Social Security Disability (SSD) Glossary

If you're too injured or too ill to work, it's a really scary thing and you may need help. Are you wondering whether you qualify for disability benefits or whether you should consult with a qualified Social Security Disability attorney? This article - keyword glossary will help.

Social Security Disability - Keyword Glossary

If you haven't yet dealt with the Social Security system, either SSD or SSI, the language may seem foreign to you. Some folks find it challenging to understand the program qualifications, benefits, and application process.

While a Social Security Disability attorney is always the best person to give you advice regarding your individual situation, this article - the Social Security Disability keyword glossary - will list, define, and provide examples of the most commonly used SSD and SSI terminology.

If you run across other confusing terms, jot them down and ask your SSD lawyer to help you to understand. You are welcome to use www.attorneys.org to find an SSD attorney or you could ask a loved one for a referral or the local bar association for a list of attorneys.

Administrative Law Judge (ALJ)

Administrative law judges are not part of the traditional civil or criminal court systems. Instead, they are a neutral trier of fact (aka "judge") in a dispute between a governmental agency such as the Social Security Administration and an individual.

If you exhaust your SSA reconsiderations (i.e. appeals) and are still not approved for disability, you have the right to have your case heard by an administrative law judge.

The Chief Administrative Law Judge (CALJ), based in Falls Church, Virginia - oversees all other Administrative Law Judges.

Alleged Onset Date (AOD)

Don't let the term "alleged" get to you. The "alleged onset date" is simply the date you became too ill or too injured to work, aka that date you became disabled.

Americans with Disabilities Act (ADA)

You've likely heard of the Americans with Disabilities Act. It's a federal law, which means it was passed by Congress and is the law in all 50 states.

The ADA outlaws discrimination against disabled people and provides remedies for those who do suffer discrimination.

Appeal

If your Social Security Disability (SSD) claim is denied, you will receive instructions on how to appeal so your case is reviewed.

Appeals Council (AC)

If your case reaches the administrative law judge, who also denies your claim, you can appeal to the "Appeals Council", which may grant your appeal or not.

Application for Benefits

As you might guess, you must fill out forms to let the Social Security Administration (SSA) know why you are eligible to receive to receive benefits.

For SSD, it is imperative that you fully document your disability claims by providing medical documentation from your doctors or psychologist with the initial application.

You absolutely can apply for benefits on your own or  you can retain a Social Security Disability lawyer who knows how to fill out the application and provide supporting documentation so your application has the highest chance of being approved.

Auxiliary (AUX)

When you are approved for disability benefits, your children or spouse may be entitled to benefits as well. These family members are referred to as "auxiliary".

Benefits

Keep in mind that the SSA offers 5 kinds of benefits. Though this glossary has been designed specifically for those in need of SSD (disability) benefits, the SSA also provides retirement, family (dependents), survivors, and Medicare benefits.

SSD benefits include monthly payments and Medicare coverage. Oddly, Medicare coverage doesn't start until 2 years after your disability claim has been approved.

Your benefits will continue so long as you remain disabled up to retirement age, when retirement Social Security benefits are available.

Childhood Disability Benefits (CDB)

If a child becomes disabled before the age of 22, he or she can receive disability benefits based on a parent's work record.

These claimants are referred to as "Disabled Adult Children" or "DAC".

Claims Representatives (CR)

A claims representative is assigned the task of helping individuals apply for Social Security benefits, including disability benefits. In addition, it's the claims representative who determines whether you qualify for benefits or not.

While claims representatives supposedly represent both your interest as well as the Government's interest, that's likely impossible:

Credits - Social Security Credits

There are two Social Security Disability requirements:The number of credits needed to qualify for SSD depends on how old you are:

For example, if you become disabled at age 27, you'd need to have worked 3 years to be eligible.

WARNING: It is likely in your best interests to consult with a qualified SSD attorney who can best determine both whether you are medically eligible and have the requisite work credits. It's not as straight forward as you might think and if you make a mistake, you may not receive the disability benefits you've earned and need.

Decision Notice , Award Letter, Denial Letter

The SSA will send you a letter letting you know whether you are qualified for benefits - or not. If you are eligible, the payment amount will be included.

Direct Deposit

Instead of receiving a monthly check, your disability benefits can be deposited into your bank account. This saves administrative dollars, reduces theft and misuse, and makes getting your benefits more convenient for you.

Disability Benefits

You will receive monthly financial payments as well as health care coverage (Medicare) if you qualify for disability benefits.

To qualify:You can apply for benefits on your own or work with an attorney:

Disability Insurance (DI) - Social Security Disability Insurance Program

When you pay FICA (payroll) taxes, you're paying into the Social Security and Medicare systems - they are insurance programs.

This means that when you receive disability benefits - including monthly payments and Medicare benefits, you are receiving insurance proceeds, which you earned by working and paying FICA taxes.

Disability Insurance Benefits (DIB)

Monthly Social Security Disability payments and Medicare to pay for health care needs.

Documentation - Proof - Evidence

Documentation is simply written proof. In SSD cases, documentation usually refers to medical records.

