CURRENT EXAM ACTUAL COMPLETE QUESTIONS
AND CORRECT ANSWERS (VERIFIED ANSWERS)
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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"
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
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.