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On Demand Audio

Orthopedic Injuries and Social Security Disability Claims: Strategies for Successfully Proving a Social Security Disability Case

(525 reviews)

Produced on December 20, 2014

$ 89 Disability & Social Security In Stock

Course Information

Time 75 minutes
Difficulty Intermediate

Course Description

Musculoskeletal impairments are the most popular impairment alleged by claimants seeking disability benefits. The back, neck, shoulders and knees are often alleged as a claimant’s most debilitating injuries. But how does one prove that an orthopedic impairment prevents them from working? What is needed to meet the claimant’s burden of proving they are disabled? Disability lawyers Brian Mittman and Scott Daniels break down a claimant’s burden of proof while focusing on proving a disability claim when an orthopedic impairment is alleged. They’ll identify the most powerful evidence and significant social security regulations and rulings that will inevitably increase your client’s chances of securing disability benefits.


Learning Objectives:

  1. Understand Social Security’s strict definition of disability
  2. Discover a claimant’s difficult burden of proof in a disability claim
  3. Identify how orthopedic impairments are evaluated by Social Security
  4. Learn about Social Security’s evidentiary requirements when orthopedic impairments are alleged
  5. Learn about important courtroom strategies in highlighting specific evidence
  6. Discover how to effectively advise your client in medically developing a case centered on orthopedic injuries
  7. Target specific types of evidence to facilitate your client’s case

This course originally appeared as a part of our December 2014 Bridge the Gap Event.


Brian Mittman

Markhoff & Mittman, PC

Areas of Practice:

- Workers' Compensation Law (State, Federal, Longshore)

- Social Secuirty Disabilty

- Long Term Disability

- Personal Injury and Accidents

- General Litigation


- Brooklyn Law School, Brooklyn, New York, 1994 J.D - Cum Laude, Richardson Merit Scholar

- University of Rochester, Rochester, NY, 1991 B.A. Political Science - Cum Laude

- Upper Dublin High School, Fort Washington, PA, 1987 - National Merit Honor Society

Professional Honors & Activities:

- Board of Directors - Society of New York Workers' Compensation Bar Association, Inc.

- Board of Directors (Westchester County:Peekskill Regional Director) - Injured Workers' Bar Association

- Board of Directors - New York Workers Compensation Alliance

- Board of Directors - White Plains Bar Association 

- Member - CCLP - The Coalition for Concerned Legal Professionals

- Member - New York State Bar Association

- Member - White Plains Bar Association

- Member - Westchester County Bar Association

- Member - Westchester Womens Bar Association

- Member - Justice Louis Brandis Legal Foudation

- Member - Jewish Lawyers Guild

- Member - New York State Trial Lawyers Institiute

- Member - New York County Lawyers Associatiom

- Member - Mt. Vernon Bar Association

- Instittute for Jewish Humanities - Attorney of the Year 2006

Presentations & Speeches:

-The 2008 Streamlined Docket "Rocket Docket" Regulations - An Overview - Presented at the Injured Workers Bar Association Fall 2008 Albancy CLE Conference

- New York State Workers Compensation Law Update/Recent Changes, November 18, 2008 - Bronx County Bar Association

-The Basics of Workers' Compensation 2007 - Lorman Education CLE series

-The Basics of Workers; Compensation 2008 - Lorman Education CLE series

-What you Ned to Know about the 2007 Workers Compensation Law Sept 18 2007 - Westchester County Bar Association CLE

- The Basics of Workers Compensation 2009 - Lorman Education CLE series

Bar Admissions:

- New York State - January 1995

Community Activities:

- Pediatric Cancer Foundation - helping to hold the hand of a child, especially when dealing with cancer, is truly a worthy cause. For more information check out their link at PCFWEB.ORG and feel free to make a donation.

- Outside of the office I coach multiple teams for my children including basketball, baseball and soccer. I also am an advid ice hockey player and I skate for two teams througout the year and encourage anyone to start in the wonderful beginner/adult program offered by Hockey North America!

Scott Daniels


Scott Daniels is originally from the Philadelphia area and graduated from Touro Law Center in 2006. He has a broad range of expertise in the area of Federal Social Security Disability and has conducted hundreds of disability hearings across the country.

Prior to graduation, Mr. Daniels was a Summer Law Intern for the Honorable Linda K. Caracappa, United States Magistrate Judge in Philadelphia, PA. Before joining Markhoff & Mittman, Mr. Daniels practiced extensively in the area of plaintiff's civil litigation.


Touro Law Center, Central Islip, New York

Juris Doctorate 2006

The Ohio State University, Columbus, Ohio

B.A. Political Science 2002

Bar Admissions:

New York    2006

New Jersey  2006

Professional Memberships:

National Organization of Social Security Claimants' Representatives

New York Social Security Bar Association


Jason I. M.

Great program. Scott Daniels is an excellent presenter and a sharp dresser.

Wesley G.

Fantastic job! Exceptional.


This was very informative. Thank you.

Ryan R.

These two presenters do a great job!

Alexander M.


Lewis S.

These guys are great

James T.


Gerald C.


Kenneth Lee M.

The best program yet.

Richard B.

I enjoyed the 2 speaker approach

Rosemarie C.

Very engaging speakers!

Laura S.

Good presenters. Well organized and good rapport with audience. Highly recommend,

Chad S.

Wish it was longer

Colleen M.

good realistic examples

Quang N.

Great primer even for a WorkersComp sp

Sheldon O Z.


Michael M.

Good course

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