The Law Offices of Cory A. DeLellisThe Law Offices of Cory A. DeLellis2024-03-15T07:36:50Zhttps://www.corydelellislaw.com/feed/atom/WordPress/wp-content/uploads/sites/1101449/2020/06/cropped-site-identity-32x32.jpgOn Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472642024-03-15T07:36:50Z2024-03-15T07:36:50ZMany people rely on Social Security Disability Insurance (SSDI) for financial stability when a medical condition prevents them from working. However, obtaining these benefits can be difficult when the Social Security Administration (SSA) denies a claim. They may do so for one of the reasons we discuss below.
Insufficient medical evidence
The SSA relies heavily on medical documentation. Therefore, they may deny applications for:
Missing medical records
Incomplete treatment history
Insufficient evidence demonstrating the severity of the disability
Factors like a massive backlog prevent SSA workers from reaching out to applicants for more information or clarity. Instead, they may just deny the claim and move to the next case.
Failure to follow the treatment plan
Applicants should participate actively in their prescribed treatment plan. Neglecting recommended care and procedures may raise questions about the legitimacy of the disability.
Not meeting work requirements
SSDI is for individuals with a work history who have recently paid into the Social Security system. Exceeding a specific income threshold due to part-time work or not having enough work credits may result in disqualification.
Submitting multiple applications
Applicants who submit multiple SSDI applications instead of filing for an appeal may be denied again. Generally, applicants have 60 days after receiving the notice of decision. There are four levels of appeal: reconsideration, hearing by an administrative law judge, review by the Appeals Council and a Federal Court review.
Residual functional capacity (RFC)
The SSA assesses an applicant’s ability to perform specific work-related tasks. If the evaluation concludes that the individual can perform some form of work, even with limitations, the SSA may not consider the applicant fully disabled for SSDI purposes.
Misconceptions about SSDI
Some people might believe that any medical condition qualifies for benefits or that the program is solely for severe disabilities. Understanding the specific criteria and limitations of SSDI is crucial to avoid unrealistic expectations and potential denial. The SSDI application process can be complex. However, knowing the potential reasons for denial can help individuals prepare accordingly. Further, legal guidance can be valuable for those applying or filing an appeal after a denial.]]>On Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472622024-03-11T16:11:47Z2024-03-11T16:11:47ZSocial Security Disability system provides several appellate avenues, giving you multiple opportunities to pitch your case for benefits. Your first step in the appellate process is to request reconsideration of your claim denial. Here, you’ll get a second chance to present your case and any newly acquired evidence to someone who wasn’t involved with your initial claim determination. But how do you ensure that you’re putting forth the best case possible during your claim reconsideration?
How can you win your disability claim during the reconsideration phase?
There’s nothing you can do that will guarantee you a win on appeal. However, taking the following steps could put you in a better position to have your denial reversed during reconsideration:
Filing your appeal timely: This might seem ridiculous to say, but you’d be surprised at how many people miss out on SSD benefits simply because they wait too long to file their appeal. Typically, you have 60 days from the time that you receive your denial letter to file for reconsideration. So, remember that the clock is ticking and that now is the time to gather additional evidence.
Assessing the justification for your claim denial: When reading your claim denial letter in conjunction with the evidence you presented, you should have a strong understanding of where your claim fell short. Once you’ve figured out exactly why the government denied your claim, then you can work to gather evidence to fill in the gaps that jeopardize your disability benefits.
Gathering and submitting your complete medical record: You want the evaluator in your case to have a complete picture of your medical condition. If you neglect to send in your most recent medical records or documentation showing your history of treatment, then you might fail to meet the government’s disability eligibility requirements for your specific condition.
Writing a persuasive appeal letter: You’ll have the opportunity to argue why you deserve disability benefits. You’ll do this in written form. When making this argument, be sure to address the unique eligibility requirements for your condition with your strongest evidence. Also, highlight how any deficiencies that led to initial claim denial have been remedied. Your persuasiveness here could very well tip the scales in your favor, thereby allowing you to recover the benefits you need and deserve.
Don’t be scared of the disability appeals process
Getting hit with a disability claim denial can be disheartening, to say the least. But you don’t have to let it completely derail your ability to recover the benefits you need. Just educate yourself on the process so that you know what to expect and how best to build your case. If you’re uneasy with the thought of doing that, don’t worry. You can find support throughout the process so that you can have your questions answered and your case solidly prepared and presented.]]>On Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472532024-03-07T05:50:00Z2024-03-06T18:43:58ZExperiencing a loss of income due to a disability can be stressful. It can be tough when you're unsure where to turn for financial assistance. Social Security Disability Insurance (SSDI) may help when you can't work due to a disabling condition. However, qualifying for these benefits often relies on an assessment known as the Residual Functional Capacity (RFC).
