The Law Offices of Cory A. DeLellis The Law Offices of Cory A. DeLellis 2026-06-03T16:37:54Z https://www.corydelellislaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104519/2025/09/cropped-siteicon-32x32.png On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[How many SSDI applicants get benefits during an appeal?]]> https://www.corydelellislaw.com/?p=48363 2025-07-29T20:51:44Z 2025-07-29T20:51:44Z Many applicants prevail in appeals The SSA provides statistical information about the outcome of applications. Information looking at claims submitted between 2010 and 2019 shows a relatively low initial approval rate. Only approximately 21% of applicants receive benefits when they initially apply. Appeals increase the overall approval rate to 31%. The SSA reports that approximately 2% of applicants obtain benefits through a reconsideration performed by SSA employees. Another 8% of applicants prevail when they attend hearings in front of administrative law judges. A successful appeal leads to future benefit payments. Applicants may even be eligible for backdated benefits. They have an opportunity to correct paperwork mistakes, undergo additional medical testing and even secure the testimony of witnesses who can validate their claim that they cannot work. Particularly if the applicant applied on their own initially, they may want to secure support when they pursue an SSDI benefits appeal, and that’s okay. Correcting prior issues and gathering additional evidence can increase the likelihood of a successful appeal.]]> On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[Common reasons why SSDI for mental health issues is denied]]> https://www.corydelellislaw.com/?p=47467 2025-07-14T15:27:08Z 2025-07-14T15:27:08Z Physical disabilities are usually noticeable, and no one questions how they impact a person’s ability to work. Mental health conditions can be a little more difficult to diagnose; however, they can be just as debilitating. For someone suffering from a mental health issue, trying to get Social Security Disability Insurance (SSDI) can be challenging. Here are some common pitfalls and how you can avoid them.

1. Insufficient medical evidence

One of the primary reasons an SSDI is denied is a lack of supporting medical documentation. The Social Security Administration (SSA) requires compelling proof that your mental health condition significantly impairs your ability to engage in any meaningful work. The SSA requires extensive documentation, including:
  • Medical records 
  • Diagnosis from a qualified mental health professional
  • Psychiatric evaluations
  • Treatment notes
Incomplete or unsupported medical records that fail to demonstrate the severity of your mental health condition can lead to your claim’s denial. Make sure your doctor or mental health provider meticulously documents the details of your diagnosis and how it impairs functionality.

2. Lack of consistent treatment

Severe mental health conditions require regular treatment. If you are sporadic in following up with your mental health provider, the SSA may interpret this as a lack of severity. Sometimes, this may be due to financial hardships or difficulties accessing mental health services.  You should be able to explain the circumstances surrounding your gaps in treatment when you submit your application.

3. You don’t meet SSA’s criteria 

The SSA uses the “Blue Book” to determine if an applicant’s mental health condition qualifies as a disability. Each one has criteria that need to be met to prove it affects your ability to function in a work environment. Review the blue book’s requirements with your healthcare provider to ensure your documentation matches the SSA’s definitions and criteria.]]> On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[How to prove you can’t work in an SSD claim]]> https://www.corydelellislaw.com/?p=47465 2025-06-27T16:03:19Z 2025-06-27T16:03:19Z You may be eligible for Social Security Disability (SSD) benefits if a physical or mental condition prevents you from earning a substantial income. However, it’s not enough to simply say you can’t work because you’re in pain or struggling. The Social Security Administration (SSA) requires clear, detailed evidence that your limitations prevent you from earning above a certain monthly amount.  You’ll need to demonstrate how your condition makes it difficult to perform basic tasks, such as concentrating, following instructions, sitting or standing for extended periods or managing physical tasks for hours at a time. Here’s how you can show your inability to work and build a strong SSD claim.

Keep detailed medical records

The SSA heavily relies on medical evidence to determine whether your condition truly prevents you from working. As such, it’s essential to have formal records that outline your diagnosis, symptoms and how your limitations affect your ability to function in a work setting.  Ensure your medical history reflects not only your current state but also how your condition has progressed over time. Regular doctor visits, consistent treatment and following your provider’s recommendations can help reinforce the seriousness of your situation.

Describe your daily challenges clearly

Go beyond the diagnosis by explaining how your condition affects your daily life. Can you cook for yourself? Can you focus long enough to complete a simple task? Do you need help getting dressed, walking or remembering things? Such details can help paint a clearer picture of why sustaining any meaningful work has become unmanageable.

