ANSWERS RATED A+
✔✔Substitution of Party POMS 23510.035 - ✔✔**Rule is NOT in CFR (hallex 1-2-1-50)
SSA - 539 Form
T16 - limited to surviving spouse who was living w/ claimant within the past 6 months or
parent/parents of disabled or blind child.
Order of Sub for T2:
1. Surviving Spoise
2. Children entitled to monthly benefits
3. Parents of claimant who are entitled
4. Surviving Spouse (not living w/ claimant)
5. Children of claimant
6. Parents of claimant
7. Legal rep of estate
✔✔Special Insured Status 404.130 - ✔✔Disabled before age 31.
1. Must be fully insured
2. You have QCs in at least one-half of the quarters during the period ending with that
quarter and beginning with the quarter after the quarter you became age 21; however -
(i) If the number of quarters during this period is an odd number, we reduce the number
by one; and
(ii) If the period has less than 12 quarters, you must have at least 6 QCs in the 12-
quarter period ending with that quarter.
✔✔Continuing Disability Reviews 404.1589 416.989 - ✔✔Reviews post receiving SSDI
benefits
Two Types:
1. Medical (3 years)
2. Work ( Trial Work Period)
✔✔Trial Work Period (TWP) 404.1592 - ✔✔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 - ✔✔Non-cash payments received in exchange for services
rendered or in lieu of a cash contribution
✔✔Earned Income 416.1111 - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔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:
1. Ineligible Spouse
2. Ineligible Parent (for Child case)
3. Sponsor of an Alien (for up to 3 years after entrance into US)
4. Essential Person
SSI only
✔✔Resources 416 Subpart L (SSI only) - ✔✔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 - ✔✔"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 - ✔✔"Issue Already Decided"