Legal Administrative Specialist (Legal Assistant)

The incumbent serves as the first point of contact for claimants and their representatives who are seeking information or assistance in developing needed evidence to support their claims and is recognized as the agency's representative in defining the legal process and decorum to claimants, their representatives, and other participants in the hearing. Typically, the incumbent:

Duties

Reviews and analyzes the case to ensure sufficiency of evidence or documentation, and to ensure that the case is ready for hearing. Obtains both medical and non‑medical evidence needed for the hearing. Contacts the claimant and/or representative to secure current evidence of record or to independently request current evidence from a medical source through the State agency. On own initiative, requests a consultative examination if it is deemed necessary to complete the file. Summarizes pertinent and factual data extracted from the claim file describing development taken and recommends to the ALJ whether or not an R/H should be dismissed as untimely or as not meeting sufficient legal and regulatory requirements. Drafts dismissal, if appropriate. 

Develops cases meeting legal and regulatory requirements, outlining development taken on own initiative, which involves scrutinizing medical evidence, treatment, and treating sources so that the ALJ is fully cognizant of diagnoses and all areas of medical treatment provided the claimant. Points out discrepancies in factual issues that should be addressed at the hearing. Based on a thorough knowledge of the programs administered by SSA, selects pertinent exhibits to be included in the case record. Marks exhibits in preparation of the case for hearing. Prepares non‑standard opening statement for the ALJ to use to begin the hearing.

Contacts unrepresented claimants by phone as part of the Pre-Hearing Development Contact program to explain the hearing process, including the right to representation.  Discusses additional medical sources and requests updated medical evidence. 

Works with individuals in various components of SSA to locate and secure missing documentation and/or prior files needed to fully develop the hearing request.  Sources of contacts include, but are not limited to, other hearing offices, field offices, Program Service Centers, and Disability Determination Services (DDS).

Ensures that aged cases, terminally ill (TERI) cases, dire need cases, and all cases identified as critical are given priority and all steps of the process are handled in an expeditious manner. 

Identifies Appeals Council and court remanded cases with time-imposed processing dates and annotates the claim file with the specific hearing and decision due dates. Identifies class action cases for appropriate handling and routing.  Upon review of the file, identifies any difficulty in complying with the time limitations and alerts the supervisor or manager so that appropriate action can be taken to expedite the processing of the case.

Schedules cases for hearing in accordance with legal and regulatory requirements and coordinates time and date of hearing with claimants, their representatives, expert witnesses, and hearing reporters. Prepares Notice of Hearing. Arranges for space, schedules all participants, makes necessary travel arrangements when the hearing is held at a remote site, prepares itineraries, and contractor's invoices for payment of all contractor services.

Sets up the hearing room and recording equipment, ensuring that the equipment functions properly throughout the hearing. Monitors hearings, defines the legal process and decorum to the claimant and their representative and other participants in the hearing. Ensures that all evidence and testimony presented at the hearing is complete and recorded. Observes and makes notes of relevant hearing room conditions and records specific and relevant testimony of the claimant and witnesses.

Discusses individual cases and reviews exhibits with claimants prior to the hearing. Explains hearing procedures, presents the proposed exhibits, and advises claimant of right to the admission of an exhibit(s).

Composes correspondence, including both complex and technical, to Members of Congress, claimants and their representatives, and staff of various offices of SSA relating to a wide variety of matters, releasing correspondence without review. Ensures that files are clearly annotated to identify congressional inquiries.

Communicates with claimants and their representatives, employees in congressional district offices, and other third parties to answer questions relating to the hearing process based on SSA law, regulations, and policy. Provides and receives information related to documentary evidence, filing and processing procedures, status of claimants' applications, and other related areas of case processing. 

Performs a wide range of actions in support of post­-hearing case development, including: composing correspondence to request medical reports from physicians, hospitals, claimants' representatives, etc.; preparing responses to written inquiries on cases; or reopening the record upon receipt of additional evidence to admit exhibits.

Prepares the Hearing Office Case Transfer Report. Transmits and logs Compact Discs (CDs), mails CDs to appropriate destination, and forwards a copy of the report to the supervisor or manager. 

Provides technical guidance and/or training in the hearing process to employees on a wide variety of case processing procedures in accordance with SSA rules, regulations and policies.

Receives and reviews incoming correspondence and other materials, inputting appropriate information into the automated tracking system. Associates mail with cases located in the master docket, recognizing additional evidence, which affects case processing, and takes or refers case for appropriate action.

Receives calls and greets visitors, including claimants, their representatives, and other hearing participates. Tactfully interviews them to ascertain exact nature and purpose of the inquiry/visit. As appropriate, signs in participates at the hearing and issues identification credentials. Answers a wide range of routine and recurrent inquiries explaining pertinent legal provisions of the Act, individual rights, case processing procedures, delays in obtaining benefits, and other related program matters. Follows through to resolve inquiries that are indefinite, uncertain, or vague in order to determine appropriate response and/or referral needed. Uses discretion, tact, and diplomacy in dispensing information.

Uses personal computers for word processing functions and other automated data/case management systems to produce a variety of documents; enter, locate, sort, and retrieve data; prepare reports; monitor and track cases to ensure timely scheduling of hearings, proper case flow, and receipt of documentary evidence, requested records, and other materials; and transmit and receive documents and messages electronically. 

Maintains a library of permanent templates of frequently used materials in ALJ decisions; e.g., SSA law and regulations paragraphs, findings of facts, and various generic decisional paragraphs. Uses the templates appropriately when updating documents.

Photocopies portions of claim files to be presented to claimant, representative, medical and vocational experts before hearings are held.

Performs other duties as assigned.