QUESTIONS AND CORRECT SOLUTIONS
GRADED A+
⩥ Collateral Estoppel. Answer: Citations 404.950(f) and 416.1450(f)
"issue already decided"
when a subsequent claim is filed alleging the same issues as a previous
claim that was decided under a different program. Unlike Res Judicata,
the concept of Collateral Estoppel can be the basis of an allowance or
denial.
Receiving SSI and also filing for DAC
⩥ Common Law Marriage. Answer: Citation: 404.726
SSA does recognize common-law marriage if the state (note - there are
only a few states that still recognize it) where the couple lived does, but
needs the following "preferred evidence" as proof:
1. If both spouses are alive, their signed statements and those of two
blood relatives;
2. If either spouse is dead, the signed statement of the one who is alive
and those of two blood relatives of the deceased person; or
3. If both the spouses are dead, the signed statements of one blood
relative of each;
in addition:
• A deed listing both spouses
,• Any legal document showing one spouse has assumed the married
surname
• Employment records listing the common-law spouse as a immediate
family member
• Insurance policies naming the other party as a beneficiary
• Bank statements showing joint ownership of an account
⩥ Unsuccessful Work Attempt (UWA). Answer: Citation 404.1574c
An effort to do work in employment or self-employment that
discontinues or reduces to the non-Substantial Gainful Activity (SGA)
level after a short time (no more than 6 months) because of the
impairment or the removal of special conditions related to the
impairment that are essential to the further performance of work.
⩥ Income Exclusions. Answer: 416.1112
Certain earned or unearned income situations include Impairment
Related Work Expenses (IRWE) and earnings under a Plan to Achieve
Self Support (PASS)
⩥ Impairment-Related Work Expenses (IRWE). Answer: Income
Exclusion: items and services needed or used to enable the claimant to
work such as attendant care expenses; medical devices such as
wheelchairs, canes, crutches; pacemakers; residential modifications;
necessary medications; medical services; special transportation needs. It
does not matter if the claimant also uses these items and services for
non-work activities.
,IRWE will be deducted for SGA purposes when:
• The item(s) or service(s) enables the claimant to work;
• The claimant needs the item(s) or service(s) because of a physical or
mental impairment;
• The claimant pays for the item(s) or service(s) and are not reimbursed
by another source such as Medicare, Medicaid, or a private insurance
carrier; and
• The cost is "reasonable", that is, it represents the standard charge for
the item or service in the claimant's community.
⩥ Plan to Achieve Self Support (PASS). Answer: Allows claimants to set
aside income and/or resources for a specified period of time so that they
can pursue a work goal that will reduce or eliminate the SSI or Social
Security Disability Insurance benefits they are currently receiving.
Income and resources set aside under PASS are not counted as income or
resources for SSI eligibility. The criteria for PASS are very specific and
experts are available to help claimants with setting up a pass account.
Can include supplies to start a business, school expenses, equipment and
tools, transportation, uniforms and other items or services you need to
reach your employment goal.
⩥ SVP 1-2. Answer: unskilled work
⩥ SVP 3-4. Answer: Semi-Skilled Work
, ⩥ SVP 5-10. Answer: Skilled work
⩥ non-transferable skills. Answer: unskilled worker SVP 1-2
⩥ Ocassional. Answer: At least once and up to 1/3 of an 8 hr workday or
2.67 hours or less in an 8 hr workday
⩥ Frequently. Answer: 1/3 to 2/3 of an 8 hr day or 2.67 to 5.33 hr of a
workday
⩥ Constantly. Answer: 2/3 or more of an 8hr work day or 5.33 or more
hours of a workday
⩥ illiteracy. Answer: 404.1564
The inability to read or write. We consider someone illiterate if the
person cannot read or write a simple message such as instructions or
inventory lists even though the person can sign his or her name.
Generally, an illiterate person has had little or no formal schooling.
⩥ Marginal. Answer: 404.1564
Ability in reasoning, arithmetic, and language skills which are needed to
do simple, unskilled types of jobs. We generally consider that formal
schooling at a 6th grade level or less is a marginal education.