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Practice questions and answers for the social security administration direct payment to non-attorney representatives examination. it covers various topics including impairment definitions, vocational expert testimony, appeals processes, ethics, auxiliary benefits, quarters of coverage, and more. the questions are multiple-choice and designed to help prepare individuals for the actual exam.
Typology: Exams
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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? - 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? - ANSWER 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.
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 - 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? - ANSWER c. Refund the $2,000 excess payment to SSA within 30 days, as requested.
Auxiliary Benefits - ANSWER 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
can be paid to:
Quarters of Coverage (QC) - ANSWER Refers to each 3-month period of employment during which an employee contributes to the retirement income program under the Social Security Act of 1935.
Appeal deadline - ANSWER 60 days + 5 mailing days
Medicare Eligibility - ANSWER Disabled - 24 months (29 months total from onset)
Disabled Adult Children Benefits (DAC) 404.350 - ANSWER You have to be found disabled before age 22 and IF
Must Be:
Trial Work Period (TWP) 404.1592 - ANSWER 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
In-Kind Income - ANSWER Non-cash payments received in exchange for services rendered or in lieu of a cash contribution
Earned Income 416.1111 - ANSWER Any income (wages/salary) that is generated by working
Unearned Income 416.1121 416.1124 - 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 - 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.
Presumed Maximum Value (PMV) 416.1140 - 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 - 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:
SSI only
Resources 416 Subpart L (SSI only) - ANSWER 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 404.957 416.1457 - ANSWER "Matter already Judged." A claim cannot be retried between the same parties if it has already been legally resolved.
Collateral Estoppel 404.950 416.1450 - ANSWER "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.
Plan to Achieve Self Support (PASS) - ANSWER offered by the Social Security Administration to help people save money for education, training, &/or any other activity that will help them further their career goals.
It is an SSI provision to help individuals with disabilities return to work.
Good Cause for Reopening 404.988 416.1488 - ANSWER Within 12 months of the date of the initial determination
Within 4 years with a good cause
Disability - 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.
Residual Functional Capacity Assessment (RFC) 404.1506 - 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 - ANSWER Your impairment(s) must result from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques.
Non-Severe Impairment 404.1522 416.922 - ANSWER If your impairment does not significantly limit your ability either physically or mentally to do basic activities.
examples:
Multiple Impairments 404.1523 416.923 - ANSWER 1. Unrelated Severe Impairments: We cannot combine two or more unrelated severe impairments to meet the 12-month duration test.
Who makes disability determinations? 404.1503 416.903 - ANSWER Reserved commissioners of SSA
Opinion Evidence - ANSWER 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.
Sequential Evaluation Process 404.1520 - ANSWER 1. 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.
Listings of Impairments - ANSWER Appendix 1 Subpart P
Each section includes introductions and specific listings
Gainful Work Activity - ANSWER Work activity that you do for pay or profit
Past Relevant Work (PRW) 404.1565 - 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.
Exertional Limitations 404.1569 - ANSWER Conditions that limit an individual's ability to meet the strength demands of a job.
Non-Exertional Limitations 404.1569 - ANSWER Restrictions that affect an individual's ability to meet the demands of jobs other than strength.
***If a claimant only has non-exertional impairments, the GRID rules do not direct factual conclusions of disabled /not disabled as they do w/ exertional impairments
Residual Functional Capacity (RFC) 404.1545 - ANSWER What a claimant can do in spite of any physical or mental limitation.
Mental RFC - Understanding, remembering, carrying out instructions, responding appropriately to co- workers
Who determines RFC? Initial & Recon - State Agency Disability Hearing - ALJ
Education 404.1564 - ANSWER 1. 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.
Arduous Unskilled Physical Laborer 404.1562 - ANSWER 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 labor, and you are not working and are no longer able to do this kind of work because of a severe impairment(s), we will consider you unable to do lighter work, and therefore, disabled.
Specific Vocational Preparation (SVP) 404.1568 - ANSWER the length of time it will take to teach a person the skills he or she will need to perform a particular job
Unskilled Work - ANSWER Work which needs little to no judgment to do simple duties that can be learned on the job in a short period of time. The job may or may not require considerable strength.
-the primary work duties are handling, feeding and off bearing (that is, placing or removing materials from machines which are automatic or operated by others), or machine tending, and a person can usually learn to do the job in 30 days, and little specific vocational preparation and judgment are needed.
Semi-Skilled Work - ANSWER work which needs some skills but does not require doing the more complex work duties.
against loss, damage or injury; or other types of activities which are similarly less complex than skilled work, but more complex than unskilled work.
Skilled Work - ANSWER 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.
Transferability - ANSWER 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.