Megan Riesmeyer , Professor Emeritus Robert E. Rains – 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. 

Professor Emeritus Robert E. RainsRelated seminars and products: 1

PROFESSIONAL BACKGROUND:

July 2013 – present: Professor Emeritus, The Pennsylvania State University Dickinson School of Law.

August 1983 – June 2013:  Professor, The Pennsylvania State University Dickinson School of Law*, Carlisle, PA.  Asst. Prof. 1983-87; Assoc. Prof. 1987-89.  Director, Community Law Clinic (formerly the Family Law and Disability Law Clinics).  

Courses:  Family Law; Comparative and International Family Law; Juvenile Law; Law and Individuals with Disabilities.  Past courses taught:  Administrative Law; Education Law; Equal Protection and Civil Rights; Appellate Advocacy; Legislation; Legal Methods, Research and Writing.

Fall 1980 – Spring 1983:  Adjunct Professor, The Dickinson School of Law, Carlisle, PA.  Education Law Seminar; Law and the Handicapped Seminar; Temporary Supervisor, Legal Assistance Program for the State Correctional Institution at Camp Hill, PA.

October 1979 – August 1983:  Partner, law firm of Rains & Jacobsen, Harrisburg, PA.

General civil practice emphasizing human services, governmental benefits and civil rights.

August 1974 – October 1979:  Deputy Attorney General, Pennsylvania Department of Justice, Harrisburg, PA.

EDUCATION:

  Harvard Law School, J.D. 1974.

  Michigan State University, B.A. Political Science 1970.

BAR MEMBERSHIPS:

  Supreme Court of Pennsylvania

  U.S. District Court, Eastern District of Pennsylvania

  U.S. District Court, Middle District of Pennsylvania

  U.S. Court of Appeals for the Third Circuit

  U.S. Supreme Court

     *The Dickinson School of Law became part of The Pennsylvania State University in July 1997.

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