Tuesday, September 13, 2022

Social Security Disability Glossary of Terms

A client recently asked me if I could publish a general glossary of disability-related terms, so she could become more familiar with the Social Security Administration's (SSA'S) lingo. After all, no one loves an acronym more than the federal government! I happened to have a list of commonly used SSA terms that the average person may not be familiar with lying around. So here you go........ 

Glossary of Terms

 Activities of Daily Living (ADLs)

Activities of Daily Living are simply the normal, basic activities that most people must engage in as a requirement of daily living. They include basic activities such as: personal hygiene (bathing, dressing), meal preparation (breakfast, lunch, dinner), shopping (grocery and other shopping), and standard home maintenance activities such as sweeping, vacuuming, dusting, laundry, and dish washing.

 AIME (Average Indexed Monthly Earnings)

The dollar amount used to calculate your Social Security benefit if you attained age 62 or became disabled (or died) after 1978. To arrive at your AIME, Social Security adjusts your actual past earnings using an "average wage index," so you won’t lose the value of your past earnings (when money was worth more) in relation to your more recent earnings. If you attained age 62 or became disabled (or died) before 1978, Social Security uses Average Monthly Earnings (AME).

 Administrative Law Judge (ALJ)

Administrative Law Judges are appointed by, and work for, the federal government for the purpose of rendering decisions on Social Security Disability claims at the hearing level. In order to adjudicate a claim, an ALJ will normally read a claimant's cumulative social security file, which, at the time of a hearing, is referred to as an exhibit file. On certain cases, an ALJ may also rely on expert testimony provided by medical and vocational experts.

 Alleged Onset Date (AOD)

The alleged onset date is the date a person claims, or alleges, on the social security application, that their disability began. The alleged onset date potentially determines how much in past due benefits, or retroactive benefits, a claimant can receive.

 AME (Average Monthly Earnings)

The dollar amount used in calculating your monthly Social Security benefit if you attained age 62 or became disabled (or died) before 1978. The AME is determined by dividing the total earnings in the "computation years" by the number of months in those same years.

 Appeal

You will receive a letter of explanation whenever Social Security makes a decision regarding your eligibility for Social Security Disability or Supplemental Security Income benefits. If you disagree with the decision, you have the right to appeal (ask Social Security to review your case).

 Appeal Deadline

The deadline to file an appeal after a Social Security Disability or Supplemental Security Income claim has been denied is always 60 days from the date of the last denial. This date is usually stamped on the first page of the denial letter in the upper right hand corner.

 Appeals should always be filed timely, before the appeal period expires. A failure to appeal in a timely manner will result in having to start over at the very beginning, i.e. filing a brand new application. That is, of course, unless a claimant can demonstrate "good cause" for appealing after the deadline has passed.

 Appeals Council

The Appeals Council comprises the third step in the Social Security Disability system's appeal process. This stage in the process is different from the others in that it's purpose is not to evaluate the merits of a case, but, rather, to determine if the Administrative Law Judge who denied the claim was in error. The Appeals Council will conduct a thorough review of the ALJ’s decision and issue their own independent decision either remanding the case, reversing the case, or denying the appeal.

 Application for Benefits

To receive Social Security Disability or Supplemental Security Income benefits, you must complete and sign an application. You can apply in person at your local Social Security Administration office, by telephone at (800) 772-1213, or online at www.socialsecurity.gov.

 Base Years

A worker's (wage earner) base years for computing Social Security Disability benefits are the years after 1950 up to the year of entitlement to retirement or disability insurance benefits. For a survivor's claim, the base years include the year of the worker's death.

 Benefit Verification Letter (BEVE)

An official letter from Social Security that verifies the amount an individual receives each month in Social Security Disability benefits and/or Supplemental Security Income payments.  These letters are normally issued following a request from a beneficiary or his/her authorized representative.

 Benefits

Social Security pays monthly cash benefits in four major categories: 

  • Retirement
  • Disability
  • Family (dependents)
  • Survivors 

Additionally, Social Security provides medical coverage in the form of Medicare for qualifying individuals.

Cessation

Cessation refers to a discontinuation of benefits for a person who was once thought eligible to receive disability benefits from the Social Security Administration. In most instances, disability recipients are ceased and taken off benefits when they no longer meet Social Security's medical or non-medical program requirements.

