Federal Court appeals in Oregon, Washington, and Ninth Circuit Court of Appeals.
Sara Rose Carroll

Sara Rose Carroll

Kerr Robichaux & Carroll

Sara has been a managing partner at Kerr Robichaux & Carroll since 2018.

Education & Credentials

She earned her B.A. in English and Professional Writing from Appalachian State University in 2006 and her Juris Doctor from the Charleston School of Law in 2011 and was admitted to the Oregon State Bar in 2014. She is a member of the Multnomah County Bar Association and Oregon Women Lawyers.

Recognition & Leadership

She holds accreditation from the Department of Veterans Affairs to represent veterans on claims for compensation and pension benefits.

Professional Involvement

She's enjoyed presenting at many NOSSCR presentations over the last several years. She hopes you will gather a lot of practical information from this session that you can incorporate into your everyday practice.

Experience

She represents disability claimants at Social Security hearings, where she questions the agency’s vocational and medical experts and holds their testimony to her clients’ documented medical histories.
David Chermol

David Chermol

Chermol & Fishman, LLC

David Chermol is a former OGC attorney with a national litigation practice in SSA cases, representing thousands of claimants before the agency and federal courts.

Education & Credentials

During his decade at SSA, he served as the Commissioner’s senior disability litigator for Mid-Atlantic Region III at the GS-15 level and received two Excellence in Service Awards and a General Counsel’s citation.

Recognition & Leadership

During his decade at SSA, he served as the Commissioner’s senior disability litigator for Mid-Atlantic Region III at the GS-15 level and received two Excellence in Service Awards and a General Counsel’s citation.

Professional Involvement

He has provided national and regional training to SSA’s administrative law judges on issuing legally defensible decisions and, in coordination with the Department of Justice, trained SSA attorneys on effective appellate advocacy. He served as SSA’s lead author, presenter, and editor for the 2006 and 2007 Pennsylvania continuing legal education courses on disability appeals in the federal courts, and he is a member of NOSSCR and the National Association of Disability Representatives.

Experience

From 1997 to 2007, he was an Assistant Regional Counsel for the Social Security Administration’s Office of the General Counsel in Philadelphia, serving as a Special Assistant United States Attorney for the Commissioner of Social Security in the Eastern District of Pennsylvania and the District of Delaware. He personally litigated or developed litigation strategy in most of the major disability cases resulting in published Third and Fourth Circuit decisions during that period.
Meredith Marcus

Meredith Marcus

Osterhout Berger Daley

Meredith is an attorney with over sixteen years of experience in disability law.

Education & Credentials

She earned her J.D., cum laude, in 2010 and holds a B.A. from Connecticut College (2004). She is admitted in Illinois (2010) and Michigan (2020) and before the U.S. Supreme Court (2018), among other federal courts.

Recognition & Leadership

Marcus is also the present editor of the textbook, Social Security Disability Practice by James Publishing.

Professional Involvement

She is the prior Director at Large for the National Association of Disability Representatives (NADR), the past chair for the Social Security Chicago Bar Association and has participated in multiple speaking engagements on Social Security for the Chicago Bar Association, Michigan Bar Association, American Bar Association, National Business Institute, NOSSCR and NADR.

Experience

She has represented claimants at their administrative and remand hearings and has represented well over 400 claimants in the federal courts. She has also litigated cases, in both the U.S. District and the Sixth and Seventh Circuit U.S. Courts of Appeals, including Biestek v. Berryhill, 880 F. 3d 778 (2018) in the Sixth Circuit and consultied for the Supreme Court on Biestek v. Berryhill, 139 S. Ct. 1148, 1153, 203 L. Ed. 2d 504 (2019).
Kevin S. Kerr

Kevin S. Kerr

Kerr Robichaux & Carroll

Kevin S. Kerr has practiced Social Security Disability law since 2009.

Education & Credentials

He earned his law degree from Lewis & Clark Law School and is a member of the Oregon State Bar.

Recognition & Leadership

He is accredited by the Department of Veterans Affairs to represent veterans on claims for compensation and pension benefits and is a member of the National Organization of Veterans’ Advocates.

