EDPNA FINAL EXAM ACTUAL QUESTIONS AND ANSWERS
RATED A+
✔✔Common Law Marriage 404.726 - ✔✔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 - ✔✔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 - ✔✔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) - ✔✔-- 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) - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔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
RATED A+
✔✔Common Law Marriage 404.726 - ✔✔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 - ✔✔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 - ✔✔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) - ✔✔-- 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) - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔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
