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Using Job Data to Win Cases with Mental Limitations – 2026 Spring National Conference – Track II (Presented by National Organization of Social Security Claimants’ Representatives)

2026-04-21 15:15:00

1.25 hours

2026-04-21 15:15:00

1.25 Credits

Use ORS, OEWS, and ONET to reduce JBP job numbers, expose unreduced VE testimony, and win Step 5 hearings involving mental RFC limitations.

2026-04-21 15:15:00

1.25 hours

Use ORS, OEWS, and ONET to reduce JBP job numbers, expose unreduced VE testimony, and win Step 5 hearings involving mental RFC limitations.

2026-04-21 15:15:00

1.25 hours

1000+

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Trusted by Legal Professionals

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Live stream programs

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Trusted by Legal Professionals

1000+

Live stream programs

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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

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn why JBP job numbers fail to reflect full mental RFC limitations and how ORS, OEWS, and ONET correct those gaps.

What will you gain

Attorneys will gain a hearing-ready methodology for challenging unreduced VE testimony and building a stronger evidentiary record at Step 5 hearings.

JBP limitations
JBP figures only reflect SVP and GED demands, leaving critical RFC limitations unaccounted for.
VE testimony gaps
Unreduced JBP-based testimony fails to capture the full scope of mental limitations.
Supplemental datasets
Apply ORS, OEWS, and ONET to adjust JBP figures for mental RFC restrictions.
Data reductions
Identify which datasets apply to specific restrictions like occasional contact with others.
VE cross examination
Use data-backed questioning to expose unreduced job numbers and strengthen the record.
Step 5 framework
Build a structured, replicable methodology applicable across all SSDI mental RFC cases.

What will you learn

Attorneys will learn why JBP job numbers fail to reflect full mental RFC limitations and how ORS, OEWS, and ONET correct those gaps.

What will you gain

Attorneys will gain a hearing-ready methodology for challenging unreduced VE testimony and building a stronger evidentiary record at Step 5 hearings.

Agenda

SESSION 1

Using Job Data to Win Cases with Mental Limitations

clock 3:15 pm - 4:15 pm EST

Using Job Data to Win Cases with Mental Limitations

Kevin Liebkemann

Rutgers Law School

Michelle Spadafore

New York Legal Assistance Group (NYLAG)

JBP alone does not reflect full mental RFC limitations. This segment teaches attorneys to use ORS, OEWS, and ONET to reduce JBP figures, identify key data sources for common restrictions, and hold vocational experts accountable at Step 5 hearings.

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 Tuesday, April 21, 2026.

Kevin Liebkemann

Rutgers Law School

Michelle Spadafore

New York Legal Assistance Group (NYLAG)

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.

Michelle Spadafore

New York Legal Assistance Group (NYLAG)

Kevin Liebkemann

Rutgers Law School

Michelle Spadafore

New York Legal Assistance Group (NYLAG)

Michelle Spadafore is the Senior Supervising Attorney of the Disability Advocacy Project at the New York Legal Assistance Group (NYLAG). Prior to joining NYLAG, she worked at the AIDS Center of Queens County, a community-based nonprofit providing comprehensive services to individuals living with HIV/AIDS. Her practice encompasses Social Security law, access to public benefits, and consumer credit issues. Michelle has played a significant role in impact litigation aimed at improving the SSA’s handling of non-disability appeals, including her involvement in the landmark cases Amin v. Kijakazi, Ershteyn v. Berryhill, and Campos v. Kijakazi.

Education & Credentials

Michelle is a licensed attorney with deep expertise in Social Security law, public benefits access, and consumer credit issues a combination of practice areas that reflects both the legal complexity and the economic vulnerability facing many of NYLAG's clients. Her involvement in multiple impact litigation cases addressing SSA non-disability appeals procedures demonstrates appellate and systemic litigation credentials that extend well beyond routine administrative representation.