Understanding what the RFC is
The RFC is an evaluation guided by the standards of the Social Security Administration (SSA). It measures the highest level of activity you can still perform despite your disability. This assessment covers what you can't and can still do. It considers your limitations in work-related activities and more. The RFC takes into account physical abilities such as your capacity to lift, stand, walk or sit. It also includes everyday tasks like cooking, shopping and personal hygiene.
Its impact on your SSDI claim
When evaluating your Social Security claim, the SSA uses the RFC evaluation to determine if there's a job that you could perform according to your current limitations. If it's determined that you can't perform your past work or any other work, you may be eligible for disability benefits. However, if the assessment says you are capable of doing some tasks, just not those of your previous job, this could influence the result of your claim.
For instance, if you can do less strenuous work such as an office job, even though you previously worked in a physically demanding position, they might deny your claim for benefits.
This is because the SSA might consider that, despite your limitations, you are still capable of making a living through less demanding work. So, according to their guidelines, you would not meet the criteria for disability benefits.
Helping you get benefits
Remember, your claim involves more than just proving that you cannot do your past job. It's about proving your condition prevents you from doing any job. Consider seeking a legal professional during this process. They can help you complete your RFC and properly document all your limitations.]]>On Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472512024-02-22T15:18:09Z2024-02-22T15:18:09ZIs bipolar disorder a disability?
The Social Security Administration (SSA) recognizes bipolar disorder as a disabling condition. However, you must pass the SSA’s evaluation and stringent requirements to qualify for benefits. The SSA will assess various factors such as how much you are able to earn with your condition, the impact it has on your performance, your ability to perform basic tasks and if you can execute other kinds of jobs.
Having bipolar disorder does not necessarily mean a person cannot work. If the SSA determines you can hold other occupations, you may not qualify for benefits.
On the other hand, you could be eligible for financial assistance if your symptoms prevent you from pursuing most or any job. Medical documentation and records of how bipolar disorder disrupts your work and daily life may help move your case forward.
Establishing the severity of your bipolar disorder
To strengthen your SSD claim, you must demonstrate how bipolar symptoms affect your employment. The following are some crucial documents that may help support your claim:
Residual Functional Capacity: A medical examination that checks for physical and mental limitations and ability to work.
Personal medical journal: A detailed log of the symptoms you experience and how they limit or affect your daily life and work.
Disability letter: Documents from a doctor that validate the severity of your condition.
Applying for SSD benefits with bipolar disorder can be a slow and difficult journey. You will have to gather and complete numerous documents and wait for a long time before hearing back on your application.
If you are considering SSD benefits, working with an attorney may help improve your chances of success. They can help strengthen your case, make the process more manageable and support you until your application is complete.]]>On Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472492024-02-07T14:07:09Z2024-02-07T14:06:19ZHow psoriasis can affect employment
Psoriasis is a chronic inflammatory condition that results in an overproduction of skin cells that itch, sting or burn. Many individuals with psoriasis also have psoriatic arthritis (PA) which causes pain and stiffness in the joints. Beyond the skin, psoriasis can also affect other organs, such as the lungs, heart, kidneys, and eyes.
At work, these symptoms are magnified. Resting your arms on the table to use a computer could aggravate any inflammation on your elbows. If psoriasis impacts your joints, it could be very painful and tiring to complete your work duties.
Although treatments can help make psoriasis manageable, the reality is that it is a lifelong condition. Over time, it might not only hurt your work performance but might also make it harder for you to retain steady employment. A study by the National Psoriasis Foundation (NPF) reveals that almost 50% of individuals with psoriasis miss work regularly, while others are unemployed or working part-time.
Securing SSDI benefits can provide monthly cash payments that you can use to support yourself while you are unable to work. If you find yourself wanting or able to return to work later, the program allows you to take a trial period without losing benefits.
However, receiving an SSDI approval requires proving how your situation significantly limits your ability to perform work. A single doctor’s diagnosis may not cut it. It’s a lengthy, rigorous process that requires collecting extensive medical evidence, from a list of medications to lab test results to doctor’s reports.
