[QUESTIONS AND ANSWERS] WITH PRACTICE EXAM
DETAILED AND VERIFIED FOR GUARANTEED PASS-
LATEST UPDATE 2025 GRADED A
Mark Baum arrives at your office with a dismissal order dated three weeks ago.
The order states that his request for a hearing on his Supplemental Security
Income claim was not timely filed and the claimant's reasons for missing the
deadline did not constitute good cause for late filing. He believes he did have
good cause and asks you what he should do next.
You would advise Mr. Baum to - CORRECT ANSWER b. file a request for
Appeals Council review of the Dismissal Order pursuant to 20 CFR 416.1467.
Ethics:
An ALJ authorizes a representative to charge and collect $2,000 for his
representational services for a claim for disability insurance benefits. SSA
directly pays the representative $2,000. Six months later, SSA erroneously paid
the representative an additional $2,000 based upon the same claim. One year
after issuing the erroneous payment, SSA sends a letter to the representative
informing him of the excess fee payment and requesting a refund within 30 days.
What should the representative do? - CORRECT ANSWER c. Refund the
$2,000 excess payment to SSA within 30 days, as requested.
Auxiliary Benefits - CORRECT ANSWER When a disabled individual
receives Social Security disability insurance benefits, their spouse and/or minor
children may also be eligible to receive Social Security benefits. These benefits
paid to the spouse or minor child are called
can be paid to:
1. Children under 18
2. Spouse
3. Divorced spouse (if married 10 years)
4. Somebody under age 62 who has custody of children
Quarters of Coverage (QC) - CORRECT ANSWER Refers to each 3-month
period of employment during which an employee contributes to the retirement
income program under the Social Security Act of 1935.
- You have to have a min of 6 credits and max of 40.
Appeal deadline - CORRECT ANSWER 60 days + 5 mailing days
,Medicare Eligibility - CORRECT ANSWER Disabled - 24 months (29
months total from onset)
Disabled Adult Children Benefits (DAC) 404.350 - CORRECT ANSWER You
have to be found disabled before age 22 and IF
1. a parent is deceased
2. Parent is on SS Retirement
3. Parent is on SSDI benefits
Must Be:
- Unmarried
- 18 or older
- Have a disability that started before age 22
- Cannot have substantial earnings to be insured for T2 on their own record
Disabled Widow(er) Benefits (DWB or DIWW) 404.335 - CORRECT ANSWER
The disability benefits are available to disabled widows and widowers of insured
workers, with benefits first payable to the widow(er) at an age between age 50 and
60.
- Disability began w/in 7 years after the spouses death
- Deceased spouse must have been on T2 benefits or had T2 insured status
before death
Substitution of Party POMS 23510.035 - CORRECT ANSWER **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 - CORRECT ANSWER 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 - CORRECT ANSWER
Reviews post receiving SSDI benefits
Two Types:
1. Medical (3 years)
2. Work ( Trial Work Period)
Trial Work Period (TWP) 404.1592 - CORRECT ANSWER 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 - CORRECT ANSWER Non-cash payments received in
exchange for services rendered or in lieu of a cash contribution
Earned Income 416.1111 - CORRECT ANSWER 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 - CORRECT ANSWER 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 - CORRECT ANSWER 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 - CORRECT ANSWER 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 - CORRECT ANSWER 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) - CORRECT 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
Res Judicata 404.957 416.1457 - CORRECT 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 - CORRECT 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 - CORRECT 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 - CORRECT 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)