Recognition & Leadership

As Senior Supervising Attorney of NYLAG's Disability Advocacy Project, Michelle holds one of the most senior leadership roles in one of New York City's most prominent legal aid disability programs. Her participation in Amin v. Kijakazi, Ershteyn v. Berryhill, and Campos v. Kijakazi, a trio of impact cases focused on reforming SSA's non-disability appeals processes, reflects recognition of her as a litigator capable of advancing systemic change. Her earlier work at the AIDS Center of Queens County demonstrates a career grounded in service to some of New York's most vulnerable communities, a commitment she has continued and expanded through her leadership at NYLAG.

Professional Involvement

Michelle's professional involvement spans direct client representation, organizational leadership, and impact litigation. In addition to supervising the Disability Advocacy Project at NYLAG, she has been a key participant in multiple impact cases challenging the SSA's handling of non-disability appeals, Amin v. Kijakazi, Ershteyn v. Berryhill, and Campos v. Kijakazi, that represent some of the most significant recent efforts to improve systemic fairness in the SSA's administrative process. Her prior work at the AIDS Center of Queens County adds a community health and benefits advocacy dimension to a career defined by service to low-income New Yorkers navigating complex government systems.

Experience

Michelle's legal career has been built at the intersection of Social Security law, public benefits, and community-based advocacy. Before joining NYLAG, she developed her public interest foundation at the AIDS Center of Queens County, where she served individuals living with HIV/AIDS. At NYLAG's Disability Advocacy Project, she has risen to Senior Supervising Attorney and expanded her work into impact litigation, taking on SSA non-disability appeals in Amin v. Kijakazi, Ershteyn v. Berryhill, and Campos v. Kijakazi in an effort to improve the systemic fairness of SSA's administrative procedures. Her career reflects a practitioner who has consistently used both direct representation and strategic litigation to advance the rights of low-income and underserved New Yorkers.

Michelle Spadafore

New York Legal Assistance Group (NYLAG)

Michelle Spadafore is the Senior Supervising Attorney of the Disability Advocacy Project at the New York Legal Assistance Group (NYLAG). Prior to joining NYLAG, she worked at the AIDS Center of Queens County, a community-based nonprofit providing comprehensive services to individuals living with HIV/AIDS. Her practice encompasses Social Security law, access to public benefits, and consumer credit issues. Michelle has played a significant role in impact litigation aimed at improving the SSA’s handling of non-disability appeals, including her involvement in the landmark cases Amin v. Kijakazi, Ershteyn v. Berryhill, and Campos v. Kijakazi.

Education & Credentials

Michelle is a licensed attorney with deep expertise in Social Security law, public benefits access, and consumer credit issues a combination of practice areas that reflects both the legal complexity and the economic vulnerability facing many of NYLAG's clients. Her involvement in multiple impact litigation cases addressing SSA non-disability appeals procedures demonstrates appellate and systemic litigation credentials that extend well beyond routine administrative representation.

Recognition & Leadership

As Senior Supervising Attorney of NYLAG's Disability Advocacy Project, Michelle holds one of the most senior leadership roles in one of New York City's most prominent legal aid disability programs. Her participation in Amin v. Kijakazi, Ershteyn v. Berryhill, and Campos v. Kijakazi, a trio of impact cases focused on reforming SSA's non-disability appeals processes, reflects recognition of her as a litigator capable of advancing systemic change. Her earlier work at the AIDS Center of Queens County demonstrates a career grounded in service to some of New York's most vulnerable communities, a commitment she has continued and expanded through her leadership at NYLAG.

Professional Involvement

Michelle's professional involvement spans direct client representation, organizational leadership, and impact litigation. In addition to supervising the Disability Advocacy Project at NYLAG, she has been a key participant in multiple impact cases challenging the SSA's handling of non-disability appeals, Amin v. Kijakazi, Ershteyn v. Berryhill, and Campos v. Kijakazi, that represent some of the most significant recent efforts to improve systemic fairness in the SSA's administrative process. Her prior work at the AIDS Center of Queens County adds a community health and benefits advocacy dimension to a career defined by service to low-income New Yorkers navigating complex government systems.

