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The practice items for the Social Security Administration Direct Payment to Non- Attorney Representatives Examination are available below. These items are for practice purposes only and will not appear on the actual examination. All names used in these practice items are purely fictional and do not apply to any real claimants or any other individual. The items are multiple choice and there is only 1 correct answer for each question. The actual examination will also appear in this format. Select the button under each question to reveal the answer. Refreshing the page will hide the answers. Which statement best describes the term "severe" impairment? c. An impairment or combination of impairments is only severe if the impairment significantly impacts at least one basic work activity. You are representing your client at a hearing. A vocational expert (VE) is present. The ALJ asks if the VE has reviewed Exhibit 15F, which is a consultative psychological examination report, in which the psychologist opines that your client is capable of performing simple, repetitive, unskilled tasks that do not require ongoing contact with the public or coworkers. The VE states that he has reviewed this report. The ALJ asks if he agrees with the limitations that have been assessed, and the VE says that he does agree with the limitations contained in that report. Which statement is most accurate about the ALJ's questioning of the VE?
d. Improper, because the VE is offering his opinion about the relationship of the limitations to the clinical signs and findings, thus rendering an opinion on medical issues. Skip Ad Mark Baum arrives at your office with a dismissal order dated three weeks ago. The order states that his request for a hearing on his Supplemental Security Income claim was not timely filed and the claimant's reasons for missing the deadline did not constitute good cause for late filing. He believes he did have good cause and asks you what he should do next. You would advise Mr. Baum to b. file a request for Appeals Council review of the Dismissal Order pursuant to 20 CFR 416.1467. Ethics: An ALJ authorizes a representative to charge and collect $2,000 for his representational services for a claim for disability insurance benefits. SSA directly pays the representative $2,000. Six months later, SSA erroneously paid the representative an additional $2,000 based upon the same claim. One year after issuing the erroneous payment, SSA sends a letter to the representative informing him of the excess fee payment and requesting a refund within 30 days. What should the representative do? c. Refund the $2,000 excess payment to SSA within 30 days, as requested. Auxiliary Benefits When a disabled individual receives Social Security disability insurance benefits, their spouse and/or minor children may also be eligible to receive Social Security benefits. These benefits paid to the spouse or minor child are called
Disabled Widow(er) Benefits (DWB or DIWW) 404. The disability benefits are available to disabled widows and widowers of insured workers, with benefits first payable to the widow(er) at an age between age 50 and
- Disability began w/in 7 years after the spouses death
- Deceased spouse must have been on T2 benefits or had T2 insured status before death Substitution of Party POMS 23510. **Rule is NOT in CFR (hallex 1- 2 - 1 - 50) SSA - 539 Form T16 - limited to surviving spouse who was living w/ claimant within the past 6 months or parent/parents of disabled or blind child. Order of Sub for T2:
- Surviving Spoise
- Children entitled to monthly benefits
- Parents of claimant who are entitled
- Surviving Spouse (not living w/ claimant)
- Children of claimant
- Parents of claimant
- Legal rep of estate Special Insured Status 404. Disabled before age 31.
- Must be fully insured
- You have QCs in at least one-half of the quarters during the period ending with that quarter and beginning with the quarter after the quarter you became age 21;
however - (i) If the number of quarters during this period is an odd number, we reduce the number by one; and (ii) If the period has less than 12 quarters, you must have at least 6 QCs in the 12- quarter period ending with that quarter. Continuing Disability Reviews 404.1589 416. Reviews post receiving SSDI benefits Two Types:
- Medical (3 years)
- Work ( Trial Work Period) Trial Work Period (TWP) 404. SSA incentive to provide a person with SSA money for up to five nine months in a five year period when they have earned more than the SSA income limit
- the 9 months does NOT have to be consecutive
- If they make under $900/m, this month does not count In-Kind Income Non-cash payments received in exchange for services rendered or in lieu of a cash contribution Earned Income 416. Any income (wages/salary) that is generated by working
- First $20 is always taken off
- Self Employment - take net earnings yearly and divide by 12. Unearned Income 416.1121 416.
- Sponsor of an Alien (for up to 3 years after entrance into US)
- Essential Person SSI only Resources 416 Subpart L (SSI only) resources means cash or other liquid assets or any real or personal property that an individual (or spouse, if any) owns and could convert to cash to be used for his or her support and maintenance. Limit: $2,000 individual person $3,000 Couple Res Judicata 404.957 416. "Matter already Judged." A claim cannot be retried between the same parties if it has already been legally resolved. Collateral Estoppel 404.950 416. "Issue Already Decided" An issue at your hearing may be a fact that has already been decided in one of our previous determinations or decisions in a claim involving the same parties, but arising under a different title of the Act or under the Federal Coal Mine Health and Safety Act. If this happens, the administrative law judge will not consider the issue again, but will accept the factual finding made in the previous determination or decision unless there are reasons to believe that it was wrong.
