EDPNA Exam Questions With 100% VERIFIED SOLUTIONS

EDPNA Exam Questions With 100% VERIFIED SOLUTIONS 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 $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 Common Law Marriage 404.726 - 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 - ANSWER Have to complete "the Three Tests" 1. 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) 2. 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. 3. 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 - 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. Impairment-Related Work Expenses (IRWE) - ANSWER -- In determining SGA, the cost of certain impairment-related items and services that are related to work are deducted from the individual's earnings -- To qualify, the item or service must be necessary for the person to work, be related to the disability, be paid for by the person, and be paid by the person in a month during which they worked. **if a person is close to income/asset limit, this can help qualify them. 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 - Good causes include: 1. New material evidence is furnished 2. Clerical error in the computation (errors in math/computer) or re-computation of benefits was made. 3. 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. 2. 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. 3. 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.