The Difference Between Winning and Losing: How to Effectively Cross-Examine a Vocational Witness on Foundation and Methodology (Presented by the Federal Bar Association Social Security Law Section)

Dana W. Duncan, Founder
Spelios Bacoyanis, Attorney at Law
Adam Vanderwerff, Attorney
Dana W. Duncan, Founder | Duncan Disability Law
Spelios Bacoyanis, Attorney at Law | Nash Disability Law
Adam Vanderwerff, Attorney | Duncan Disability Law

Live Video-Broadcast: July 8, 2025

1 hour CLE

Tuition: $395.00
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Program Summary

Program hosted in (ET) time zone

Most cases are won or lost at step five of the sequential process. Yet, that step rests on the testimony of the vocational witness. Effectively cross-examining vocational witnesses is the primary tool in the arsenal of a representative. Such cross-examination is based upon the foundation of the vocational witness's testimony, his knowledge of the Dictionary of Occupational Titles ("DOT"), and the various resources available. In this seminar, we will explore questions to ask, where to probe the soft spots, how to address the methodology of converting data from available resources to the DOT, and how to reduce the viability of the vocational witness testimony.

Presented by the Federal Bar Association Social Security Law Section

This course is co-sponsored with myLawCLE. 

Key topics to be discussed:

  • Cross-examining vocational experts about past relevant jobs and setting out an effective cross-examination through exhibits and the client’s testimony
  • How to craft hypothetical questions using medical evidence and testimony to eliminate jobs and undermine less restrictive hypothetical questions that may be proposed by the Administrative Law Judge
  • How to set up a cross-examination of the vocational expert to preserve the issue of appeal to the Appeals Council
  • A discussion of SSR 24-3p as it is being applied at hearings

Date / Time: July 8, 2025

  • 2:00 pm – 3:00 pm Eastern
  • 1:00 pm – 2:00 pm Central
  • 12:00 pm – 1:00 pm Mountain
  • 11:00 am – 12:00 pm Pacific

Closed-captioning available

Speakers

Speaker_Dana W. DuncanDana W. Duncan, Founder | Duncan Disability Law

Dana W. Duncan is the founder of Duncan Disability Law, SC, located in Nekoosa, Wisconsin. He has represented thousands of disabled clients throughout Wisconsin and the nation in Social Security law. In addition to a high-volume administrative practice in Social Security disability, Mr. Duncan has averaged over a hundred federal Social Security appeals over the past five years. He was a speaker for several professional organizations and in numerous continuing legal education programs.

Mr. Duncan is admitted to practice in Wisconsin and Utah.

He is admitted to the Federal District Courts, including the Eastern and Western Districts of Wisconsin, the Northern, Central, and Southern Districts of Illinois, the Northern and Southern Districts of Indiana, the Eastern and Western Districts of Michigan, Colorado, North Dakota, and Utah.

He is admitted to the U.S. Courts of Appeals for the First, Fourth, Sixth, Seventh, Eighth, Ninth and Tenth Circuits and U.S. Court of Appeals for Veterans’ Affairs.

He has more than 35 years of experience in Social Security law and has personally argued more than 50 cases before the U.S. Court of Appeals, Seventh Circuit, Chicago, Illinois; and before the Fourth Circuit, Richmond, Virginia.

He earned his B.A. degree from Beloit College and his J.D. degree from Marquette University.

 

Speaker_Spelios BacoyanisSpelios Bacoyanis, Attorney at Law | Nash Disability Law

Spelios Bacoyanis has been licensed to practice law since 2012 and has practiced exclusively in the area of Social Security Disability law since 2017. He has represented clients at all levels of Social Security from initial claims up through the federal district court.

Spelios was the Chair of the Chicago Bar Association Social Security Law Committee from 2020-2021. As Chair, he authored and advocated for Public Act 102-0183, which expanded the definition of medical providers in Illinois and provided that individuals seeking SSDI,SSI, Aid to the Aged Blind and Disabled, and Federal Veterans’ benefits could obtain their medical records in Illinois for no charge. Spelios is currently the Vice Chair of the Federal Bar Association Social Security Law Section, and he has given numerous talks on Social Security, ranging from continuing legal education seminars to community discussions with organizations like the National Alliance for Mental Illness (NAMI).

Spelios received his undergraduate degree from Purdue University and received his J.D. and L.L.M. degrees from The John Marshall Law School (now the University of Illinois Chicago School of Law), where he was treasurer of the Student Bar Association. While at John Marshall, he was a senior clinical intern at the Fair Housing Legal Clinic, working closely with disabled individuals in housing discrimination cases.

 

Speaker_Adam VanderwerffAdam Vanderwerff, Attorney | Duncan Disability Law

Adam Vanderwerff is a native Wisconsinite who spent a few years exploring the mountains of Colorado. Adam is an avid outdoorsman who loves to run, hike, bike, camp, canoe, and kayak. Attorney Vanderwerff is the son of an engineer and a musician who taught him that he should creatively think through every problem. Adam has had an extremely varied early career in litigation, including family law, landlord-tenant issues, and personal injury. Adam also served as an Assistant Attorney General for Consumer Protection and Antitrust for two years, helping ensure fair, safe, and effective pharmaceutical treatment for the Citizens of Wisconsin.

Adam learned the value of hard work from his father, who showed him that the work was not done until it was done right.

He is admitted to the Federal District Courts, including the Eastern and Western Districts of Wisconsin and Colorado, and to the U.S. Courts of Appeals for the Seventh Circuit. He earned his Juris Doctor from Marquette University Law School in 2016. He is a member of NOSSCR – National Organization of Social Security Claimants’ Representatives; NADR – National Association of Disability Representatives; and WAWCA – Wisconsin Association of Worker’s Compensation Attorneys.

Agenda

I. Cross-examining vocational experts regarding Step Four findings | 2:00pm – 2:10pm

II. Creating hypothetical questions using medical evidence and hearing testimony to eliminate substantial numbers at Step Five | 2:10pm – 2:25pm

III. Setting up cross-examination of vocational experts and preserving issues before the Appeals Council | 2:25pm – 2:35pm

IV. A roundtable discussion regarding the early application of SSR 24-3p | 2:35pm – 2:50pm

V. Q&A | 2:50pm – 3:00pm

Credits

Alaska

Approved for CLE Credits
1 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 General

Florida

Approved via Attorney Submission
1 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1 General

Hawaii

Approved for CLE Credits
1.25 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Pending CLE Approval
1 General

Indiana

Pending CLE Approval
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Pending CLE Approval
1 General

Missouri

Approved for CLE Credits
1.25 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.25 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1 General

Nevada

Approved for CLE Credits
1 General

New York

Approved for CLE Credits
1.25 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Pending CLE Approval
1 General

Pennsylvania

Approved for CLE Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Pending CLE Approval
1 General

Texas

Approved for CLE Credits
1 General

Utah

Pending CLE Approval
1 General

Virginia

Not Eligible
1 General Hours

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
1 General

West Virginia

Pending CLE Approval
1.25 General

Wyoming

Pending CLE Approval
1 General

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