EDPNA (Eligible for Direct Payment
NonAttorney) Representative Exams
contains the latest exam solutions,
practice test, knowledge check and
updated study guide
1. Which statement best describes the term "severe" impairment? Correct
✔✔ANSW✔✔: c. An impairment or combination of impairments is
only severe if the impairment significantly impacts at least one basic
work activity.
Rationale: Under SSA regulations (20 CFR 404.1520(c)), an impairment is
considered "severe" when it significantly limits a claimant's physical or
mental ability to perform basic work activities. It does not require total
incapacitation but must be more than a minimal limitation. An impairment
that has no more than a minimal effect on the ability to perform basic work
activities is considered "non-severe" and will not proceed past step 2 of the
sequential evaluation process. Basic work activities include walking,
standing, sitting, lifting, pushing, pulling, understanding and carrying out
simple instructions, using judgment, responding appropriately to supervision
and co-workers, and dealing with changes in a routine work setting.
2. At a hearing, the ALJ asks the VE if he agrees with the limitations in a
consultative psychological examination report. Which statement is most
accurate?
Correct ✔✔ANSW✔✔: 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. Rationale:
Vocational experts are retained to provide vocational testimony—i.e., job
availability and workplace requirements—not medical opinions. When an
ALJ asks a VE to agree or disagree with a physician's assessment of
functional limitations, the VE is effectively testifying as to the medical
validity of the report. This violates the principle that medical issues must be
determined based on medical evidence and expert medical opinion, not
vocational testimony. The proper role of the VE is to describe the exertional
and skill demands of jobs, not to opine on the accuracy of a medical report's
conclusions. Improper questioning of a VE can lead to reversible error if the
case is appealed.
3. Mark Baum received a dismissal order stating his hearing request was
not timely filed. He believes he had good cause. What should he do?
Correct ✔✔ANSW✔✔: b. file a request for Appeals Council review of
the Dismissal Order pursuant to 20 CFR 416.1467.
Rationale: A dismissal order—which closes a claim without a hearing on the
merits—is a final decision appealable to the Appeals Council under 20 CFR
416.1467. Unlike a denial of benefits, which is typically appealed by
requesting a hearing before an ALJ, a dismissal order arises from procedural
issues such as untimely filing or failure to appear. The claimant must file a
written request for Appeals Council review, explaining why the dismissal
was erroneous or why good cause existed for the late filing. The Appeals
Council may vacate the dismissal and remand the case for a hearing if good
cause is found. Missing the 60-day appeal deadline from the date of receipt
of the dismissal order will permanently close the claim.
4. An ALJ authorized a $2,000 fee for a representative. Six months later,
SSA erroneously paid an additional $2,000. One year later, SSA
requests a refund. What should the representative do?
, Correct ✔✔ANSW✔✔: c. Refund the $2,000 excess payment to SSA
within 30 days, as requested.
Rationale: Under 42 U.S.C. § 406 and SSA regulations, representatives may
only charge and collect fees authorized by SSA. Any overpayment made by
SSA—even if due to SSA's error—must be refunded promptly. Retaining an
overpayment constitutes an unauthorized fee and violates ethical obligations
under 20 CFR 404.1740 and 416.1540, which require representatives to
adhere to SSA's rules and regulations. The fact that the overpayment
occurred one year prior does not change the representative's obligation to
refund; SSA may recover erroneous payments within a reasonable time.
Failure to refund could result in disciplinary action, including suspension or
disqualification from representing claimants before SSA. Additionally, the
representative must notify SSA of any excess fees received, as retaining
such funds would constitute a prohibited collection.
5. When a disabled individual receives SSDI benefits, their spouse and/or
minor children may also be eligible to receive benefits. What are these
benefits called?
