The 2018 exam covered the rules non-attorneys must know to represent claimants

The Social Security Administration's Representative Payee and Non-Attorney Representative Exam (also called the 2018 Non-Attorney Representative exam) tests whether someone without a law degree can legally represent disability claimants before Social Security. The exam covers SSDI and SSI rules, the appeals process, work incentives, and the ethical boundaries of representation. Passing it is the only way a non-attorney can charge a fee for representing you in a disability case.

The exam itself is no longer offered in the form it took in 2018. Social Security replaced it with a new certification system in 2022. But understanding what the 2018 version tested helps you evaluate whether a non-attorney representative actually knows the rules, and it shows what Social Security considers essential knowledge for anyone handling disability cases.

Key Takeaways

  • The 2018 exam tested knowledge of SSDI and SSI rules, the five-level appeals process, work incentives like the Plan to Achieve Self-Support, and the ethical rules that govern non-attorney representation.
  • Non-attorneys who passed the 2018 exam were grandfathered into the new certification system that began in 2022, so some representatives still hold credentials based on that test.
  • The exam required a passing score of 70 percent and covered real-world scenarios, not just definitions.
  • Social Security now uses a different certification process, but the knowledge areas tested in 2018 remain the core skills any disability representative should have.

What the 2018 exam actually tested

The 2018 Non-Attorney Representative Exam was a multiple-choice test covering five main areas. The first was SSDI and SSI program rules—how earnings affect benefits, what counts as work activity, how the trial work period and extended may be able to access period function, and the difference between the two programs. A representative had to know when someone loses benefits and when they can restart them.

The second area was the appeals process. This meant understanding the five levels: initial claim, reconsideration, hearing before an administrative law judge, Appeals Council review, and federal court. The exam tested whether a representative knew what evidence matters at each stage, what important date explore, and what happens if you miss one.

The third area covered work incentives and work-related rules. This included the Plan to Achieve Self-Support (PASS), Impairment Related Work Expenses (IRWE), the Student Earned Income Exclusion, and how the Substantial Gainful Activity (SGA) threshold works. A representative had to understand how someone could work part-time while keeping benefits, and what paperwork Social Security needs to see.

The fourth area was Medicare and Medicaid rules as they connect to SSDI and SSI. This meant knowing how long someone waits for Medicare after SSDI approval, what happens to Medicaid when earnings change, and how the programs interact with work incentives.

The fifth area tested ethical rules and the boundaries of representation. This covered what a non-attorney can and cannot do, how to handle conflicts of interest, what counts as unauthorized practice of law, and the rules around fees.

The fee rules that the exam enforced

One reason Social Security created the exam was to make sure non-attorneys understood the strict rules around charging for representation. The exam tested knowledge of the fee agreement process: a representative must have a signed fee agreement with the claimant before charging anything, and that agreement must be submitted to Social Security for approval.

The exam also covered the fee cap. For most cases, a non-attorney representative cannot charge more than 25 percent of the past-due benefits awarded, up to a maximum dollar amount set by Social Security (which varies by year). The exam tested whether a representative understood this limit and knew how to calculate it correctly.

Non-attorneys also had to know they could not charge a fee unless the claimant won the case and received past-due benefits. If the claim was denied, no fee could be charged. The exam tested this rule because it protects claimants from paying for unsuccessful representation.

How the 2018 exam related to the current certification system

Social Security stopped offering the 2018 exam and replaced it with a new Non-Attorney Representative Certification Program that began in 2022. However, anyone who passed the 2018 exam before the transition was grandfathered in—they did not have to retake a new test to keep representing claimants.

The new system uses a different structure. Instead of a single exam, it requires completion of an approved training course and a passing score on a new assessment. The knowledge areas are similar, but the format and some content have changed to reflect updates to Social Security rules.

This means some representatives you encounter today may hold credentials based on passing the 2018 exam, while others passed the newer assessment. Both are authorized to represent you, but it is worth asking a representative when they became certified—it can give you a sense of how recently they studied the rules.

What the exam did not cover

The 2018 exam tested Social Security rules, not the broader disability law landscape. It did not cover Supplemental Security Income (SSI) state supplements in detail, because those vary by state and are administered by state agencies, not Social Security. A representative needed to know SSI basics, but state-specific rules were outside the exam's scope.

The exam also did not test tax treatment of benefits in depth. While a representative had to understand that some beneficiaries owe taxes on SSDI benefits, detailed tax planning was not part of the test. That is more the domain of a tax professional or attorney.

The exam did not cover other benefit programs like Veterans Benefits, workers' compensation, or private disability insurance, even though these can affect Social Security benefits. A representative had to know they interact, but not the detailed rules of those programs.

How to verify a representative's credentials today

If a non-attorney representative tells you they passed the 2018 exam, you can verify this through Social Security's Office of the Inspector General website, which maintains a public list of authorized non-attorney representatives. The list shows their name, the state they represent in, and their credential status.

You can also ask the representative directly for proof of certification. They should be able to show you a certificate or credential number. If they cannot, or if their name does not appear on Social Security's list, they are not authorized to charge a fee for representation.

Asking when someone became certified is also fair. If they passed the 2018 exam, they have been representing claimants for at least six years. If they completed the newer certification, you can ask what training program they used and when they passed the assessment.

Why the exam mattered for claimants

The 2018 exam existed to protect you. Before Social Security created it, anyone could claim to be a disability representative and charge a fee, even if they did not understand the rules. The exam ensured that anyone charging you money had demonstrated knowledge of SSDI, SSI, appeals, work incentives, and ethics.

The exam also created a record. Social Security could track who was authorized and who was not. If a representative violated the rules—charging too much, taking a fee for a lost case, or practicing law without a license—Social Security could revoke their certification and bar them from representing future claimants.

For you as a claimant, this meant you had recourse. If a representative treated you unfairly, you could file a complaint with Social Security, and the agency could investigate because that representative had a credential to lose.

Frequently Asked Questions

If my representative passed the 2018 exam, does that mean they are still certified today?

Not automatically. Passing the 2018 exam grandfathered someone into the new system, but Social Security can still revoke certification for violations of the rules. Check the Office of the Inspector General's public list to confirm your representative is currently authorized.

Can a non-attorney representative who did not pass the 2018 exam still represent me?

Only if they passed the newer certification assessment that replaced it. Non-attorneys must be certified by Social Security to charge a fee. If they are not on the public list, they cannot legally charge you for representation.

What happens if I hire a non-attorney representative who is not certified?

They cannot legally charge you a fee. If they do, you can report them to Social Security's Office of the Inspector General. You may also have grounds to recover the fee through a complaint or legal action, depending on your state's laws.

Does the 2018 exam cover state-specific SSI rules?

No. The exam tested federal SSDI and SSI rules. State supplements and state-administered SSI programs were outside its scope. A representative should still know your state's rules, but the exam did not test them.

How often do non-attorney representatives have to retake the certification exam?

The 2018 exam was a one-time test. The newer certification system also does not require periodic retesting, though Social Security may update training requirements as rules change. Ask your representative when they last completed training to get a sense of how current their knowledge is.