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2023 EDPNA Exam Questions With Complete Solutions (100% verified) 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 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? - Correct Answer ✅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? - Correct Answer ✅d. Improper, because the VE is offering his opinion about the relationship of the
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limitations to the clinical signs and findings, thus rendering an opinion on medical issues. 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 - Correct Answer ✅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? - Correct Answer ✅c. Refund the $2,000 excess payment to SSA within 30 days, as requested.
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Medicare Eligibility - Correct Answer ✅Disabled - 24 months (29 months total from onset) Disabled Adult Children Benefits (DAC) 404.350 - Correct Answer ✅You have to be found disabled before age 22 and IF
- a parent is deceased
- Parent is on SS Retirement
- Parent is on SSDI benefits Must Be:
- Unmarried
- 18 or older
- Have a disability that started before age 22
- Cannot have substantial earnings to be insured for T2 on their own record Disabled Widow(er) Benefits (DWB or DIWW) 404.335 - Correct Answer ✅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 60.
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- 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 23510.035 - Correct Answer ✅**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 404.130 - Correct Answer ✅Disabled before age 31.
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- If they make under $900/m, this month does not count In-Kind Income - Correct Answer ✅Non-cash payments received in exchange for services rendered or in lieu of a cash contribution Earned Income 416.1111 - Correct Answer ✅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 416.1124 - Correct Answer ✅Income received from sources other than employment Examples: Cash, Pensions, Annuities, SSDI benefits, Rental income, Inheritance, prizes/awards/gifts, Alimony, Child Support One-Third Reduction Rule 416.1131 - Correct Answer ✅If receiving food and shelter, SSI benefits are reduced by 1/3. Example: If they are getting max amount, $841, the payment would be $561.
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Presumed Maximum Value (PMV) 416.1140 - Correct Answer ✅allows you to show that your in-kind support and maintenance is not equal to the presumed value. We will not use the presumed value if you show us that - (i) The current market value of any food or shelter you receive, minus any payment you make for them, is lower than the presumed value; or (ii) The actual amount someone else pays for your food or shelter is lower than the presumed value. Income Deeming 416.1160 - Correct Answer ✅We use the term deeming to identify the process of considering another person's income to be your own. When the deeming rules apply, it does not matter whether the income of the other person is actually available to you. We must apply these rules anyway. There are four categories of individuals whose income may be deemed to you:
- Ineligible Spouse
- Ineligible Parent (for Child case)
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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 404.726 - Correct Answer ✅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 416.975 - Correct Answer ✅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)
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- 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 - Correct Answer ✅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.
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- New material evidence is furnished
- Clerical error in the computation (errors in math/computer) or re- computation of benefits was made.
- The evidence that was considered in making the determination or decision clearly shows its face that an error was made Disability - Correct Answer ✅the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death 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.
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Residual Functional Capacity Assessment (RFC) 404.1506 - Correct Answer ✅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 416.921 - Correct Answer ✅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 416.922 - Correct Answer ✅If your impairment does not significantly limit your ability either physically or mentally to do basic activities. examples:
- walking, standing, sitting, lifting, pushing, pulling
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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 416.903 - Correct Answer ✅Reserved commissioners of SSA
- A treating doctor helps us to understand the impairments & limitations.
- A doctor stating you are "disabled" or "cannot work" is not always helpful
- Initial & Recon Decisions - made by state vocational/disability determination services. They are authorized by the commissioners of SSA. Hearing - ALJ Claimant is in charge of proving to SSA he/she is blind/disabled.
- SSA responsibility is development (10/20 days for records to come in) 1 FU request - then they have 10 days.
- SSA will request CEs if needed - Correct Answer ✅Who is responsible for evidence? 404.1512 406. Categories of Evidence 404.1502 404.1513 416.902 416.913 - Correct Answer ✅1. Objective Medical Evidence
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- Acceptable Medical Source
- Other sources Objective Medical Evidence - Correct Answer ✅Medical signs that can be observed through acceptable clinical diagnostics techniques, lab findings or both. example: evidence of reduced joint motion, muscle spasm, sensory deficit or motor disruption.
- Diagnostic techniques include chemical tests (such as blood tests), electrophysiological studies (such as electrocardiograms and electroencephalograms), medical imaging (such as X-rays), and psychological tests. Acceptable Medical Evidence - Correct Answer ✅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
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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 - Correct Answer ✅Appendix 1 Subpart P
- ALWAYS pay attention to the and/or in listings.
- Part A - Criteria that applies to individuals 18 or older
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- Part B - Criteria that applies to individuals under 18 Each section includes introductions and specific listings Gainful Work Activity - Correct Answer ✅Work activity that you do for pay or profit Past Relevant Work (PRW) 404.1565 - Correct Answer ✅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 404.1569 - Correct Answer ✅Conditions that limit an individual's ability to meet the strength demands of a job.
- standing, walking, sitting, lifting, carrying, pushing and pulling Non-Exertional Limitations 404.1569 - Correct Answer ✅Restrictions that affect an individual's ability to meet the demands of jobs other than strength.
- ex. Difficulty functioning due to anxious/nervousness/depression