Third-party accounts can also help

Statements from people who know you well, such as family, friends or former coworkers, can support your claim. They can describe noticeable changes they’ve observed in you, such as increased fatigue, a decline in mobility or how your mood or memory has changed. This can make your claim more relatable and convincing.  Similarly, a vocational expert’s opinion can go a long way in showing how your condition affects your ability to perform any kind of job, not just the one you used to have.

Don’t go it alone

SSD rules are complex and quite demanding. A seemingly minor oversight, like a missing detail or vague explanation, can lead to unnecessary delays or even a denial. Having qualified legal assistance early in the application process can help you build a well-documented claim that gives you a better chance of being approved.]]> On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[Why do SSD claims get denied?]]> https://www.corydelellislaw.com/?p=47463 2025-06-26T15:42:21Z 2025-06-26T15:42:21Z Filing for Social Security Disability (SSD) benefits can feel overwhelming. It’s even more frustrating when your claim is denied.  With a lot of things happening that can push you to file for an SSD claim, understanding why the Social Security Administration (SSA) rejects claims can help you avoid common mistakes and improve your chances of success.

The most common reasons why claims are denied

There are several reasons why an SSD claim would be denied. Here are some of the most common reasons.

Missing or incomplete medical evidence

Your medical records are the foundation of your SSD claim. Without detailed, up-to-date documentation, your case may fall short. Many claims get denied because they don’t include enough proof that your condition stops you from working. This might mean missing test results, vague doctor notes or gaps in treatment history. The SSA needs a clear picture of your health and how it affects your ability to work. Make sure your file has complete medical records, including statements from doctors that explain your daily limitations.

High income

Even if you’re disabled, earning too much can hurt your claim. SSD benefits are only for people who can’t perform substantial gainful activity (SGA). In 2025, the monthly limit is $1,550 for non-blind individuals. If you earn more than that, the Administration would likely deny your claim. Track your income carefully if you're working part-time or freelancing to stay under the SGA limit.

Ignored prescriptions and medical advice

Not following your doctor’s treatment plan can lead to denial. If the SSA sees that you’re skipping medications or therapy without a valid reason, they might assume your condition could improve. That weakens your claim. Only certain situations, like serious side effects or lack of access to care, may justify not following treatment. Keep detailed notes if this applies to you.

Short-term injuries

Your condition must last — or be expected to last — at least 12 months or lead to death. Short-term injuries or temporary health issues don’t qualify for SSD. If your condition is expected to improve, the SSA may deny your claim. Ask your doctor to document the long-term effects of your condition clearly.

Paperwork errors or missed deadlines

Simple mistakes can cost you benefits. Late paperwork, incorrect forms or missing SSA requests are common reasons for denial. The SSA follows strict timelines, and small errors can derail your application. Stay organized and consider working with an advocate to avoid critical missteps. Regardless of why your claim was denied, keep in mind that you have the option to appeal the denial. 

Take control of your claim

Knowing the top reasons for denial gives you a better shot at approval. Be honest, detailed and timely. If the SSA denies your claim, remember that you can appeal — and many people win on the second try. If you’re unsure how to move forward, speaking with an experienced disability attorney can help you understand your options and avoid costly mistakes.]]> On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[How can a symptom journal help disability applications?]]> https://www.corydelellislaw.com/?p=47461 2025-06-20T09:44:41Z 2025-06-20T09:44:41Z Someone who’s filing for Social Security Disability Insurance (SSDI) is likely experiencing symptoms that make life difficult to live. Being able to show how those symptoms affect your life and limit your ability to work might be beneficial if you’re applying for SSDI.  A symptom journal doesn’t have to be complicated. It can be handwritten, typed or kept using an app. The key is that you need to show exactly how the effects of your conditions limit your abilities. A symptom journal that’s consistent and concise may be highly effective. 

What should be included in a symptom journal?

A symptom journal should include information about all symptoms you experience. Note the type of symptom, its severity, how long it lasted and what, if anything, helped relieve it. This helps paint a picture of what daily life is really like with your condition. It may make it easier for non-medical professionals to understand what you’re going through if they can see your symptom journal.

How would a symptom journal be considered?