- This is on both a denial or allowance Common Law Marriage 404.
This is recognized by SSA if State claimant lives in recognizes it. BUT, it needs preferred evidence.
- example - signed statement from spouses and usually two blood relatives. Self Employment 404.1575 416. Have to complete "the Three Tests"
- You have engaged in substantial gainful activity if you render services that are significant to the operation of the business and receive a substantial income from the business. (over 45 hours a month)
- You have engaged in substantial gainful activity if your work activity, in terms of factors such as hours, skills, energy output, efficiency, duties, and responsibilities, is comparable to that of unimpaired individuals in your community who are in the same or similar businesses as their means of livelihood.
- You have engaged in substantial gainful activity if your work activity, although not comparable to that of unimpaired individuals, is clearly worth the amount shown in § 404.1574(b)(2) when considered in terms of its value to the business, or when compared to the salary that an owner would pay to an employee to do the work you are doing. Unsuccessful Work Attempt (UWA) 404.1592c Work lasting up to 6 months that the claimant is forced to stop or reduce below the SGA level because of the claimant's disability. Such work is disregarded when evaluating the claimant's disability under the sequential evaluation process. Impairment-Related Work Expenses (IRWE)
or which has lasted or can be expected to last for a continuous period of not less than 12 months.
- To meet this definition, you must have a severe impairment(s) that makes you unable to do your past relevant work or any other substantial gainful work that exists in the national economy.
- If your severe impairment(s) does not meet or medically equal a listing in appendix 1, we will assess your residual functional capacity. We will use this RFC assessment to determine if you can do your past relevant work.
- If we find that you cannot do your past relevant work, we will use the same RFC assessment and your vocational factors of age, education, and work experience to determine if you can do other work. Residual Functional Capacity Assessment (RFC) 404. the purpose of______________ is to identify how your current limitations prevent you from meeting the physical, sensory, mental, and other requirements of the workplace. Medically Determinable Impairment (MDI) 404.1521 416. Your impairment(s) must result from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques.
- Therefore, a physical or mental impairment must be established by objective medical evidence from an acceptable medical source.
- We will not use your statement of symptoms, a diagnosis, or a medical opinion to establish the existence of an impairment(s). Non-Severe Impairment 404.1522 416.
If your impairment does not significantly limit your ability either physically or mentally to do basic activities. examples:
- walking, standing, sitting, lifting, pushing, pulling
- Capacities of seeing, hearing & speaking
- Understanding, Carrying out, remembering, simple instructions
- Use of judgement
- Responding appropriately to supervision, co-workers, & usual work situations
- Dealing with changes in routine work settings Multiple Impairments 404.1523 416.
- Unrelated Severe Impairments: We cannot combine two or more unrelated severe impairments to meet the 12-month duration test.
- Concurrent Impairments: If you have two or more concurrent impairments that, when considered in combination, are severe, we must determine whether the combined effect of your impairments can be expected to continue to be severe for 12 months.
- Combined Effect: In determining whether your physical or mental impairment(s) are of a sufficient medical severity that such impairment(s) could be the basis of eligibility under the law, we will consider the combined effect of all of your impairments without regard to whether any such impairment, if considered separately, would be of sufficient severity. Who makes disability determinations? 404.1503 416.
Acceptable Medical Evidence We need objective medical evidence from an AMS to establish the existence of a medically determinable impairment (MDI) at step 2 of the sequential evaluation process Examples
- Physicians (MD or DO)
- Licensed/Certified Psychologists (also School Psych)
- Licensed Optometrist/Podiatrist/Audiologist/Speech-Language Pathologist ***Claims filed after 3/27/2017 accept sources from: APRN, APN, Certified Nurse Midwife, CNS, CRNA, NP - although these might weigh less Opinion Evidence Evidence of what a physician or person thinks, believes, or infers in regard to a fact in dispute, as distinguished from personal knowledge of the facts.
- reflects the nature or severity of impairment & establishment of RFC. Sequential Evaluation Process 404.
- At the first step, we consider your work activity, if any. If you are doing substantial gainful activity, we will find that you are not disabled.
- We consider the medical severity of your impairment(s). If you do not have a severe medically determinable physical or mental impairment that meets the duration requirement of 12 mo. , or a combination of impairments that is severe and meets the duration requirement, we will find that you are not disabled.
