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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:
- Children under 18
- Spouse
- Divorced spouse (if married 10 years)
- Somebody under age 62 who has custody of children
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.
- You have to have a min of 6 credits and max of 40.
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
- 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
- Medical (3 years)
- Work ( Trial Work Period)
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
- the 9 months does NOT have to be consecutive
- If they make under $900/m, this month does not count
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
- First $20 is always taken off
- Self Employment - take net earnings yearly and divide by 12.
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:
- Ineligible Spouse
- Ineligible Parent (for Child case)
- Sponsor of an Alien (for up to 3 years after entrance into US)
- Essential Person
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.
- This is on both a denial or allowance
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
- 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 - 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.
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.
- 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 - 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
- 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 416.923 - ANSWER 1. 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 416.903 - 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.
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.
- reflects the nature or severity of impairment & establishment of RFC.
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.
- 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 - ANSWER 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 - 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.
- TIP: not all past work is relevant work
Exertional Limitations 404.1569 - 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 - 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
- Diff. maintaining attention/concentration
- Diff seeing/hearing
- Diff understanding/remembering
- Issues tolerating dust/fumes
- Issues reaching stooping/climbing/crawling/crouching/handling
***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.
- All impairments, even if not considered severe
- Physical RFC - Sitting, standing, walking, lifting, pushing, pulling
Mental RFC - Understanding, remembering, carrying out instructions, responding appropriately to co- workers
- Other Impairments - Skin Conditions, epilepsy, vision, & hearing.
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.
- 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 404.1562 - 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.
- A person does not gain work skills by doing unskilled jobs.
Semi-Skilled Work - ANSWER work which needs some skills but does not require doing the more complex work duties.
- may require alertness and close attention to watching machine processes; or inspecting, testing or otherwise looking for irregularities; or tending or guarding equipment, property, materials, or persons
against loss, damage or injury; or other types of activities which are similarly less complex than skilled work, but more complex than unskilled work.
- where coordination and dexterity are necessary, as when hands or feet must be moved quickly to do repetitive tasks
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.
- 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 - 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.