Experience

Michelle's legal career has been built at the intersection of Social Security law, public benefits, and community-based advocacy. Before joining NYLAG, she developed her public interest foundation at the AIDS Center of Queens County, where she served individuals living with HIV/AIDS. At NYLAG's Disability Advocacy Project, she has risen to Senior Supervising Attorney and expanded her work into impact litigation, taking on SSA non-disability appeals in Amin v. Kijakazi, Ershteyn v. Berryhill, and Campos v. Kijakazi in an effort to improve the systemic fairness of SSA's administrative procedures. Her career reflects a practitioner who has consistently used both direct representation and strategic litigation to advance the rights of low-income and underserved New Yorkers.

Kevin Liebkemann

Rutgers Law School

Kevin Liebkemann is a Tulane Law graduate who has represented clients in Social Security disability cases for over 25 years. He works at Legal Services of New Jersey, a nonprofit legal aid organization providing free legal assistance to low-income individuals and also serves as Acting Director of the Economic Justice and Public Benefits Clinic at Rutgers Law School. He is the 2018 recipient of NOSSCR’s Eileen P. Sweeney Distinguished Service Award. In addition to his direct representation work, Kevin writes articles on disability-related topics, trains attorneys and advocates, and engages in disability policy work. Outside the office, he is an avid songwriter and musician.

Education & Credentials

Kevin earned his Juris Doctor from Tulane University Law School. He is a licensed attorney with over 25 years of concentrated experience in Social Security disability law, complemented by his role as Acting Director of the Economic Justice and Public Benefits Clinic at Rutgers Law School, a position that requires both substantive expertise and clinical teaching skills. His combination of direct legal aid practice, law school clinical leadership, scholarly writing on disability topics, and practitioner training reflects a multidimensional legal career grounded in deep subject matter expertise.

Recognition & Leadership

Kevin received NOSSCR's Eileen P. Sweeney Distinguished Service Award in 2018, one of the field's most prestigious honors, recognizing distinguished service on behalf of people with disabilities in America. His appointment as Acting Director of the Economic Justice and Public Benefits Clinic at Rutgers Law School reflects his standing as both a skilled practitioner and an educator trusted to lead one of the state's most prominent law school clinical programs. His decades of service at Legal Services of New Jersey, combined with his national profile as a writer, trainer, and policy advocate, cement his reputation as one of the most well-rounded and respected figures in the Social Security disability bar.

Professional Involvement

Kevin's professional involvement extends well beyond his caseload. As Acting Director of the Economic Justice and Public Benefits Clinic at Rutgers Law School, he helps train the next generation of public interest lawyers. He regularly writes articles on disability-related topics and trains attorneys and advocates, activities that multiply his impact far beyond individual representation. His policy work adds a systemic dimension to a career that already spans direct advocacy, clinical education, and scholarship. Kevin has been a featured speaker at NOSSCR national meetings, and his breadth of engagement across the disability law community reflects a practitioner who is as invested in the health of the field as in the outcomes of his own cases.

Experience

With over 25 years of Social Security disability representation, Kevin Liebkemann has built one of the most comprehensive and multifaceted careers in the field. At Legal Services of New Jersey, he has devoted his practice to providing free legal assistance to low-income individuals navigating the Social Security disability system. Simultaneously, his role as Acting Director of the Rutgers Law School Economic Justice and Public Benefits Clinic has allowed him to shape clinical legal education while maintaining an active practice. His writing on disability law topics, his practitioner training, and his disability policy work reflect a career that integrates advocacy, education, and systemic change, all recognized by NOSSCR's 2018 Eileen P. Sweeney Distinguished Service Award. When not practicing law, Kevin channels his creativity into songwriting and musical performance.

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Why Attend

Why this 
program matters

Attorneys who cannot challenge unreduced VE job numbers at Step 5 allow claimants with mental RFC limitations to lose cases they are entitled to win.
64%
of initial SSDI applications were denied in FY2025, the highest denial rate in years, per Urban Institute analysis of SSA state-level data.
60%
of SSI recipients under age 65 carry a mental disorder diagnosis, making mental RFC limitations the dominant issue at Step 5 hearings.
57%
of denied SSDI claimants who pursued appeals received a favorable ALJ decision, making effective VE cross-examination at the hearing level critical to case outcomes.
73%
of SSDI claimants with mental disorders as their primary impairment are denied at the initial application stage, making Step 5 hearing strategy essential for this population.

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