Social Security Disability Certification Standards

1. General Principles
2. Certification Standards
3. Recertification Standards
4. Annual Reporting
5. Denial or Revocation of Certification.

Standards for Certification

1. Good Standing and Period of Practice
   1. The applicant shall furnish evidence of his or her good standing in the state of his or her admission, or if admitted in more than one state, in the state of his or her principal practice.
   2. Immediately preceding application, the applicant must have spent five (5) years in the actual practice of Social Security Disability law.
2. Substantial Involvement
   1. The applicant must make a satisfactory showing of substantial involvement relevant to Social Security Disability law. Specifically, at least thirty (30) percent of the applicant’s practice must be spent on social security disability law three (3) years prior to the date of submission of the application.
   2. The applicant must further demonstrate substantial involvement in specialized practice, by showing that he or she has performed the following within the applicant’s career:
      1. Appeared in no fewer than one hundred (100) Social Security Disability Hearings;
      2. Filed no less than twenty (20) appeals council briefs;
      3. Filed no less than ten (10) briefs in United States District Court, OR
      4. A combination of hearings, appeals council brief filings and district court brief filings which demonstrates substantial involvement in social security disability practice equivalent to requirements (a) through (c) above as approved by the Standards Committee.
3. Educational Experience
   1. The applicant must demonstrate substantial participation in continuing legal education and the development of social security disability practice and law in the three year period immediately preceding the application either:
      1. By attendance and / or electronic participation in not less than thirty-six (36) hours in programs in continuing legal education in social security disability law approved by the Standards Committee within the three year period preceding application for certification.
      2. By equivalent participation through, but not limited to, the following as approved by the Standards Committee:
         1. Teaching courses or seminars in social security disability law or ethics;
         2. Participation as a panelist, speaker, workshop leader or the equivalent at educational or professional conferences and meetings;
         3. Authorship of books or articles published in professional journals on social security disability law; OR
         4. By a combination of (i) through (iii) above.
4. Peer Review
   1. The applicant shall submit with application the names of ten to twelve references, not present partners, associates, or relatives of the applicant. These references shall be substantially involved in the relevant field of social security disability law, and familiar with the applicant’s practice in that field. References satisfactory to the NBTA must be received from at least three (3) administrative law judges before whom the applicant has appeared as a social security disability advocate not more than three (3) years before the date of application. The remaining three 3 references may be from peer practitioners, opposing counsel at the federal court level, district court judges or additional administrative law judges familiar with the applicant’s practice.
   2. NBTA will solicit confidential statements from all persons listed as references and may solicit confidential statements of reference from other persons, familiar with the applicant’s practice, not specifically named by the applicant. All reference statements received will be reviewed by the NBTA to assess whether the applicant has demonstrated an enhanced level of skill and expertise in the practice area, integrity and consideration for the interests of clients.
5. Examination
   1. The applicant must pass a written exam which will test his or her enhanced level of skill, expertise, knowledge and experience in social security disability law.
6. Legal Writing
   1. The applicant shall submit 6 copies of legal writing which he or she has prepared & filed no more than three (3) years before the date of application. These will be substantial documents in the area for which the applicant seeks certification, containing concise and accurate writing, stating facts (either actual or hypothetical), stating applicable law, analysis of how the law applies to the facts, written in an appropriately argumentative manner and well constructed (i.e. organized, grammatical, demonstrative of good syntax and usage). The quality of the legal document will be evaluated on those criteria and will determine whether the applicant is qualified for certification. Applicant will submit the following:
      1. Administrative. The applicant shall submit two memoranda or detailed letters which s/he has prepared and filed with an administrative law judge in anticipation of conducting a hearing in a Social Security Disability (SSD) case (including requests for decisions on the record) or after conducting a hearing but before the judge has decided the claim. As part of the submission, the applicant must obtain a waiver from the claimant so as to prevent a violation of Social Security Act 42 USC 130(a) and the Privacy Act, 5 USC 552(A)
      2. Council. The applicant shall submit two appeals council briefs which s/he has prepared and filed. These will be substantial memoranda or briefs stating facts, arguing law, submitted no more than three (3) years prior to the date of application. As part of the submission, the applicant must obtain a waiver from the claimant so as to prevent a violation of Social Security Act 42 USC 130(a) and the Privacy Act, 5 USC 552(A).
      3. Federal Appeals. The applicant shall submit two briefs prepared and filed by the applicant in US District Court within three (3) years prior to the date of application.
7. Disclosure of Misconduct
   1. In order to assist the evaluation of whether the applicant possesses an enhanced level of skill and expertise in trial advocacy and has demonstrated integrity and dedication to the interest of clients, the applicant shall, to the extent known, disclose to the National Board of Trial Advocacy as soon as permitted by law:
      1. The filing of any criminal charges against the applicant together with all details called for by the Disclosure of Conduct Form;
      2. The filing or submission of any allegation of unethical or inappropriate professional conduct with any court, grievance committee or disciplinary board or body together with all details called for by the Disclosure of Conduct Form.
      3. The assertion of any claim of professional negligence or professional liability, whether or not suit has been filed, which is based in any part on alleged acts or omissions of the applicant or member or on the acts or omissions of any other attorney over whom the applicant or member had any responsibility together with all details called for by the Disclosure of Conduct Form.
   2. The National Board of Trial Advocacy shall determine, in accordance with its standards and procedures whether the conduct is such that certification should be granted, denied, suspended or revoked, or whether action should be deferred pending receipt of additional information. The NBTA will take into consideration any findings made by other bodies concerning such conduct, but is not bound by any such findings and will make its own independent assessment concerning how such conduct bears on whether an attorney is qualified to obtain or maintain certification.
   3. The failure of an applicant to disclose such conduct is a material misrepresentation and may be cause for rejecting an application or refusing to grant certification, or for suspending or revoking a certificate. The applicant shall have a continuing duty to disclose such matters to the board.

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