Understanding SSDI Application Process Terms

nonepileptic seizures

Many applicants need help with Social Security Disability Insurance (SSDI) terminology. The SSDI application process itself is not only frustrating, stressful, and LONG, but also a lot of the terms you may come across are simply confusing. To aid in your understanding of key SSDI application process terms, the team of experienced SSDI lawyers at the LaBovick Law Group has put together the following list of SSDI terms and definitions.

SSDI Terms and Definitions

Administrative Law Judge

An administrative law judge is a judge appointed by the federal government. These kinds of judges preside over trials and adjudicate claims or disputes involving administrative law. Social Security is considered a type of administrative law. If your disability claim requires a hearing, you will be presenting your case before an administrative law judge.

Alleged Onset Date

The alleged onset date also called your disability date, is the date your disability began. Determining your disability date is a two-step process. First, you must show you suffer from a severe condition. Second, you must show that your condition is preventing you from working. It is not enough to simply have a diagnosis. You must also show that that diagnosis stopped you from working. For example, an individual may have stopped working in 2012 to take care of an ill family member. Then, in 2013, the individual was diagnosed with stage 4 lung cancer. The alleged onset date for that individual would be 2013 because that is when he/she was diagnosed with the severe condition and was precluded from working based upon that condition.

Date Last Insured

Your date last insured refers to the last day you are covered under the Social Security Disability Insurance (SSDI) program. SSDI is a federally run insurance program. Think of this similar to car insurance or homeowner’s insurance. You are covered under your car or homeowner’s insurance while you are paying the premium for that coverage. In this case, the “premium” is represented by the taxes you pay on your income into the Social Security program. To obtain coverage through the SSDI program, you must have paid taxes into the program for the past five out of ten years, or the past 20 out of 40 quarters. When proving you are disabled, you must show your disability began prior to your SSDI expiration. For example, if your date last insured is March 31, 2017, you must prove, using medical records, a disabling condition existed prior to that date. If your medical records do not start until 2018, you will not be found disabled based upon the fact that your condition did not begin during your period of SSDI coverage.

Filing Date

The filing date refers to the day you first applied for SSDI benefits, or the day your application was received by the Social Security Administration. This date is important for both the SSDI and Supplemental Security Income (SSI) programs in very different ways. For the SSDI program, this date is important because the Social Security Administration is able to pay retroactive benefits only 12 months prior to your filing date. For example, if you filed for benefits on January 1, 2019, and you are found disabled with an alleged disability date of January 1, 2016, the furthest back you would receive monetary benefits is January 1, 2018. In terms of SSI, there is no 12-month look-back period. Your filing date is simply the date you are first eligible to receive benefits. If your disability date is prior to the filing date, your benefits will start as of the filing date. If your alleged disability date is after the filing date, your benefits would start as of the alleged disability date.

Listings

Social Security Disability Attorneys | RFC Assessment | LaBovick Law Group of West Palm Beach, Florida The Listings are a group of medical conditions that the Social Security Administration has deemed to be so severe that, as long as you can prove one of the conditions, you will be found disabled. The Listings are broken up into 14 categories based upon musculoskeletal system, special senses and speech, respiratory disorders, cardiovascular system, digestive system, genitourinary disorders, hematological disorders, skin disorders, endocrine disorders, congenital disorders, neurological disorders, mental disorders, cancers, and immune system disorders.

Medical Expert

A medical expert is a doctor who has been enlisted to form an opinion regarding your claim. You may see the term medical expert used throughout the SSDI application process. In fact, the Social Security Administration can use a medical expert to review your file at any stage of the SSDI application process. At the hearing, stage is when you would actually hear the doctor testify; whereas, in the review process, you would simply see the doctor’s written report.

Medical-Vocational Guidelines

The medical-vocational guidelines are a list of rules the Social Security Administration (SSA) uses to evaluate cases for individuals aged 50 and older. The phrase commonly used here is “GRID Rules.” If you are over the age of 50, the SSA will determine whether your claim meets a GRID Rule. This is typically for cases with physical conditions or disorders that cause functional limitations. Psychiatric conditions alone are not evaluated under the GRID Rules.

Residual Functional Capacity

Residual functional capacity (RFC) is the most you can do in spite of your limitations. Your RFC is determined by considering both your physical and mental limitations and then placing functional restrictions upon them. The RFC is used to determine whether you are capable of performing your past work or any other work in the national economy.

Substantial Gainful Activity

Substantial gainful activity (SGA) is a monthly monetary amount the SSA uses as a threshold to determine whether you technically qualify for the SSDI program. If you are earning less than SGA per month, you will be able to apply for SSDI benefits. However, if you are earning over SGA, you will receive a technical denial of your SSDI application. SGA is determined by your gross monthly earnings, and the amount changes every year. In 2019, SGA is $1,220.

Vocational Expert

Free SSD Case Evaluation | LaBovick Law Group of West Palm Beach, Florida A vocational expert is someone an administrative law judge may use at your hearing to determine what work may be available to you based upon your residual functional capacity. The judge will give the vocational expert a list of limitations. The vocational expert will then determine if there are jobs capable of being performed in spite of those limitations.

Help with Social Security Disability Insurance Application Process

Knowing certain terminology may help make the SSDI application process just a little bit easier to understand. However, the best way to file for SSDI benefits is with the assistance of experienced SSDI lawyers. At the LaBovick Law Group, we have a qualified team who can easily navigate you through the system. We provide free consultations and free online case evaluations. Our representation is based on a contingency fee. Meaning, we only get paid if we are able to secure your SSDI benefits. You pay nothing upfront to leverage the knowledge of our expert staff throughout the SSDI application process. So, rather than trying to piece all these terms and regulations together, the best thing you can do is to call the LaBovick Law Group today at (561) 623-3681.

It’s easy to get started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

It’s Easy to Get Started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.