Correct ✔✔ANSW✔✔: Auxiliary Benefits (payable to: Children under
18, Spouse, Divorced spouse if married 10 years, and Somebody under
age 62 who has custody of children)
Rationale: Auxiliary benefits are derivative benefits paid to the dependents
of a disabled worker receiving Title II Social Security Disability Insurance
(SSDI) benefits. Eligibility is based on the disabled worker's earnings record
and the dependent's relationship to the worker. A spouse must generally be
at least 62 years old unless caring for a child under age 16 or a disabled
child. A divorced spouse may be eligible if the marriage lasted at least 10
years and they are not currently married. Children may receive benefits until
age 18 (or 19 if still in secondary school) or indefinitely if they became
disabled before age 22 (Disabled Adult Child benefits). Auxiliary benefits
, are separate from the worker's own benefit and do not reduce the worker's
payment amount. These benefits are not payable under SSI (Title XVI),
which is a needs-based program for aged, blind, or disabled individuals with
limited income and resources.
6. What are the five types of "basic work activities" recognized by SSA?
Correct ✔✔ANSW✔✔: 1) Exertional activities; 2) Nonexertional
activities; 3) Postural activities; 4) Manipulative activities; 5) Mental
activities
Rationale: SSA defines basic work activities as the abilities and aptitudes
necessary to perform most jobs. Under 20 CFR 404.1522(b) and 416.922(b),
these include: (1) Exertional—walking, standing, sitting, lifting, pushing,
pulling, carrying; (2) Nonexertional—seeing, hearing, speaking; (3)
Postural—climbing, balancing, stooping, kneeling, crouching, crawling; (4)
Manipulative—reaching, handling, fingering, feeling; and (5) Mental—
understanding, remembering, and carrying out instructions; using judgment;
responding appropriately to supervision, co-workers, and work situations;
and dealing with changes in routine work settings. A claimant who is
significantly limited in any of these areas due to a medically determinable
impairment may be found disabled if the limitation prevents them from
performing substantial gainful activity. At step 2 of the sequential
evaluation, the adjudicator determines whether the claimant has a severe
impairment by assessing whether it significantly limits the ability to perform
these basic work activities. An impairment that imposes only a minimal
limitation on these activities is considered non-severe and will not proceed
further in the disability determination process.
7. How does SSA define "occasionally" in the context of work activities?
Correct ✔✔ANSW✔✔: Occurring from very little up to 1/3 of the time,
generally totaling no more than about 2 hours within an 8-hour
workday
NonAttorney) Representative Exams
contains the latest exam solutions,
practice test, knowledge check and
updated study guide
1. Which statement best describes the term "severe" impairment? Correct
✔✔ANSW✔✔: c. An impairment or combination of impairments is
only severe if the impairment significantly impacts at least one basic
work activity.
Rationale: Under SSA regulations (20 CFR 404.1520(c)), an impairment is
considered "severe" when it significantly limits a claimant's physical or
mental ability to perform basic work activities. It does not require total
incapacitation but must be more than a minimal limitation. An impairment
that has no more than a minimal effect on the ability to perform basic work
activities is considered "non-severe" and will not proceed past step 2 of the
sequential evaluation process. Basic work activities include walking,
standing, sitting, lifting, pushing, pulling, understanding and carrying out
simple instructions, using judgment, responding appropriately to supervision
and co-workers, and dealing with changes in a routine work setting.
2. At a hearing, the ALJ asks the VE if he agrees with the limitations in a
consultative psychological examination report. Which statement is most
accurate?
Correct ✔✔ANSW✔✔: 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. Rationale:
Vocational experts are retained to provide vocational testimony—i.e., job
availability and workplace requirements—not medical opinions. When an
ALJ asks a VE to agree or disagree with a physician's assessment of
functional limitations, the VE is effectively testifying as to the medical
validity of the report. This violates the principle that medical issues must be
determined based on medical evidence and expert medical opinion, not
vocational testimony. The proper role of the VE is to describe the exertional
and skill demands of jobs, not to opine on the accuracy of a medical report's
conclusions. Improper questioning of a VE can lead to reversible error if the
case is appealed.
3. Mark Baum received a dismissal order stating his hearing request was
not timely filed. He believes he had good cause. What should he do?
Correct ✔✔ANSW✔✔: b. file a request for Appeals Council review of
the Dismissal Order pursuant to 20 CFR 416.1467.
