Ethics in Evidence Submissions

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The Dickinson School of Law, Penn State
June 2015

This ethics session addresses some of the myriad issues raised by SSA’s new “all evidence” regulations which became effective April 20, 2015. Those regulations require claimants and their representatives to submit all evidence, helpful or hurtful, that “relates to” a claim of disability. What constitutes evidence? What is really the difference, if any, between evidence that is material to a claim and evidence that relates to a claim? How narrow are the limited exceptions for “privilege” and “work product,” as those terms are defined by SSA? How should a representative deal with a client’s social media, and should a representative even look into a client’s social media? How should a representative who has received hurtful evidence deal with a client who demands that the evidence not be submitted or who actually fires the rep? Can a representative abide by a client’s wishes that his/her psychiatric conditions be kept out of the process? Underlying all these issues is the interplay between SSA’s rules for representatives and relevant state bar rules of professional conduct.

Earn CLE Credit with this On Demand Program

1.0 CLE Ethic Credits have been applied for this course.
The course has been approved by the following states as On Demand/Recorded Credit: North Carolina, Illinois, Minnesota, Oklahoma, Texas and West Virginia. Pending in Ohio.
CLE Self Study Credit may be obtained by applying directly to your state’s board. Please check with your state bars for their rules and regulations
A Certificate of Participation and an Evaluation form will be available to you in your online account immediately upon completion.
EDUCATION

THE DICKINSON SCHOOL OF LAW OF THE PENNSYLVANIA STATE UNIVERSITY Carlisle, PA
Juris Doctor, May 2003

UNIVERSITY OF DELAWARE Newark, DE
B.A., Criminal Justice, May 1999

PROFESSIONAL LAW-RELATED BACKGROUND

Dickinson School of Law, Pennsylvania State University Carlisle, PA
DIRECTOR OF COMMUNITY LAW CLINIC 1/14 – Present
CLINICAL PROFESSOR 7/06 – Present
Direct the activities of the Community Law Clinic. Administer and supervise students in the law practice associated with family and disability matters confronting low-income clients.

Supervise students in the representation of indigent clients in matters relating to divorce, support, custody, adoption, protection from abuse, child dependency and social security/disability.
Teach weekly course associated with Clinic class. Lead classes and discussions on various aspects of family and disability law and the practice of law in general.
Prepare students in all aspects of legal representation including interviewing clients, preparing legal documents, preparing for and attending hearings and court proceedings, preparing and filing legal briefs and memoranda.
DOCTRINAL COURSES: Family Law

Spring 2016
ASSOCIATE Carlisle, PA
The Law Offices of LopezNeuharth, LLP 8/03 – 1/06
Represented clients in family law and bankruptcy matters including divorce, support, custody, adoption, and chapter 7 bankruptcies. Court appointed counsel representing parents in Cumberland and Franklin County Children and Youth dependency cases. Guardian ad litem in dependency and private custody cases.

SOLE PRACTITIONER Mechanicsburg, PA
Megan Malone, Attorney at Law
1/06 – 7/06

Represented parents and children in Cumberland and Franklin County Children and Youth dependency cases as court appointed counsel. Guardian ad litem in private custody cases.

OTHER PROFESSIONAL EXPERIENCE

CASEWORKER Adams County, PA
Adams County Children and Youth Services 11/99 – 8/00
Managed caseload of 15 families for dependent and at-risk children and families. Worked in the on-going unit following the progress of children in placement, and once returned to the family. Worked with families to prevent adjudication and placement of children.

BAR MEMBERSHIPS

Supreme Court of Pennsylvania

U.S. Supreme Court

PROFESSIONAL MEMBERSHIPS
Pennsylvania Bar Association

Cumberland County Bar Association, 2nd Vice President

Cumberland County Bar Association Young Lawyer’s Division

Cumberland County Bar Association Family Law Section

Cumberland County Inns of Court

County Delegate to PBA House of Delegates

Zone 3 PBA YLD Co-Chair

PRESENTATIONS

Panelist Family Law in Pennsylvania (PBI)

October 2009

Social Security, SSI and Support,Domestic Relations Association of PA, Western Conference

June 2010
PFA Practice in Cumberland County

August 2010
Co-Presenter on Improvident Transactions, SEALS Conference

July 2011
Co-Planner Basics of Support Law, PBI Course

2012 & 2014

PUBLICATIONS

“A Practitioner’s Guide to New Developments In Pennsylvania’s Child Protection Laws,” with Lucy Johnston-Walsh, The Pennsylvania Bar Association Quarterly, April 2015, Volume 86, No. 2

VOLUNTEER ACTIVITIES

Board member, Hershey Medical Center Ethics Committee

Board member,

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