 Closed Period

A closed period exists when a claimant for disability benefits is found to be ineligible for ongoing benefits, but eligible to receive benefits for a specific period of time in the past extending over a minimum period of 12 months.

Computation Years

Computation years are the years with highest earnings selected from the "base years.”  Social Security adds total earnings in the computation years and divides by the number of months in those years to get the AME or the AIME

Consultative Examinations

Consultative examinations are medical examinations that Social Security Disability and Supplemental Security Income claimants are sometimes sent to in the course of processing a claim for disability benefits. The doctors who perform consultative examinations for the Social Security Administration are independent physicians who have contracted to perform such services.

Consultative examinations can be mental or physical. They can also include ophthalmologic exams, bloodwork, and the taking of x-rays. Consultative examinations conducted for social security objectives are not for the purpose of delivering medical treatment. Instead, their purpose is to provide a recent snapshot of a claimant's conditions and various limitations.

Claimants who receive appointment letters indicating that they have been scheduled for a consultative examination, should always attend them since examiners are empowered to close disability claims for "failure to cooperate". However, when a claimant misses a scheduled exam and has a valid reason for this happening, an examiner will usually allow for the examination to be rescheduled.

 Countable Assets

To maintain eligibility for Supplemental Security Income benefits, disability recipients cannot have more than $2,000 in countable assets for individuals, and $3,000 in countable assets for couples.

 Credits

Previously called "Quarters of Coverage." As you work and pay taxes, you earn credits that count toward your eligibility for future Social Security benefits. You can earn a maximum of four credits each year. Most people need 40 credits to qualify for benefits. Younger people need fewer credits to qualify for disability or survivors’ benefits. During their working lifetime most workers earn more credits than needed to be eligible for Social Security. These extra credits do not increase eventual Social Security benefits. However, the income earned may increase the benefit amount.

Date Last Insured (“DLI”)

Your DLI can be an important date for your Social Security Disability claim. Social Security Disability is an insurance program, and a portion of the FICA payroll taxes withheld from every paycheck pays the disability premium. However, if you stop working, you stop paying the premium. Eventually, your disability insurance will lapse. The date your insured status ends is called the "date last insured." To prevail with a Social Security Disability claim, you must show that you were disabled prior to your date last insured.  If you cannot demonstrate that you were disabled prior to your DLI, you will be denied Social Security Disability benefits.

 Dire Need

Critical case processing may be warranted when a person has insufficient income or resources to meet an immediate threat to health or safety, such as the lack of food, clothing, shelter or medical care.

 Direct Deposit

This is the standard way to receive Social Security Disability benefits and Supplemental Security Income payments. Your money is sent electronically to an account in an accredited financial institution, such as a bank or credit union.

 Disability Determination Services (DDS)

DDS is the state-level agency whose basic task is determining the eligibility of claimants to receive monetary disability benefits, or benefits from a state's adult Medicaid program. DDS is where cases are resolved at the initial application and reconsideration levels.  DDS examiners evaluate and process disability claims at these two levels.

 DDS Disability Examiner

All disability cases (prior to the hearing level where an Administrative Law Judge decides a claim) are evaluated and processed by disability examiners. Disability examiners work at state agencies generally referred to by the acronym DDS, or Disability Determination Services and they are responsible for determining medical eligibility for claimants attempting to win Social Security Disability and Supplemental Security Income benefits.

 Durational Denial

A durational denial occurs when a disability examiner determines that a claimant's medical condition has not been disabling for at least a 12 month period, or cannot be projected to be disabling for at least this long.

 Earnings Record

A chronological history of the amount of money you earn each year during your working lifetime.  The credits you earned remain on your Social Security record even when you change jobs or have no earnings.

 Established Onset Date (EOD)

The established onset date, is the decided commencement date for a claimant's disability.

 Exhibit File

The exhibit file contains copies of  everything accumulated during the course of processing a claimant's disability claim. This includes copies of applications and other paperwork submitted by claimants, letters sent to the Social Security Administration by claimants, and medical evidence gathered by disability examiners at the initial application and reconsideration levels. Exhibit files are made available to a claimant and their representative for viewing and copying.Family Benefits (Dependent Benefits)

When you’re eligible for Social Security Disability benefits, the following people may receive benefits on your record:

  • Spouse if he or she is at least 62 years old (or any age but caring for an entitled child under age 16)
  • Children if they are unmarried and under age 18, under age 19 and a full-time elementary or secondary student
  • Children age 18 or older but disabled
  • Divorced ex-spouse.

