EDPNA exam study guide with 100% correct answers 2024.

Step 1 of the Sequential Evaluation Process - answer-Is the client engaging in SGA? SGA is work that involves 1) doing significant physical or mental activities 2) it is usually done for pay or profit, whether or not profit is realized. SGA for 2023 is $1470 for non-blind individuals, statutorily blind is $2460 Self employed individuals are engaging in SGA when - answer-they perform significant services in a business, work comparable to unimpaired individuals, and or work which is worth the prescribed monthly SGA amount CFR's regarding the Sequential Evaluation Process - answer-20 CFR 404.1520(a) and 416.920 (a). If it is determined that that a claimant is not disabled at any step, the analysis stops. Step 2 of the Sequential Evaluation Process - answer-Does the claimant have a medical determinable impairment and if so, is it severe (it significantly limits one or more basic work activities required to do most jobs). Work activities include standing, walking, lifting, seeing, pulling, pushing, reaching, carrying, handling, and speaking. Can also include mental functions such as understanding, carrying out or remembering simple instructions, using judgement, responding appropriately to c-workers and supervisors, dealing with changes in a routine work setting Step 3 of the Sequential Evaluation Process - answer-Does the claimant have an impairment that meets or medically equals a listing in Listing of Impairments? Found in Title 20, Chp. 3, Appendix 1, Subpart P of Part 404. Must meet the duration requirement (has lasted or is expected to last for a continuous period of not less than 1 year). The listings describe medically determinable impairments and associated findings that are severe enough to prevent an adult from doing any gainful activity, regardless of his or her age, education and work experience. If the claimant does have at least 1 severe impairment that does not meet or equal a listing, the ALJ must assess the claimant's RFC which is the most the claimant can do on a regular and continuing basis despite his or her impairment(s), even those impairments that are not severe. SSR 18-3P, CFR 416.930 - answer-Failure to Follow Prescribed Treatment- Claimant's must follow prescribed treatment from their own medical source if it is expected to restore one's ability to work, 9 exceptions Step 4 of the Sequential Evaluation Process - answer-Can the claimant do past relevant work, either as the claimant actually performed it or as the work is generally performed in the national economy, last 15 years, only includes jobs that lasted long enough for the claimant to learn to do them, If work was perfomed in another country, the issue will only be how the claimant actually performed; not how it usually performed in another country, PRW does not have to exist in significant numbers Step 5 of the Sequential Evaluation Process - answer-Can the claimant do other work? The work must exist in significant numbers in the national economy. The RFC, claimant's age, education, and past-relevant work experience will be considered at this step, ALJ must refer to the Medical-Vocational Guidelines in Appendix 2 of Subpart P of Part 404 of the regulations; has 3 tables, If the claimant's characteristics do not match a grid rule, the rules in Appendix 2 should be used as a framework in decision making, VE's may testify regarding assessing RFC - answer-SSR 96-8p and 404.1545 Ruling for considering evidence other that just medical - answer-SSR 16-3P- will consider statements from the individual, medical sources, and any other sources that have information about an individual's symptoms, law of The Eleventh Circuit states that testimonial evidence must be considered Listing of Impairments - answer-Title 20, Chp. 3, Appendix 1 of Subpart P of Section 404. Part A is for Adults and some children under 18 as criteria is appropriate- Numbers 1-14, Part B has the the listings for children- 100-114 General definition of disability under Title I and Title XVI - answer-an inability to engage in any SGA by reason of any medical determinable physical or mental impairment which can expected to result in death or which has lasted or can be expected to last for a continuous pd. of not less than 12 mo. Labor market info. sources- 20 CFR 404.1566 - answer-DOT (Dept. of Labor), County Business Patterns and Census reports (Bureau of the Census), Occupational Analyses- state employment agencies, Occupational Outlook Handbook (Bureau of Labor Statistics) Exertional Activities - answer-Lifting, carrying, pushing, pulling, standing, walking, sitting Obesity as an MDI - answer-SSR 19-2 p CDR Regulations - answer-20 CFR 404.1594, 416.994, 416.994 a, The ALJ must determine whether the evidence shows medical improvement in the individual's condition from the most recent favorable decision (comparison point decision) to the DDS cessation, reviews may be 6 months to 7 years after the favorable decision, is the medical improvement related to the individual's ability to work/have the functional limitations decreased? Is the individual considered disabled under the basic definition of disability? non-exertional activities include - answer-postural (stooping and climbing), manipulative activities (reaching, handling), vision, communicative (hearing and speaking), environmental factors (tolerance of temp extremes or dusty environments) Age 18 redeterminations - answer-Uses the same sequential eval process as initial claims, but no step 1 Good cause reasons for missing the request for review - answer-seriously