EDPNA STUDY SHEET 2026 UPDATED
QUESTIONS AND SOLUTIONS
◉ Income Deeming.
Answer: Citation: 416.1160
Income deeming is the process of considering another person's
income and/or resources to be available for meeting the basic needs
of a disabled SSI claimant or recipient. Deemed income is a major
class of income where the actual disabled individual is not receiving
the income, but another person's income is deemed to be used for
the individual's benefit. To understand deeming, you must first
understand the term "ineligible individual" which is a person who is
ineligible for SSI benefits due to income and/or resources.
Deeming relationship include:
• Parent-to-Child Deeming:
Parent-to-child deeming only applies to deeming of income and
resources from ineligible parent(s) to an SSI eligible child under the
age of 18. Once the child reaches age 18, deeming of income and
resources from the parent(s) no longer applies. Generally, for
parent-to-child deeming to apply, the child needs to be living with
the parent(s). However, there are certain instances when a child who
lives away from the parental home is still subject to parent to-child
deeming. A common example of this would be when a child under
age 18 is away at school, but is still under parental control. There are
also several very limited situations in which SSA may waive deeming
of parental income and/or resources.
,• Spouse-to-Spouse Deeming:
Spouse-to-spouse deeming only applies when an SSI eligible
individual is married to an ineligible spouse. If both members of a
married couple are SSI eligible, another set of rules will apply.
Generally, spouse-to-spouse deeming applies only when the two
spouses live together in the same household, but there are some
exceptions. In addition, there are certain circumstances under which
SSA may treat individuals who are not legally married as a married
couple for the purposes of deeming.
• Sponsor-to-Alien Deemi
◉ Resources.
Answer: Citation: 416.1201 (Subpart L - Resources & Exclusions)
Part 2 of benefit eligibility
Resources are things you own such as:
• cash;
• bank accounts, stocks, U.S. savings bonds;
• land;
• life insurance;
• personal property;
• vehicles;
• anything else you own which could be changed to cash and used
for food or shelter; and
• deemed resources.
,The following things generally do not count toward the resource
limit, no matter how much they are worth:
• the house you live in;
• one vehicle, if it is used for transportation for the claimant or a
member of the claimant's household (in practice, the most expensive
vehicle in your name);
• life insurance policies the claimant owns with a face value of
$1,500 or less per person;
• burial plots or spaces for the claimant or the claimant's immediate
family;
• a burial fund of up to $1,500 each for the claimant and the
claimant's spouse's burial expenses;
• household goods and personal effects;
• property the claimant or the claimant's spouse uses in a trade or
business, or on their job if they work for someone else; and
• if the claimant is disabled or blind, money or property set aside
under a Plan to Achieve Self-Support (PASS).
◉ Resources.
Answer: Citation: 416.1201 (Subpart L - Resources & Exclusions)
divided into two categories:
• Liquid resources can be converted into cash within 20 days. The 20
days excludes certain non-workdays as described in 20 CFR
416.120(d);
, • Non-liquid assets cannot be turned into cash within 20 days (ex.
Loan agreements, vehicles, machinery, livestock, buildings, and land
that the claimant does not live on). Non-liquid resources are
evaluated according to their equity value except as otherwise
provided. 20 CFR 416.1218
Remember: Income is anything that comes in during the month that
you can use to
provide food or shelter. Resources anything that you already had
before a month began
that you can use to provide food and shelter.
◉ Fee Approval.
Answer: Citation: 404.1720, 404.1730**
A representative may not charge a fee for any work performed on
behalf of a claimant for Social Security benefits unless the fee is
specifically approved by the SSA.**
◉ Fee Agreement.
Answer: Citation: 404.1720, 404.1730
Fees are limited to 25% of past-due benefits limited to a regulatory
cap (not to exceed $7200 as of November 30, 2022). Past-due
benefits has very specific definitions which are a little different for
Title 2 and for Title XVI claims
◉ Fee Petition.
