The Six-Element Kernel: A Method for SSD Appeals – NOSSCR 2026 Fall National Conference – Track I (Presented by National Organization of Social Security Claimants’ Representatives)

Desmond Griswold
Desmond Griswold | Griswold Legal, LLC

Desmond Griswold is the principal of Griswold Legal, LLC, a Social Security disability practice in North Olmsted, Ohio.

Live Video-Broadcast: October 16, 2026

1 hour CLE

Tuition: $395.00
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Program Summary

 

Answer Harmlessness Before the Commissioner Defines It for You

Most unfavorable ALJ decisions don't come with the argument attached — the drafting is where the appeal is won or lost. This session presents a practical drafting method for turning an unfavorable ALJ decision into a court-ready argument, built in sequence: the governing legal requirement, the agency's specific error, the record proof that exposes it, then harmless error and the appropriate remedy.

Each step carries the next. Skip the governing requirement, and the error has no measure. Name the error without the record proof, and it doesn't hold. Leave harmlessness unanswered, and the Commissioner defines it for you.

The method is applied to real decision text, with a live demonstration on a sample ALJ passage. The speaker draws on twenty-one years inside SSA and more than a decade representing claimants — and you walk out with a framework to use on your next federal SSD brief.

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 Fall 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 Friday, October 16, 2026.

Key topics to be discussed:

  • The Drafting Method
    A practical sequence for turning an unfavorable ALJ decision into a court-ready argument.
  • Requirement, Error, Proof
    Moving from the governing legal requirement through the agency's specific error to the record proof that exposes it.
  • Answering Harmlessness First
    How to answer harmless error before the Commissioner defines it for you.
  • The Appropriate Remedy
    Carrying the argument through to the remedy the error supports.
  • Real Decision Text
    Applying the method to real decision text, with a live demonstration on a sample ALJ passage.
  • A Framework for Your Next Brief
    A method — informed by twenty-one years inside SSA and a decade-plus representing claimants — ready for your next federal SSD brief.

This course is co-sponsored with myLawCLE.

Date / Time: October 16, 2026

  • 10:30 am – 11:30 am Eastern
  • 9:30 am – 10:30 am Central
  • 8:30 am – 9:30 am Mountain
  • 7:30 am – 8:30 am Pacific

Closed-captioning available

Speakers

Desmond Griswold, Principal | Griswold Legal, LLC

Desmond Griswold is the principal of Griswold Legal, LLC, a Social Security disability practice in North Olmsted, Ohio.

  • Education & Credentials

He earned a B.A. from the University of Cincinnati (1987), an M.S. in Print Journalism from Northwestern (1988), and a J.D. from Cleveland-Marshall College of Law (1993).

  • Experience

He served twenty-one years inside the Social Security Administration as an Attorney Advisor and Senior Attorney Advisor at the Cleveland Office of Hearings Operations (2004–2025), where he drafted, reviewed, and refined the kind of ALJ decisions that are the operative subject of federal SSD appellate review. He returned to claimant-side practice in February 2026.

Agenda

SESSION 1 – The Six-Element Kernel: A Method for SSD Appeals | 10:30am – 11:30am

Federal SSD appellate briefs succeed or fail on structural discipline. This session presents a six-element method — Requirement, Failure, Proof, Foreclosure, Harm, Remedy — for building federal-court arguments that address what the reviewing court must decide. The session applies the method to ALJ decision text, shows how to convert identified error into argument structure, and demonstrates how to draft the harmlessness sentence before the Commissioner defines harmlessness for you. Drawing on twenty-one years inside SSA and current and former claimant-side federal practice, the speaker gives attendees a practical framework for their next federal SSD brief.

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

Pending CLE Approval
1 General

Georgia

Pending CLE Approval
1 General

Hawaii

Approved for CLE Credits
1 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
1.2 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 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

Pending CLE Approval
1 General

New York

Approved for CLE Credits
1 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
1.2 General

Wyoming

Pending CLE Approval
1 General

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