Rationale: A dismissal order—which closes a claim without a hearing on the
merits—is a final decision appealable to the Appeals Council under 20 CFR
416.1467. Unlike a denial of benefits, which is typically appealed by
requesting a hearing before an ALJ, a dismissal order arises from procedural
issues such as untimely filing or failure to appear. The claimant must file a
written request for Appeals Council review, explaining why the dismissal
was erroneous or why good cause existed for the late filing. The Appeals
Council may vacate the dismissal and remand the case for a hearing if good
cause is found. Missing the 60-day appeal deadline from the date of receipt
of the dismissal order will permanently close the claim.
4. An ALJ authorized a $2,000 fee for a representative. Six months later,
SSA erroneously paid an additional $2,000. One year later, SSA
requests a refund. What should the representative do?
, Correct ✔✔ANSW✔✔: c. Refund the $2,000 excess payment to SSA
within 30 days, as requested.
Rationale: Under 42 U.S.C. § 406 and SSA regulations, representatives may
only charge and collect fees authorized by SSA. Any overpayment made by
SSA—even if due to SSA's error—must be refunded promptly. Retaining an
overpayment constitutes an unauthorized fee and violates ethical obligations
under 20 CFR 404.1740 and 416.1540, which require representatives to
adhere to SSA's rules and regulations. The fact that the overpayment
occurred one year prior does not change the representative's obligation to
refund; SSA may recover erroneous payments within a reasonable time.
Failure to refund could result in disciplinary action, including suspension or
disqualification from representing claimants before SSA. Additionally, the
representative must notify SSA of any excess fees received, as retaining
such funds would constitute a prohibited collection.
5. When a disabled individual receives SSDI benefits, their spouse and/or
minor children may also be eligible to receive benefits. What are these
benefits called?
Correct ✔✔ANSW✔✔: Auxiliary Benefits (payable to: Children under
18, Spouse, Divorced spouse if married 10 years, and Somebody under
age 62 who has custody of children)
Rationale: Auxiliary benefits are derivative benefits paid to the dependents
of a disabled worker receiving Title II Social Security Disability Insurance
(SSDI) benefits. Eligibility is based on the disabled worker's earnings record
and the dependent's relationship to the worker. A spouse must generally be
at least 62 years old unless caring for a child under age 16 or a disabled
child. A divorced spouse may be eligible if the marriage lasted at least 10
years and they are not currently married. Children may receive benefits until
age 18 (or 19 if still in secondary school) or indefinitely if they became
disabled before age 22 (Disabled Adult Child benefits). Auxiliary benefits
, are separate from the worker's own benefit and do not reduce the worker's
payment amount. These benefits are not payable under SSI (Title XVI),
which is a needs-based program for aged, blind, or disabled individuals with
limited income and resources.
6. What are the five types of "basic work activities" recognized by SSA?
Correct ✔✔ANSW✔✔: 1) Exertional activities; 2) Nonexertional
activities; 3) Postural activities; 4) Manipulative activities; 5) Mental
activities
Rationale: SSA defines basic work activities as the abilities and aptitudes
necessary to perform most jobs. Under 20 CFR 404.1522(b) and 416.922(b),
these include: (1) Exertional—walking, standing, sitting, lifting, pushing,
pulling, carrying; (2) Nonexertional—seeing, hearing, speaking; (3)
Postural—climbing, balancing, stooping, kneeling, crouching, crawling; (4)
Manipulative—reaching, handling, fingering, feeling; and (5) Mental—
understanding, remembering, and carrying out instructions; using judgment;
responding appropriately to supervision, co-workers, and work situations;
and dealing with changes in routine work settings. A claimant who is
significantly limited in any of these areas due to a medically determinable
impairment may be found disabled if the limitation prevents them from
performing substantial gainful activity. At step 2 of the sequential
evaluation, the adjudicator determines whether the claimant has a severe
impairment by assessing whether it significantly limits the ability to perform
these basic work activities. An impairment that imposes only a minimal
limitation on these activities is considered non-severe and will not proceed
further in the disability determination process.
7. How does SSA define "occasionally" in the context of work activities?
Correct ✔✔ANSW✔✔: Occurring from very little up to 1/3 of the time,
generally totaling no more than about 2 hours within an 8-hour
workday