ill, death or serious illness in the family, accident such as a fire, claimant did not receive the notice Medical Vocational Guidelines (Grid Rules) - answer-Found in Appendix 2 of Subpart P of 404, ALJ cannot rely on the VE's testimony if it conflicts with SSA's rules, Takes administrative notice of unskilled jobs in the national economy- 200 sedentary unskilled, 1400 light unskilled, and 900 medium unskilled occupations, In order to do the full range of unskilled work, the claimant must be able to do all or substantially all occupations at an exertional level required of the work When an individual has exertional or non-exertional limitations that affect the claimant's ability to do the full range of work that administratively noted in a table - answer-The ALJ must use the rules as a framework for decision making, VE evidence may be obtained Younger person - answer-under age 50 closely approaching advanced age - answer-50-54 person of advanced age - answer-55 or older sedentary work - answer-Claimant must be able to sit for approximately 6 hours in an 8 hr. workday on a sustained basis, standing or walking for no more than 2 hours of an 8 hr. workday, involves lifting no more than 10 lbs. and occasionally lifting or carrying objects such as docket files, ledgers, or small tools light work - answer-Claimant must be able to stand and walk for approximately 6 hours in a 8 hr. workday on a sustained basis, lifting no more than 20 lbs. at the time, with frequent lifting or carrying of objects weighing up to 10 lbs., could also be a job that inolves sitting most of the time but it involves pushing or pulling of arm-hand/leg-foot controls occasionally - answer-very little and up to 1/3 of the time- 2.67 hrs. or less of an 8 hr. workday frequent - answer-occurring 1/3 to 2/3 of the time- over 2.67 to 5.33 hrs. of 8 hr. workday medium work - answer-lifting no more than 50 lbs. at a time with frequent lifting or carrying of objects that are 25 lbs. requires standing or walking for 6 hours of an 8 hr. workday, use of hands are required to grasp, hold, and turn objects occupational base - answer-The number of jobs, as represented by RFC, that an individual is capable of performing unskilled work - answer-work which needs little or no judgement, can be learned in 30 days, primary work duties are handling, feeding and offbearing, involves placing or removing materials from machines, involves an SVP range of 1-2 (short demonstration to up to one month or training required) semiskilled - answer-Needs some skills but does not require doing more complex duties, SVP range of 3-4 (over 1 month to 6 months of training) skilled work - answer-SVP range of 5-9 (6 months to 10 years of training), more complex and varied than semiskilled work education levels - answer-illiterate- cannot read or write in any language, little or no formal schooling marginal education- 6th grade or less, can do simple, unskilled jobs limited education- 7th- 11th grade, can do semi skilled or skilled work high school education and above- can do semi-skilled and skilled work exertional level - answer-sedentary, light, medium, heavy and very heavy heavy work - answer-lifting no more than 100 lbs. with frequent lifting or carrying of objects weighing up to 50 lbs. very heavy work - answer-lifting objects weighing more than 100 lbs. with frequent lifting or carrying objects weighing 50 lbs. or more transferability of skills- SSR 82-41 and The Revised Handbook for Analyzing Jobs - answer-Skills the claimant has from PRW that he or she can no longer perform but can use in other skilled or semi skilled work within their RFC, RFC and advancing age are important factors steps in CDR Eval process (no step 1 in Title 16 claims) - answer-1. SGA? 2. Does impairment meet or equal a listing? 3. Has medical improvement occurred- decrease in medical severity of impairment through symptoms, signs, and lab findings? 4. Medical improvement related to the ability to work? Increase in the claimant's ability to perform basic work activities? 5. Does the exception to med improvement apply- see CFR's 6. Are the impairments severe in combination? 7. Assess RFC and determine if claimant can do PRW 8. Can the claimant do other work based on education, experience, and age? Acceptable Medical Source - answer-licensed provider- physician, psychologist, etc. Audiologists, Licensed Advanced Practice Nurse, Licensed PA are considered acceptable medical sources only for claims filed on or after 03/27/17 Objective medical evidence - answer-Signs (abnormalities that can be observed other that patient's statements), lab findings or both marked vs. extreme limitations - answer-marked- the impairment(s) interfere seriously with one's ability to independently initiate, sustain or complete activities , scores at least 2, but less than 3 SD below the mean extreme- the impairment(s) interferes very seriously very seriously with one's ability to initiate, sustain, or complete activities, testing scores are at least 3 SD below the mean Who is entitled to child insurance benefits? Auxiliary - answer-1. Children under age 18 2. 18 or 19 and a full-time student (no higher than 12th grade) 3. DAC- disabled before age 22 and have a disability 4. Child must not be married Eligibility for Disabled Widows Benefits= 404.335 - answer-1. Widow must have attained age 50, but not 60 2. Age 50 is the earliest date payable 3. Disability must be established before the end of the prescribed period (between the month of spouse's death and 7 years after or it may be based off when an individual turns 50) 4. Controlling date is the last date that disability must be established 6. 