SOLVED QUESTIONS WITH DETAILED
SOLUTIONS ACCURATE REVIEW GRADED
A+
⩥ Self employed individuals are engaging in SGA when.
Answer: they perform significant services in a business, work
comparable to unimpaired individuals, and or work which is worth the
prescribed monthly SGA amount
⩥ CFR's regarding the Sequential Evaluation Process.
Answer: 20 CFR 404.1520(a) and 416.920 (a). If it is determined that
that a claimant is not disabled at any step, the analysis stops.
⩥ Step 2 of the Sequential Evaluation Process.
Answer: Does the claimant have a medical determinable impairment and
if so, is it severe (it significantly limits one or more basic work activities
required to do most jobs). Work activities include standing, walking,
lifting, seeing, pulling, pushing, reaching, carrying, handling, and
speaking. Can also include mental functions such as understanding,
carrying out or remembering simple instructions, using judgement,
responding appropriately to c-workers and supervisors, dealing with
changes in a routine work setting
,⩥ Step 3 of the Sequential Evaluation Process.
Answer: Does the claimant have an impairment that meets or medically
equals a listing in Listing of Impairments? Found in Title 20, Chp. 3,
Appendix 1, Subpart P of Part 404. Must meet the duration requirement
(has lasted or is expected to last for a continuous period of not less than
1 year). The listings describe medically determinable impairments and
associated findings that are severe enough to prevent an adult from
doing any gainful activity, regardless of his or her age, education and
work experience. If the claimant does have at least 1 severe impairment
that does not meet or equal a listing, the ALJ must assess the claimant's
RFC which is the most the claimant can do on a regular and continuing
basis despite his or her impairment(s), even those impairments that are
not severe.
⩥ SSR 18-3P, CFR 416.930.
Answer: Failure to Follow Prescribed Treatment- Claimant's must follow
prescribed treatment from their own medical source if it is expected to
restore one's ability to work, 9 exceptions
⩥ Step 4 of the Sequential Evaluation Process.
Answer: Can the claimant do past relevant work, either as the claimant
actually performed it or as the work is generally performed in the
national economy, last 15 years, only includes jobs that lasted long
enough for the claimant to learn to do them, If work was perfomed in
another country, the issue will only be how the claimant actually
performed; not how it usually performed in another country, PRW does
not have to exist in significant numbers
, ⩥ Step 5 of the Sequential Evaluation Process.
Answer: Can the claimant do other work? The work must exist in
significant numbers in the national economy. The RFC, claimant's age,
education, and past-relevant work experience will be considered at this
step, ALJ must refer to the Medical-Vocational Guidelines in Appendix 2
of Subpart P of Part 404 of the regulations; has 3 tables, If the claimant's
characteristics do not match a grid rule, the rules in Appendix 2 should
be used as a framework in decision making, VE's may testify regarding
⩥ assessing RFC.
Answer: SSR 96-8p and 404.1545
⩥ Ruling for considering evidence other that just medical.
Answer: SSR 16-3P- will consider statements from the individual,
medical sources, and any other sources that have information about an
individual's symptoms, law of The Eleventh Circuit states that
testimonial evidence must be considered
⩥ Listing of Impairments.
Answer: Title 20, Chp. 3, Appendix 1 of Subpart P of Section 404. Part
A is for Adults and some children under 18 as criteria is appropriate-
Numbers 1-14, Part B has the the listings for children- 100-114
⩥ General definition of disability under Title I and Title XVI.