 Family Maximum

The family maximum represents the maximum amount of benefits payable to an entire family on any one worker’s record.

 Five Month Waiting Period

Claimants who have been approved to receive Social Security Disability benefits are subject to a five month waiting period. The five month waiting period simply means that the Social Security Administration will withhold five months of an approved claimant's benefits.

*Note: Claimants who have been approved to receive Supplemental Security Income benefits are not subject to the five month waiting period.

 FICA Tax

FICA stands for "Federal Insurance Contributions Act." FICA is the tax withheld from your salary or self-employment income that funds the Social Security and Medicare programs.

 Insured Status

If you worked and earned enough Social Security credits to meet the eligibility requirement for retirement or disability benefits or enable your dependents to establish eligibility for benefits due to your retirement, disability, or death, you have insured status.

 Lawful Alien Status

People admitted to the U.S. who are granted permanent authorization to work by the United States Citizenship and Immigration Services (USCIS) (formerly INS) or admitted to the U.S. on a temporary basis with USCIS or INS authorization to work.

 Listing of Impairments

The Listing of Impairments describes, for each major body system, impairments that are considered severe enough to prevent a person from doing any gainful activity (or in the case of children under age 18 applying for SSI, cause marked and severe functional limitations). Most of the listed impairments are permanent or expected to result in death, or a specific statement of duration is made. For all others, the evidence must show that the impairment has lasted or is expected to last for a continuous period of at least 12 months. The criteria in the Listing of Impairments are applicable to evaluation of claims for Social Security Disability benefits and Supplemental Security Income benefits.

 Lump Sum Death Payment

A one-time payment of $255 paid in addition to any monthly survivors insurance benefits that are due.  Upon an individual’s death this benefit is paid only to their widow(er) or minor children.

 Maximum Earnings

The maximum amount of earnings Social Security can count in any calendar year when computing your Social Security benefit.

 Medicaid

A joint federal and state program that helps with medical costs for people with low incomes and limited resources. Medicaid programs vary from state to state, but most health care costs are covered if you qualify for both Medicare and Medicaid. 

 Medical Expert

Medical experts may testify at Social Security Disability hearings at the request of an Administrative Law Judge. Medical experts are provided a copy of the claimant’s medical records file prior to the hearing and are called upon to provide informed testimony regarding the interpretation of a claimant's medical records.

 Medical-Vocational Guideline (“The Grids”)

The Grids are medical-vocational guidelines that the Administration must consider in evaluating your ability to work. The Grids address your ability to work by weighing age, education, and the exertional and skill levels of your past work performed in the last 15 years.

 Medicare

The federal health insurance program for:

  • People 65 years of age or older,
  • Certain younger people with disabilities, and
  • People with permanent kidney failure with dialysis or a transplant, sometimes called ESRD (End-Stage Renal Disease).

 Notice of Award

Once Social Security determines that you are eligible for benefits, you will receive an official letter explaining the amount you will get each month and the amount you will receive in past due benefits. Typically, award letters are received about 8-12 weeks from the notice of decision.

 Notice of Decision

Social Security will send you an official letter at the initial application level, the reconsideration level, and the hearing level explaining their decision and your appeal rights.

 Office of Hearings Operations (OHO)

The Office of Hearings Operations (OHO) is responsible for holding hearings and issuing decisions as part of the Social Security Administration's process for determining whether or not a person may receive disability benefits. Each OHO is staffed with Administrative Law Judges (ALJs) who conduct impartial "de novo" hearings and make decisions on appealed determinations involving claims for Social Security Disability benefits and Supplemental Security Income benefits.

 On The Record Decision

An on the record decision occurs when an Administrative Law Judge, prior to a hearing having been held, approves a case because the medical evidence available to an ALJ is strong to enough to enter a finding of disability without the need for a formal hearing.

 Past Relevant Work (PRW)

Past relevant work is work that you have done within the past 15 years, that was substantial gainful activity, and that lasted long enough for you to learn to do it.

