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Common Legal Terms

• affadavit: a written or printed statement made under oath
• appeal: a legal action where a prior decision is challenged in front of a higher court
• allegation: what someone in a legal proceeding claims occured and what they plan to prove
  

• alleged onset date: the day that you say your disability began.
• alternative dispute resolution (ADR): a different way to resolve a disagreement by not going to a full court of law (examples include arbitration, mediation and settlement)
• arbitration: an ADR where both sides of an issue agree to resolve it by taking it to an impartial third party person who listens to and reviews both sides of the argument.
• average weekly wage: for workers compensation purposes, it's your earnings at the time of your injury and one year prior. That's 52 weeks of your income until the day you were injured.
  
• bench decision: when the administrative law judge verbally approves the claim at a hearing and follows up in writing
• compensable: able to be compensated, able to make an appropriate counterbalancing payment

• claims representative: an authorized person employed by the Social Security Administration who helps applicants process paperwork and answer questions in person or by phone
• clincher: in workers' comp, it's the informal name for a Compromised Settlement Agreement which gives you a lump sum of money. It is also the type of settlement in which you give up the right to future medical treatment
• damages: money that a defendant pays to a winning plaintiff: compensatory damages are for loss or injuries and punitive damages are to punish the defendant and to discourage future misconduct

• date last insured: the cut-off date that the social security disability applicant must convince the SSA that they are disabled
• deposition: a statement, under oath, to an authorized officer

• discovery: steps taken to get disclosure of evidence before a trial

• defendant: the person or company who is being sued in a civil case and is required to answer a legal action
• disability: as defined by the Social Security Administration it's the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
• dispute: argue or oppose
• docket: a log or journal containing the complete history of court proceedings of each case with brief chronological entries, as prepared by the judge or clerk court
• ergonomics: designing and arranging workplace materials so that it is most efficient and physically comfortable for the employee
  
• evidence: information such as documents, objects or testimony that is presented in a trial and is used to prove facts
• exhibit: a document or item that is presented as evidence during a court proceeding
• finding: the formal result reached by a judge or a jury
  

• hearing: the opportunity in court to be heard and to present your side of the case
• judgment: a formal decision by a judge or court
• litigation: a case or lawsuit in a judicial process
• maximum medical improvement (MMI): term used by a doctor meaning that you're as good as you're going to get
  
• mediation: intervention between people who disagree with the end goal of reconciliation, settlement or compromise
• medical expert: a qualified person in the medical field of your impairment who may testify at the hearing and can help you in presenting evidence.
• motion: a request made to a judge to get an order to have an action taken
• negligence: acting without reasonable common sense
• notice: a formal announcement of a legal proceeding
• OASDI Old Age, Survivors & Disability Insurance: the official name of the Social Security program
  
• opinion: a written statement by a judge regarding the legal reasons on which a decision is based
• order: written direction by a court or judge
• petition: a formal written request made to a judge or court for action
  
• plaintiff: the person who files a complaint with the court
• procedure: a series of steps required for conducting a lawsuit
• residual functional capacity: an assessment of a person's ability to do sustained work-related physical and mental activities in a work setting on a regular and continuing basis -- for 8 hours a day, for 5 days a week (or an equivalent work schedule).
• sanction: a penalty or other enforcement used to compel someone to cooperate with the law, rules or regulations
• settlement: resolving a dispute without a trial which usually includes payment by the defendant to the plaintiff with no admission of fault.
• SSI: Supplemental Security Income gives benefits to adults (and their children) who earn a limited income. Adults without disabilities who are older than 65 can also receive this benefit if the financial guidelines are met.
• statute of limitations: a certain timeframe where you have enforceable rights
• stipulation: a condition or requirement of an agreement or an offer
• subpoena: a command, issued by the court, to a witness to appear and give testimony
• substantial gainful activity (SGA): work that must involve doing significant and productive physical or mental duties for pay or profit. For 2010, the minimum SGA earning level is $1,000/monthly gross wages for people who have disabilities other than blindness.
• testimony: a witness' account either in person or by an affadavit
• verdict: the decision of a final judgment on a case
• vocational expert: he or she works independently at a SSD hearing and gives impartial expert opinion concerning how an individual's impairments -- both physical and mental -- affect work ability.
  
• witness: a person who is asked by either side of the case to give testimony to the court by sharing personal knowledge