Professional Involvement

He has presented at NOSSCR national conferences, including sessions on overcoming res judicata, Step Four practice, and Appeals Council strategy.

Experience

He is a circuit representative for NOSSCR and has appeared in over 3,000 Social Security Administrative Law Judge hearings and has handled hundreds of Federal Court appeals in Oregon, Washington, and Ninth Circuit Court of Appeals.
Sara Rose Carroll

Sara Rose Carroll

Kerr Robichaux & Carroll

Sara has been a managing partner at Kerr Robichaux & Carroll since 2018.

Education & Credentials

She earned her B.A. in English and Professional Writing from Appalachian State University in 2006 and her Juris Doctor from the Charleston School of Law in 2011 and was admitted to the Oregon State Bar in 2014. She is a member of the Multnomah County Bar Association and Oregon Women Lawyers.

Recognition & Leadership

She holds accreditation from the Department of Veterans Affairs to represent veterans on claims for compensation and pension benefits.

Professional Involvement

She's enjoyed presenting at many NOSSCR presentations over the last several years. She hopes you will gather a lot of practical information from this session that you can incorporate into your everyday practice.

Experience

She represents disability claimants at Social Security hearings, where she questions the agency’s vocational and medical experts and holds their testimony to her clients’ documented medical histories.
David Chermol

David Chermol

Chermol & Fishman, LLC

David Chermol is a former OGC attorney with a national litigation practice in SSA cases, representing thousands of claimants before the agency and federal courts.

Education & Credentials

During his decade at SSA, he served as the Commissioner’s senior disability litigator for Mid-Atlantic Region III at the GS-15 level and received two Excellence in Service Awards and a General Counsel’s citation.

Recognition & Leadership

During his decade at SSA, he served as the Commissioner’s senior disability litigator for Mid-Atlantic Region III at the GS-15 level and received two Excellence in Service Awards and a General Counsel’s citation.

Professional Involvement

He has provided national and regional training to SSA’s administrative law judges on issuing legally defensible decisions and, in coordination with the Department of Justice, trained SSA attorneys on effective appellate advocacy. He served as SSA’s lead author, presenter, and editor for the 2006 and 2007 Pennsylvania continuing legal education courses on disability appeals in the federal courts, and he is a member of NOSSCR and the National Association of Disability Representatives.

Experience

From 1997 to 2007, he was an Assistant Regional Counsel for the Social Security Administration’s Office of the General Counsel in Philadelphia, serving as a Special Assistant United States Attorney for the Commissioner of Social Security in the Eastern District of Pennsylvania and the District of Delaware. He personally litigated or developed litigation strategy in most of the major disability cases resulting in published Third and Fourth Circuit decisions during that period.
Meredith Marcus

Meredith Marcus

Osterhout Berger Daley

Meredith is an attorney with over sixteen years of experience in disability law.

Education & Credentials

She earned her J.D., cum laude, in 2010 and holds a B.A. from Connecticut College (2004). She is admitted in Illinois (2010) and Michigan (2020) and before the U.S. Supreme Court (2018), among other federal courts.

Recognition & Leadership

Marcus is also the present editor of the textbook, Social Security Disability Practice by James Publishing.

Professional Involvement

She is the prior Director at Large for the National Association of Disability Representatives (NADR), the past chair for the Social Security Chicago Bar Association and has participated in multiple speaking engagements on Social Security for the Chicago Bar Association, Michigan Bar Association, American Bar Association, National Business Institute, NOSSCR and NADR.

Experience

She has represented claimants at their administrative and remand hearings and has represented well over 400 claimants in the federal courts. She has also litigated cases, in both the U.S. District and the Sixth and Seventh Circuit U.S. Courts of Appeals, including Biestek v. Berryhill, 880 F. 3d 778 (2018) in the Sixth Circuit and consultied for the Supreme Court on Biestek v. Berryhill, 139 S. Ct. 1148, 1153, 203 L. Ed. 2d 504 (2019).

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+

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Access to live webinars & recordings

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Trusted by Legal Professionals

1000+

Live stream programs

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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
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
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
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
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