- We also consider the medical severity of your impairment(s). If you have an
impairment(s) that meets or equals one of our listings in appendix 1 of this subpart and meets the duration requirement, we will find that you are disabled.
- We consider our assessment of RFC & your past relevant work. If you can still do your past relevant work, we will find that you are not disabled. (cannot be found disabled on step 4)
- We consider our assessment of your RFC and your age, education, and work experience to see if you can make an adjustment to other work. If you can make an adjustment to other work, we will find that you are not disabled. Listings of Impairments Appendix 1 Subpart P
- ALWAYS pay attention to the and/or in listings.
- Part A - Criteria that applies to individuals 18 or older
- Part B - Criteria that applies to individuals under 18 Each section includes introductions and specific listings Gainful Work Activity Work activity that you do for pay or profit Past Relevant Work (PRW) 404. Work a claimant performed within the last 15 years (since onset) which lasted long enough for him or her to learn the job and which was substantial gainful activity.
- TIP: not all past work is relevant work Exertional Limitations 404. Conditions that limit an individual's ability to meet the strength demands of a job.
- standing, walking, sitting, lifting, carrying, pushing and pulling
- Heavy Work (Max 100lb, Freq. 50lb)
- Very Heavy Work (Max 100lb, Freq. 50lb or more) Work which exists in the national economy 404.1566D General. We consider that work exists in the national economy when it exists in significant numbers either in the region where you live or in several other regions of the country. It does not matter whether - (1) Work exists in the immediate area in which you live; (2) A specific job vacancy exists for you; or (3) You would be hired if you applied for work. Medical-Vocational Guidelines Appendix 2 Subpart P Also known as the "grids," the Medical-Vocational Guidelines are tables that feature vocational rules that consider a claimant's age, education, prior work experience, and remaining RFC to direct or guide the decision maker to a conclusion of "disabled" or "not disabled" Age Categories 404.
- Younger person. If you are a younger person (under age 50), we generally do not consider that your age will seriously affect your ability to adjust to other work. However, in some circumstances, we consider that persons age 45-49 are more limited in their ability to adjust to other work than persons who have not attained age
- Person closely approaching advanced age. If you are closely approaching advanced age (age 50-54), we will consider that your age along with a severe impairment(s) and limited work experience may seriously affect your ability to adjust to other work.
- Person of advanced age. We consider that at an advanced age (age 55 or older), age significantly affects a person's ability to adjust to other work. We have special rules for persons of advanced age and for persons in this category who are closely approaching retirement age (age 60 or older). Education 404.
- Illiteracy. Illiteracy means the inability to read or write. We consider someone illiterate if the person cannot read or write a simple message such as instructions or inventory lists even though the person can sign his or her name. Generally, an illiterate person has had little or no formal schooling.
- Marginal education. Marginal education means ability in reasoning, arithmetic, and language skills which are needed to do simple, unskilled types of jobs. We generally consider that formal schooling at a 6th grade level or less is a marginal education.
- Limited education. Limited education means ability in reasoning, arithmetic, and language skills, but not enough to allow a person with these educational qualifications to do most of the more complex job duties needed in semi-skilled or skilled jobs. We generally consider that a 7th grade through the 11th grade level of formal education is a limited education.
- High school education and above. High school education and above means abilities in reasoning, arithmetic, and language skills acquired through formal schooling at a 12th grade level or above. We generally consider that someone with these educational abilities can do semi-skilled through skilled work. Arduous Unskilled Physical Laborer 404. Work out worker; If you have no more than a marginal education and work experience of 35 years or more during which you did only arduous unskilled physical
Skilled Work Work that requires qualifications in which a person uses judgment to determine the machine and manual operations to be performed in order to obtain the proper form, quality, or quantity of material to be produced.
- may require laying out work, estimating quality, determining the suitability and needed quantities of materials, making precise measurements, reading blueprints or other specifications, or making necessary computations or mechanical adjustments to control or regulate the work.
- Other skilled jobs may require dealing with people, facts, or figures or abstract ideas at a high level of complexity. Transferability We consider you to have skills that can be used in other jobs, when the skilled or semi-skilled work activities you did in past work can be used to meet the requirements of skilled or semi-skilled work activities of other jobs or kinds of work. This depends largely on the similarity of occupationally significant work activities among different jobs. (i)The same or a lesser degree of skill is required; (ii) The same or similar tools and machines are used; and (iii) The same or similar raw materials, products, processes, or services are involved.