Examiners in SSDI claims need to determine if the condition is affecting your ability to function and hold a job. They need to see long-term and ongoing limitations. This often goes deeper than just reading what happens at a doctor’s visit.  A symptom journal provides a detailed timeline of what symptoms you experience and when. When you’re documenting the symptoms, remember to include ones that are caused by the medications you take to manage your condition.  Besides helping with an SSDI application, the symptoms journal may also help your medical care team. They can look for patterns that may help them to find better options for managing your condition.  Applying for SSDI is often a complex undertaking. Many people are denied, even if they meet the requirements to receive benefits. Working with someone who’s familiar with these matters may be beneficial if you have to fight for the benefits you need. ]]> On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[Documentation needed for Social Security Disability Insurance]]> https://www.corydelellislaw.com/?p=47458 2025-06-04T20:33:26Z 2025-06-04T20:33:26Z People who have received a suitable number of credits from the time they’ve worked may qualify for Social Security Disability Insurance (SSDI) benefits if they have an injury or condition that meets the criteria set by the Social Security Administration.  Anyone who has to apply for SSDI should be prepared for a lengthy process, but it might be possible to reduce the wait by providing the proper documentation from the start of the application. When an application is submitted with incomplete or inaccurate information, it can significantly delay the process. 

What documentation should you gather?

You need to provide basic documentation to prove your identity and work history. This includes things like your photo identification, birth certificate, Social Security number, recent tax forms and a detailed work history.  You also need to provide information about the illness or injury that’s the basis of your claim. This includes the correct names for each one, as well as the name and contact information for all healthcare providers who have treated you. You’ll likely need to provide detailed information about treatments, hospitalizations and procedures, including the dates, locations and results.  It's usually a good idea to list the medications that you’re taking and letters from your healthcare providers that explain the functional limitations you have. Providing a daily log of your activities may also be beneficial.  Any missteps during the application process can result in delays. Because of this, it might be best for anyone applying to have someone on their side who can help them with the application process and any potential appeals that need to be filed if the application is denied. ]]> On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[What is the definition of disability in the SSDI context?]]> https://www.corydelellislaw.com/?p=47456 2025-05-23T09:49:22Z 2025-05-23T09:49:22Z If you are thinking about applying for Social Security Disability Insurance (SSDI), one of the first things to understand is how disability is defined. SSDI follows a very strict standard, and not every medical condition will qualify. Knowing what the Social Security Administration looks for can help you better prepare for the application process. SSDI is designed for people who can no longer work due to a long-term or severe health condition. This definition is different from what you might find in private insurance policies or short-term disability plans.

Qualifying disability rules

SSDI benefits are only available to individuals with total disabilities. To qualify, all of the following must be true:
  • You cannot work at a substantial gainful activity (SGA) level: This means you are unable to earn above a set monthly income because of your medical condition. The SSA uses SGA limits to determine whether your condition interferes with your ability to perform basic job functions.
  • You are unable to return to work you did previously: The SSA will consider your job history to see if your condition prevents you from doing the kind of work you’ve done in the past. This includes not just physical demands but also the mental and emotional requirements of the job.
  • You cannot adjust to other types of work: Even if you can’t do your past job, the SSA will evaluate whether you could reasonably switch to other work based on your age, education and job experience. If your condition limits this ability, it strengthens your claim.
  • Your condition has lasted or is expected to last at least 12 consecutive months or result in death: Temporary conditions or short-term setbacks will not qualify. SSDI is reserved for long-term or terminal conditions that create a sustained barrier to working.
Legal guidance can help determine whether your condition meets the SSDI definition and how to present strong medical and work-related evidence for your claim.]]> On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[How long do SSDI benefits last?]]> https://www.corydelellislaw.com/?p=47454 2025-05-12T15:32:05Z 2025-05-12T15:32:05Z Social Security Disability Insurance (SSDI) benefits allow people unable to work due to a physical and/or mental condition to meet their needs. But how long do these benefits last? Can some factors cause you to no longer be eligible for them? Here is what to know:

You will be covered as long as you are deemed disabled

SSDI benefits continue as long as you are deemed disabled, which means you can’t engage in substantial gainful activity (SGA) due to your medical condition. As of 2025, the federal government considers average earnings of $1,620 or more per month or $2,700 or more per month for employees who are blind to be substantial. You can go through a nine-month trial work period (TWP) from the first month you are entitled to benefits or the month you file for benefits, whichever is later. During this trial, you can work and earn while still receiving SSDI benefits.  The nine-month period does not have to be consecutive. However, you have to complete it within a 60-month rolling period. You will report your work activities to the Social Security Administration (SSA).  If, after completing TWP, you do not earn a substantial income, you will begin the Extended Period of Eligibility (EPE), which lasts for 36 months to continue testing your ability to work without losing your SSDI benefits. Note that SSA will suspend cash benefits for any months you earn over the substantial level.