FICA Tax - Payroll Tax - Social Security and Medicare Taxes

If you are employed, you'll see FICA taxes subtracted from each paycheck. If you're self-employed, you still pay these taxes - through quarterly payments or paycheck taxes.

Health Insurance - Medicare

Two years after you start to receive disability payments, you will be entitled to Medicare to pay for health care expenses.

As a side note, if you qualify for SSI - support for low-income folks - you also qualify for Medicaid, immediately.

Insured Status

If you are work eligible for Social Security benefits because you have the requisite work credits, you are insured - thus, you have "insured status".

The number of credits you need to qualify for Social Security Disability, depends on how old you are:

List of Impairments

The Social Security Administration has published a list of impairments, that are so severe, disability benefits are appropriate.

No worries if your medical situation isn't listed. This simply means that you and your Social Security Disability lawyer must show SSA that your condition - illness or injury - is so severe that it prevents you from working.

NOTE: Mental disabilities such as depression, anxiety, and the like are recognized impairments.

Medicaid

Medicaid is health insurance for those with very low incomes and very limited resources - and are aged, disabled, or blind.

If you qualify for SSI, you qualify for Medicaid.

Because Medicaid is administered by the states, it has varying names from state to state such as "MediCal" in California and "Medical Assistance" in Pennsylvania.

Medical-Vocational Guidelines

"Medical-vocational guidelines are tables or grids that list your age, educational level, work experience, and remaining functional capability to help the SSA determine whether you meet their definition of "disability".

Social Security Disability attorneys will show you how to present your case so the tables are turned to your greatest benefit.

Medicare

Medicare is health insurance for those age 65 and older, those who qualify for SSD, and those with certain serious kidney conditions.

You'll receive Medicare benefits 2 years after you start receiving your SSD benefits.

Nutrition Assistance Program - Food Stamps - SNAP

SNAP helps low income - low resource families pay for groceries.

Program Operations Manual System (POMS)

The POMS is a big instruction book for Social Security Administration employees - as well as state agency employees - who make disability determinations.

Here's a link to POMS. Fortunately, it's not a secret handbook and you can see how employees make decisions and handle your claim.

Protective Filing Date

The first date you contact the Social Security Administration is your "protective" filing date - this date may be used to give you an earlier application date - instead of the date you submit your full and signed application.

Reconsideration (RECON) - Appeal

If your disability claim is denied, you can ask for reconsideration, like an appeal,  to have your case heard again and  you will have the opportunity to submit new evidence (e.g. medical records).

Your reconsideration or appeal options will be included in any denial letter. Be sure that you follow the instructions and ask for a reconsideration or appeal as appropriate within the appeal period.

WARNING: If you have not received a response from the SSA within a reasonable period of time, which can be months, be sure to follow up.

Occasionally, notices are not sent or get lost - if you miss your appeal or reconsideration date because of lack of notice, the SSA does not care. You'll have to reapply and start all over, which may delay your benefits by another 2 years.

Representative Payee

You can have a trusted helper receive and manage your disability payments or SSI payments on your behalf.

Sometimes folks appoint a friend, relative, or interested party such as an attorney to handle interactions with the SSA.

Although representative payees must keep good records and report to the SSA, only select someone you trust completely.

Residual Functional Capacity (RFC)

"Residual functional capacity" refers to the work you still can do, despite being ill or injured.

The SSA will determine whether you can sustain some kind of physical and mental performance.

Residual functional capacity is considered along with your work history, education, and the like.

Retroactive Benefits - Back Benefits

Happily, retroactive benefits are paid in a big check!

When you are approved for disability payments, you'll receive monthly benefits back to the time of your original application.

Self-Employment Income

If you work for yourself and earn more than $400 per year, you have self-employment income and need to pay self-employment taxes. Self-employment income is derived from individual participation or from being a partner in a trade, business, or profession.

Severe Impairment

If your illness or injury significantly limits your ability to do basic work activities, you are deemed to have a "severe" impairment.

Social Security

Social Security is a government run insurance plan. So long as you pay into the system, e.g. pay your insurance premiums, you (or your family) will receive benefits when you retire, become disabled, or die.

Social Security Administration (SSA)

The Social Security Administration is part of the federal Government.

It is the part of the administration that handles benefits for retirees, disabled folks, family members (who have lost a loved one), and the poor. If you're into the history of the SSA, feel free to click on the link.

The SSA is funded by tax dollars; specifically, those dollars taken out of your paycheck in FICA taxes aka "payroll taxes".

Social Security Laws - Social Security Act

If you want to go straight to the source, there's no better way to do so than to review the Social Security laws - they are all compiled in one place called the "Social Security Act".

Substantial Gainful Activity (SGA)

The SSA will deem you disabled and therefore qualified for benefits if you are unable to participate in substantial gainful activity.

Trial Work Period (TWP)

Most folks want to work and a trial work period is a way to test the waters - determine whether you are well enough to work - without risking your disability benefits.

The trial work period allows you to work for up to 9 months while keeping your benefits.

Waiting Period (WP)

There is a 5-month waiting period before disability benefits kick in. Even if you've met the disability and work requirements, there are no benefits for the first 5 full calendar months of disability.

If your claim is approved and you get a big payment for back payments, the 5 months will be subtracted.

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