CURRENT EXAM ACTUAL COMPLETE QUESTIONS
AND CORRECT ANSWERS (VERIFIED ANSWERS)
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Disabled Adult Child (DAC) (SSDI Only)
An adult who was disabled before age 22 may be eligible for child's
benefits if a parent is deceased, or receiving Social Security
retirement, or receiving Social Security disability benefits. SSA
considers this Disabled Adult Child claim a "child's" benefit because
it is paid on the parent's earnings record. To meet requirements, the
adult child -- including an adopted child, or, in some cases, a
stepchild, grandchild, or step grandchild - must
1. be unmarried;
2. be age 18 or older;
3. have a disability that started before age 22;
4. meet the SSA definition of disability for adults, and
5. not have substantial earnings to be insured for Title 2 on their own
record.
,Disabled Widow Benefits (DWB)
Citation: 404.335
A widow or widower may be eligible for Disabled Widow(er)'s
benefits if these requirements are met:
1. The widow(er) is between 50 and 60 years old;
2. The widow(er) meets the SSA definition of disability for adults;
3. The widow(er)'s disability began before or within seven years after
the spouse's death.
4. The deceased spouse must have been on Title 2 disability or had
Title 2 insured status at death.
Substitution Of Party (SSDI)
POMS DI 23510.035
Substitution of Party is limited to a surviving spouse who was living
with the decedent at the time of death or within six months
immediately preceding death, or to the parent or parents of a
disabled or blind child who was living with the parent or parents at
the time of death or within six months immediately preceding the
month of death. Title XVI may also be pursued on a deceased
claimant if Medicaid benefits had been paid on the claimant's
behalf.
,Substitution Of Party (SSI)
1. Surviving spouse living with claimant or entitled to benefits on the
claimant's account in the month of death;
2. Any child entitled to monthly benefits on the claimant's SSN for
the month in which the claimant died;
3. Parent(s) of the claimant entitled to monthly benefits on the
claimant's SSN for the month in which the claimant died;
4. Surviving spouse of the claimant;
5. Child(ren) of the claimant;
6. Parent(s) of the claimant;
7. Legal representative of the estate of the claimant.
Appeal Deadlines
Test Tip: 60 days +5 days for mailing= 65 days to appeal!
Levels of Appeal
The three levels of appeal relevant to non-attorney representatives
are:
· Reconsideration
· Administrative Hearing
· Appeals Council
Timely Appeals
Important to file because administrative finality.
A determination or decision becomes final and binding if it is not
appealed timely.
, Trial Work Period (SSDI Only)
Citation: 404.1592, (no equivalent in 416)
The worker does have a period of time during which they can work
without risk of losing their benefits.
The trial work period is 9 months and it can be 9 different months so
it doesn't have to be consecutive. A beneficiary can work in January
and then again in May and then again in September and that's only
three months of their trial work period (TWP) the trial work period
cannot begin in a month that cannot be considered TWP month if
the work occurred during the waiting period.
There are dollar amounts that Social Security applies to decide if
you use one of your TWP months. In 2017 that was $840.00 in 2018 it
is $850.00. If a person works and earns $500, they have not used
one of their 9 trial work period months but if they work and earn
$900 in a month then 1 of their 9 TWP months has been used.
Rules: 9 months within a 60 month rolling period
Income (SSI Only)
test tip: Income does not have to be cash to be counted against a
claimant.
Income is defined in the regulations at 20 CFR 416.1104. You will find
that income is anything that you received during a calendar month,
that can be used to meet your needs for food or shelter. It may be
cash or non-cash. Non-cash items they consider "in-kind" income.
"In-kind" income is an item of food or shelter or something that you
can use to get food or shelter. Additionally, Social Security breaks
all income down into two categories; either earned income or
unearned income.