You will be covered until your medical condition improves

You are required to report to SSA any improvement in your medical condition or if you return to work. This ensures only individuals with a qualifying disability continue to receive benefits.  SSDI benefits can be crucial. If you are applying or your application has been denied, legal guidance can help you make informed decisions. ]]> On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[What happens at an SSA disability hearing? ]]> https://www.corydelellislaw.com/?p=47451 2025-05-06T00:52:24Z 2025-05-06T00:52:24Z Applying for Social Security Disability benefits can feel intimidating, especially when a hearing is part of the process. Many people worry about what to expect and how things will go. The idea of explaining your condition in front of a judge may sound stressful, especially when so much is at stake.  For California residents, the hearing is a step after an initial denial. It offers a chance to tell your story in your own words and present evidence that shows why you need support. Understanding how the hearing works can help ease some of the fear and make you feel more prepared. 

The room is not as scary as it sounds 

Despite what some may imagine, disability hearings in California are not held in big courtrooms. Most take place in small conference rooms or are held via video calls. The setting is quiet, private and not open to the public, which can help ease the anxiety of many applicants. The people involved are usually limited to a few key individuals: 
  • The Administrative Law Judge (ALJ): This is the person who will listen to your case and decide if you qualify for benefits. 
  • You (the applicant): You may be asked to speak about how your condition affects your daily life. 
  • Your attorney or representative (if you have one): They help guide you through the process and speak on your behalf. 
  • A vocational expert: This person may speak about whether you can do any type of work with your condition. 
  • A medical expert: They are sometimes called to give insight into your medical history and limitations. 
The judge may ask you questions about your health, your work history and how your condition affects your ability to function. They are not trying to trick you but want a clear picture of your situation.  You do not need to memorize details or speak perfectly. What matters most is honesty and showing how your condition impacts your life. After a disability hearing, most applicants can expect a decision within two to three months, though it can sometimes take up to four months, depending on the judge's workload and how complex the case is.  Having legal support can ease confusion and improve your chances of approval. With legal guidance, you will know how to present your case clearly, ask the right questions and respond to experts during the hearing. ]]> On Behalf of The Law Offices of Cory A. DeLellis <![CDATA[Are pregnant people ever eligible for SSDI benefits?]]> https://www.corydelellislaw.com/?p=47448 2025-04-24T17:46:50Z 2025-04-24T17:46:50Z Pregnancy by itself does not qualify someone for Social Security Disability Insurance (SSDI) benefits. However, pregnant individuals may be eligible for benefits if they are also grappling with a medical condition—either related to the pregnancy or separate from it—that meets the Social Security Administration’s (SSA) definition of a disability and prevents them from working accordingly. To receive SSDI, a person must show that they have a severe, medically determinable impairment that is expected to last at least 12 months or result in death. Since pregnancy is a temporary condition, it generally does not meet that standard. But complications from pregnancy or pre-existing health conditions that worsen due to pregnancy may render a pregnant individual eligible for assistance.  For example, a pregnant person dealing with severe complications such as preeclampsia, gestational diabetes or placenta previa might qualify for SSDI if their condition is especially serious and leads to long-term health issues. In these situations, the SSA will evaluate the underlying medical issue rather than the pregnancy itself. If the condition continues well beyond delivery and significantly limits the person’s ability to work, it may be considered disabling. It is also common for individuals who were already living with a chronic illness—such as lupus, multiple sclerosis or a heart condition—to experience worsening symptoms during pregnancy. If the combined effect of the pregnancy and the pre-existing condition leads to long-term disability, an SSDI claim may be appropriate. The key is proving that the impairment is expected to last for at least one year and prevents the person from performing substantial gainful activity.

Taking action

If you are pregnant and believe your medical condition may qualify for SSDI and/or state benefits, it is wise to speak with an experienced legal team as proactively as possible. SSDI claims involving pregnancy complications or overlapping conditions can be difficult to navigate, and legal guidance can help you to move forward as effectively and efficiently as possible. ]]>