5 month waiting period and 24 month Medicare waiting pd. applies Source of unearned income - answer-income that is not earned such as SS disability payments, state disability payments, unemployment benefits, interest income, dividends or cash from friends or relatives Earned income - answer-wages from employment, certain royalties, honoraria, and sheltered workshop payments in-kind income - answer-food, shelter, or both that you get for free or less than it's fair market value deemed income - answer-part of the income of your spouse with whom you live, your parents with whom you live, or your sponsor (if alien), which the SSA uses to compute SSI benefit amounts Federal benefit rate for 2023 - answer-$914 for an individual, $1,371 for a couple To calculate an SSI payment, the SSA subtracts the income that they do not count from the total income. This is the countable income. Then the countable income is subtracted from the Fed Benefit rate. IRWE- 20 CFR 404.1576 - answer-When the SSA decided if the claimant is performing SGA, they will substract the following costs if they are needed for the individual to be able to work. Has to be paid for only by the claimant. 1. attendant care 2. medical devices 3. prosthetic devices 4. equipment 5. transportation costs SSI unearned income limit for individuals - answer-must have less than $934 of unearned income to receive SSI SSI unearned income limit for couples - answer-must have less unearned income of less than $1391 per month work credits for 2023 - answer-For 2023, must earn $1640 to get one work credit with the max of 4 credits for the year Type of SS Law Sources - answer-Commissioner's Regulations. SS Acquiescence (AR) Rulings, Program Operations Manual System (POMS), and Hearing, Appeals and Litigation Law manual (HALLEX) GED Reason levels (6 total), These are the 3 lower levels - answer-1- apply common sense understanding to carry out simple 1 or 2 step instructions 2- apply common sense understanding to carry out DETAILED but uninvolved written or oral instructions, deal with problems involving only a few concrete (easy to measure) variables 3- apply common sense understanding to carry out instructions furnished in written, oral and diagrammatic , problems may involves several concrete variables SVP ranges - answer-1- Short demonstration only, unskilled 2- Anything beyond short demonstration up to and including 1 month, unskilled 3- Over 1 month up to and including 3 months, semi-skilled 4- Over 3 months up to and including 6 months, semi-skilled 5- Over 6 months up to and including 1 year, skilled for this one and above 6- Over 1 year up to and including 2 years 7- Over 2 years up to and including 4 years 8- Over 4 years up to and including 10 years 9- Over 10 years Composite jobs rule - answer-SSR 82-61. An ALJ cannot properly issue a PRW denial at Step 4 on an "as generally performed basis" when a composite job is involved. SSR 00-4P - answer-ALJ's may not rely on VE evidence if it conflicts with the info. in the DOT regarding exertional level, skill level and transferability of skills. The ALJ must resolve any conflicts before relying on the evidence for a denial. HALLEX and ALJ's- SSR 13-2P - answer-the HALLEX is binding on all adjudicators because it reflects agency policy HALLEX 1-2-6-74 (B) - answer-Objections to VE testimony must be ruled on at the hearing, in a narrative form as a separate exhibit, or in the body of the decision. HALLEX 1-2-5-30(B) - answer-An ALJ must respond to any objections regarding VE testimony either in writing or on record at the hearing. SSR 96-9P footnote 8 - answer-Whenever a VE is used, a claimant has the right to respond to the VE evidence prior to the issuance of the decision 5 day rule cannot prohibit - answer-claimants from submitting post-hearing written statements Magic Question for the VE - answer-Is it correct that in responding to the judge's hypothetical questions, you did not consider any factors or limitations other than those specifically noted by the judge? Global Assessment of Functioning - answer-A 0 to 100 rating of a person, with more severe disorders indicated by lower numbers and more effective functioning by higher numbers, scores of 50 or below are indicative of the inability to perform full-time work SSR 83-10 - answer-can use to rebut VE light work SSR 82-41 and the Revised Handbook for Analyzing Jobs - answer-These documents describe SSA's methods for determining transferability of skills recon forms - answer-SSA FORM 561 (request for recon), SSA 341 (Dis. Report Appeal), and SSA 827 Material Evidence - answer-Has a legitimate and effective influence on the decision of the case, involves or is directly related to the issues adjudicated by the ALJ, offered to prove a fact in a case that is in dispute Hallex 1-2-2-42 - answer-grid rules can still be applied if a claimant is within a few days or months of an age category constantly - answer-2/3 or more of an 8 hr. workday - 5.33 or more Statutory blindness- 404.1581 - answer-Central visual acuity of 20/200 or less in the better eye with the use of correcting lens. An eye which has a limitation in the field of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees is considered to have a central acuity of 20/200 or less HALLEX 1-2-1-50 - answer-Substitution of party SSI income limit for individuals who are working (before the exclusions are applied) - answer-$1,913 (cannot exceed FBR which is $914 monthly) SSI income limit for couples (before exclusions are applied) - answer-$2,827