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Developments in Case Law. 2021-2022

The workshop will look at recent developments in the case law during the last 12 months, focusing primarily on decisions of the Supreme Court and on the leading decisions from the courts of appeals. The session will provide a thorough analysis of the most important decisions. The workshop will identify trends in the case law, issues that have surfaced repeatedly in different circuits, arguments that the government appears to be raising systematically throughout thcountry, and the latest developments in EAJA. There will also be a discussion of ethics, as related to appeals. Because many of these decisions guide the way we practice at all levels of appeal, representatives have an ethical obligation to ensure they know and understand the holdings.

Jon Dubin, Attorney/Professor, Rutgers School of Law

Jon C. Dubin - is the Board of Governors Distinguished Service Professor of Law, Alfred Clapp Scholar, and Associate Dean for Clinical Education at Rutgers Law School.  He teaches Administrative Law, Social Security Law, Poverty Law and the Civil Justice Clinic, among other courses. His clinical practice and scholarship focuses on the SSDI/SSID programs, including co-counseling the successful appeal and drafting the principal brief in a social security disability case before the U.S. Supreme Court in Sims v. Apfel, 530 U.S. 103 (2000)—a case in which the high court also twice cited Dubin’s National Equal Justice Library Award-winning law review article and adopted the article’s doctrinal label, “issue exhaustion,” and reasoning in its decision.  Dubin also successfully litigated and argued Sykes v. Apfel, 228 F.3d 259 (3rd Cir. 2000) which produced SSA “Acquiescence Ruling” (SSR 01-1(3)), agreeing to change policy and apply the Sykes case to thousands of disability claimants within the Third Circuit region each year. He is the co-author, with Professor Frank Bloch, of the first hardbound, social security law school casebook and has co-authored nine editions of a popular federal court SSDI/SSID practice treatise with Carolyn Kubitschek.  Finally, Dubin is also a recipient NOSSCR’s Eileen P. Sweeney Distinguished Service Award, has served on the Administrative Conference of the United States (ACUS) Social Security Disability Adjudication Project Working Group, and was elected into the National Academy of Social Insurance.

Carolyn Kubitschek, Attorney, Lansner & Kubitschek

Carolyn Kubitschek - is a member of the firm of Lansner & Kubitschek, chair of NOSSCR’s Amicus Committee, and a former board member of NOSSCR, has practiced Social Security law since 1983.  As a litigator, Ms. Kubitschek has handled or supervised numerous Social Security matters, including several hundred federal court cases in the District Courts and Courts of Appeals, class actions as well as individual claims for benefits. Ms. Kubitschek is a co-author, with Jon Dubin, of Social Security Disability Law and Procedure in Federal Court, an 1100 page book published annually by West Publishing Company, most recently in 2018.  She has published numerous articles on Social Security law.
Carolyn’s practice also includes advocating for children and families who are caught up in New York’s child welfare system, an organization which makes the Social Security Administration seem benevolent by contrast. Equal Access to Justice Award in 2011, and a Massachusetts Top Women of the Law Award in 2013. 


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