 Presumptive Benefits

Social Security may make presumptive disability or blindness payments available for up to six months, if you applied for Supplemental Security Income benefits because of a disability or blindness and are waiting for the DDS to make a final decision. You may be eligible to receive SSI benefits right away on the basis of a presumptive disability or blindness determination if you have one or more of the following medical conditions:

·         amputation of a leg at the hip,

·         allegation of total deafness,

·         allegation of total blindness,

·         allegation of bed confinement or immobility without a wheelchair, walker, or crutches, allegedly due to a longstanding condition––excluding recent accident and recent surgery,

·         allegation of cerebral palsy, muscular dystrophy, or muscular atrophy and marked difficulty in walking (e.g., use of braces), speaking, or coordination of the hands or arms,

·         allegation of Down syndrome,

·         an applicant filing on behalf of another individual alleges severe mental deficiency for claimant who is at least seven years of age,

·         Human Immunodeficiency Virus (HIV) infection,

·         allegation of a stroke (cerebral vascular accident) more than three months in the past with continued, marked difficulty in walking or using a hand or arm,

·         infants who weighed less than 1200 grams at birth, or less than 2000 grams at birth and they were "small for gestational age" (For example, they weigh at least two standard deviations below the mean, or below the third growth percentile, for gestational age.) and have not yet attained age one,

·         allegation of inability to ambulate without the use of a walker or bilateral hand–held assistive devices more than two weeks following a spinal cord injury with confirmation of such status from an appropriate medical professional,

·         a physician confirms by telephone or in a signed statement that an individual has a terminal illness with a life expectancy of 6 months or less OR a physician or knowledgeable hospice official confirms that an individual is receiving hospice services because of a terminal illness,

·         end stage renal disease with ongoing dialysis, and the file contains a completed CMS–2728 End Stage Renal Disease Medical Evidence Report–Medicare Entitlement and/or Patient Registration,

·         allegation of severe mental deficiency made by another individual filing on behalf of a claimant who is at least seven years of age,

·         allegation of Amyotrophic Lateral Sclerosis (ALS, Lou Gehrig's disease).

Social Security does not ask you to repay these presumptive disability payments, even if you are later found not to be disabled or blind.

Primary Insurance Amount (PIA)

The monthly amount payable if you are a retired worker who begins receiving benefits at full retirement age or if you're disabled and have never received a retirement benefit reduced for age.

 Protective Filing Date

The date you first contact Social Security about filing for benefits is referred to as your protective filing date. It may be used to establish an earlier application date than when Social Security receives your signed application.

 Remand

A remand is a disability claim that has been:
1. denied by an Administrative Law Judge,
2. reviewed, upon request, by the Appeals Council, and
3. returned to the hearing office for a second hearing.

 A remand is typically granted when the Appeals Council is able to find fault with the hearing decision issued by a judge.

Representative Payee

If you receive Social Security Disability or Supplemental Security Income benefits and become unable to handle your own financial affairs, after a careful investigation, Social Security might appoint a relative, a friend, or an interested party to handle your Social Security matters and benefits.

 Residual Functional Capacity (RFC)

A medical assessment of what an individual can do in a work setting in spite of the functional limitations and environmental restrictions imposed by all of his or her medically determinable impairment(s). RFC is the maximum degree to which the individual retains the capacity for sustained performance of the physical-mental requirements of jobs.

 Retroactive Benefits

Commonly referred to as “Back Pay." Retroactive benefits represent the monthly benefits that you may be entitled to before the month you actually file an application, if you meet the entitlement requirements. The amount of back pay a claimant can receive will always depend on:

  • when a claimant filed for disability, and
  • when a claimant's disability is decided to have begun.

 For Social Security Disability benefits, benefits can accrue and be paid from the date of the application as well as up to 12 months retroactive to the date of the application (minus the five month waiting period for Social Security Disability cases). Disability based on Supplemental Security Income benefits can accrue and be paid from the date of the initial application.

 Social Security

Social Security is based on a simple concept: While you work, you pay taxes into the Social Security system, and when you retire or become disabled; you, your spouse and your dependent children receive monthly benefits that are based on your reported earnings. Also, your survivors can collect benefits if you die.

 Social Security Administration (“SSA”)

The Social Security Administration is an independent agency of the United States federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for these benefits, most American workers pay Social Security taxes on their earnings; future benefits are based on the employees' contributions.