QUESTIONS AND SOLUTIONS
◉ Income Deeming.
Answer: Citation: 416.1160
Income deeming is the process of considering another person's
income and/or resources to be available for meeting the basic needs
of a disabled SSI claimant or recipient. Deemed income is a major
class of income where the actual disabled individual is not receiving
the income, but another person's income is deemed to be used for
the individual's benefit. To understand deeming, you must first
understand the term "ineligible individual" which is a person who is
ineligible for SSI benefits due to income and/or resources.
Deeming relationship include:
• Parent-to-Child Deeming:
Parent-to-child deeming only applies to deeming of income and
resources from ineligible parent(s) to an SSI eligible child under the
age of 18. Once the child reaches age 18, deeming of income and
resources from the parent(s) no longer applies. Generally, for
parent-to-child deeming to apply, the child needs to be living with
the parent(s). However, there are certain instances when a child who
lives away from the parental home is still subject to parent to-child
deeming. A common example of this would be when a child under
age 18 is away at school, but is still under parental control. There are
also several very limited situations in which SSA may waive deeming
of parental income and/or resources.
,• Spouse-to-Spouse Deeming:
Spouse-to-spouse deeming only applies when an SSI eligible
individual is married to an ineligible spouse. If both members of a
married couple are SSI eligible, another set of rules will apply.
Generally, spouse-to-spouse deeming applies only when the two
spouses live together in the same household, but there are some
exceptions. In addition, there are certain circumstances under which
SSA may treat individuals who are not legally married as a married
couple for the purposes of deeming.
• Sponsor-to-Alien Deemi
◉ Resources.
Answer: Citation: 416.1201 (Subpart L - Resources & Exclusions)
Part 2 of benefit eligibility
Resources are things you own such as:
• cash;
• bank accounts, stocks, U.S. savings bonds;
• land;
• life insurance;
• personal property;
• vehicles;
• anything else you own which could be changed to cash and used
for food or shelter; and
• deemed resources.
,The following things generally do not count toward the resource
limit, no matter how much they are worth:
• the house you live in;
• one vehicle, if it is used for transportation for the claimant or a
member of the claimant's household (in practice, the most expensive
vehicle in your name);
• life insurance policies the claimant owns with a face value of
$1,500 or less per person;
• burial plots or spaces for the claimant or the claimant's immediate
family;
• a burial fund of up to $1,500 each for the claimant and the
claimant's spouse's burial expenses;
• household goods and personal effects;
• property the claimant or the claimant's spouse uses in a trade or
business, or on their job if they work for someone else; and
• if the claimant is disabled or blind, money or property set aside
under a Plan to Achieve Self-Support (PASS).
◉ Resources.
Answer: Citation: 416.1201 (Subpart L - Resources & Exclusions)
divided into two categories:
• Liquid resources can be converted into cash within 20 days. The 20
days excludes certain non-workdays as described in 20 CFR
416.120(d);
, • Non-liquid assets cannot be turned into cash within 20 days (ex.
Loan agreements, vehicles, machinery, livestock, buildings, and land
that the claimant does not live on). Non-liquid resources are
evaluated according to their equity value except as otherwise
provided. 20 CFR 416.1218
Remember: Income is anything that comes in during the month that
you can use to
provide food or shelter. Resources anything that you already had
before a month began
that you can use to provide food and shelter.
◉ Fee Approval.
Answer: Citation: 404.1720, 404.1730**
A representative may not charge a fee for any work performed on
behalf of a claimant for Social Security benefits unless the fee is
specifically approved by the SSA.**
◉ Fee Agreement.
Answer: Citation: 404.1720, 404.1730
Fees are limited to 25% of past-due benefits limited to a regulatory
cap (not to exceed $7200 as of November 30, 2022). Past-due
benefits has very specific definitions which are a little different for
Title 2 and for Title XVI claims
◉ Fee Petition.