SSA is headquartered in Woodlawn, Maryland, just to the west of Baltimore, at what is known as Central Office. 

Social Security Disability Benefits

You can get Social Security Disability benefits if you:

  • Are under full retirement age,
  • Have enough Social Security credits, and
  • Have a severe medical impairment (physical or mental) that’s expected to prevent you from doing "substantial" work for a year or more, or have a condition that is expected to result in death.

 Social Security Number (SSN)

Your first and continuous link with the Social Security Administration is your nine-digit Social Security Number (SSN). Your SSN helps Social Security maintain an accurate record of your wages or self-employment earnings that are covered under the Social Security Act, and to monitor your record once you start getting Social Security Disability benefits.

 Social Security Office

Your local Social Security office is the place where you can:

  • Apply for a Social Security Number,
  • Check on your earnings record,
  • Apply for Social Security Disability benefits, Supplemental Security Income, and Medicare, and
  • Enroll for Medicare,

The address and telephone number of your local Social Security office can be obtained by calling (800) 772-1213. You can also locate a local office online at www.ssa.gov.

 Spouse

You are the spouse of the worker if, when he or she applied for benefits:

  • You and the worker were married, or
  • You would have the status of a husband or a wife for that person’s personal property if they had no will, or
  • You went through a marriage ceremony in good faith, which would have been valid except for a legal impediment.

 Substantial Gainful Activity (SGA)

Substantial Gainful Activity is the dollar amount that a disability beneficiary may earn each month while simultaneously maintaining eligibility for benefits. Currently, the SGA amount for 2022 is $1,350.00. Individuals who work and have earned gross monthly income exceeding the SGA threshold are not considered disabled and are ineligible to receive benefits.

 Supplemental Security Income

A Federal supplemental income program funded by general tax revenues (not Social Security taxes).  It helps aged, blind, and disabled people, who have little or no income by providing monthly cash payments to meet basic needs for food, clothing, and shelter.

Survivor Benefits

Social Security Disability benefits based on your record (if you should die) are paid to:

  • Your widow(er) age 60 or older, 50 or older if disabled, or any age if caring for a child under age 16 or who became disabled before age 22
  • Your children, if they are unmarried and under age 18, under 19 but still in school, or 18 or older but disabled before age 22
  • Your parents if you provided at least one-half of their support.

A special one-time lump sum payment of $255 may be made to your spouse or minor children.

 TERI Case

A TERI case is a critical case involving a terminal illness that requires additional special handling and tracking to ensure that it is expedited. TERI cases include any case involving:

  • an allegation that the claimant's illness is terminal,
  • an allegation or diagnosis of AIDS,
  • a claimant registered in a hospice or receiving hospice care at home,
  • a claimant with a condition which medical records indicate cannot be reversed and is expected to end in death.

The presence of one of the above criteria does not mandate a finding of disability. The impairment(s) must be fully evaluated.

 

Trial Work Period (“TWP”)

The Social Security Administration does permit claimants to test their ability to work once they become entitled to Social Security benefits. A TWP continues until an individual has performed “services” for 9 months (not necessarily consecutive) within a consecutive 60 month period. 

 

Unsuccessful Work Attempt (“UWA”)

An UWA is an effort by a disabled individual to do substantial work that either stopped or produced earnings below the Substantial Gainful Activity level after 6 months or less due to the individual’s disabling condition or the elimination of the special services or assistance that the individual needed in order to work.

 Vocational Expert

Vocational experts may testify at Social Security Disability hearings at the request of an Administrative Law Judge. A vocational expert’s role at the hearing is to provide testimony regarding the jobs performed by the claimant is the past 15 years and the range of available jobs for various occupations.

 Wage Earner

A person who earns Social Security credits while working for wages or self-employment income. Sometimes referred to as the "Number Holder" or "Worker."

 Widow(er)

You are the widow(er) of the insured person if, at the time the insured person died:

  • You and the insured person were validly married, or
  • You would have the status of a husband or a wife for that person’s personal property if they had no will, or
  • You went through a marriage ceremony in good faith that would have been valid except for a legal impediment.

The minimum age for disabled widows benefits is age 50.

Got a question that you need answered? Please check out our website at www.westcoastdisability.com. We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot us an email at megan@westcoastdisability.com or call us at (800) 459-3017.


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