The stress of trying to keep a job while dealing with psoriasis can become unbearable. Pursuing SSDI benefits could provide the support you need. If you face difficulties with your application, remember that help is available.]]>On Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472472024-01-30T10:11:19Z2024-01-30T10:10:24ZCan you apply for disability benefits without work experience?
To be eligible for SSDI benefits, you must have worked a job that contributes to Social Security and have a health condition that the Social Security Administration (SSA) agrees is a disability. An employment history is necessary because SSDI operates as an insurance program funded by tax contributions deducted from employee paychecks.
Additionally, you must have enough work credits to receive SSDI benefits. You accumulate work credits as you earn your income. In 2024, you get one credit for every $1,730 you make. You can receive up to 4 credits in a year.
The age when your disability began matters. In most cases, you would need at least 40 credits, and 20 of those should be from the last ten years before your disability began.
On the other hand, if you developed a disability before you were 28 years old, you may need fewer credits to apply. Depending on your situation, you could be eligible with just one and a half years of work and somewhere between six to 12 credits.
As you can see, you would not have been able to contribute without employment. If you have some experience, you may still try to apply. Work credits are not the only criteria. The SSA will also consider other factors, such as the severity of your disability.
What are your options if you have no work experience?
If you’ve never held a job and do not earn enough to get by, you could be eligible for Supplemental Security Income (SSI). Unlike the SSDI, you do not need work credits to receive these benefits. Instead, it aims to support both adults and children with disabilities who have little to no income or resources.
It can take three to six months to receive a decision on your application. Therefore, it’s crucial not to make mistakes in your application that may further delay you from getting paid.
SSDI benefits can be a financial lifeline that helps you get by daily. If you find the SSA process challenging, consider tapping into legal avenues for assistance.]]>On Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472422024-01-17T12:45:08Z2024-01-17T12:45:08ZTwo factors can impact their decision-making process, including:
Capacity to work - Specific timelines can help determine if someone has recovered their capacity to work, calling for a trial work period (TWP) that often lasts nine months. Completing this duration can mean that the individual returned to work and was able to surpass the substantial level.
Physical condition - Some disabilities can be temporary, which Social Security can monitor through medical records through time. If the treating physician considers an individual fully recovered from the disability, Social Security can stop their benefits.
Still, there can be wide variations when determining if someone meets these conditions, especially if specific circumstances can make it unfair to suspend the benefits.
Determining the most appropriate arrangement
Seeking legal counsel can be helpful for any issue or disagreement concerning SSD benefits. These problems may arise when Social Security requires additional paperwork or evidence that can reflect the actual severity of an individual's condition. Legal guidance can help determine necessary documents and how applicants can obtain them properly. After gathering all the required information, Social Security can decide the most appropriate arrangement.]]>On Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472352024-01-12T23:42:58Z2024-01-12T23:42:58ZCriteria for you to qualifyIn a single year, you can earn up to four work credits, one credit per quarter of working. For example, in 2024, you gain one credit for each $1,730 earned. Once your earnings hit $6,920, you will then have four credits for the year. However, earning work credits isn’t the sole requirement for SSDI. The number of credits you need also depends on your age when you become disabled. Generally, you need 40 credits, and half of those should be from the last 10 years before your disability. Younger individuals, however, might qualify with fewer credits.For example, if you earned four work credits annually from 2012 to 2017 and then stopped working, you’d be “insured” for SSDI for the next five years. This makes the year 2022 your “date last insured.” To qualify for SSDI benefits, you must prove that your disability started before 2022.
Consider all factors to seek the benefits you need
In essence, while work credits are essential in the SSDI benefits equation, they’re not the only consideration. Your age at the onset of disability and the severity of your disability are equally important. So, it’s important to consider seeking the help of an attorney experienced in SSDI claims to assist you with your claim.]]>On Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472332024-01-09T10:49:26Z2024-01-09T10:49:26Zdisability review.
Know the facts about a disability review
Just as a person’s condition will be scrutinized when they first apply for disability benefits, the disability review will again look at the facts, ask that the person take part in medical examinations, that they provide evidence regarding their progress and a decision will be made. Often, the benefits will continue unabated. In other cases, they will stop.
The reviews and when they take place hinge on the expectation of improvement. Those who have a condition that is expected to improve will have a review within six to 18 months from the date in which they were disabled. This is for people with broken bones, internal injuries or an illness from which it is reasonable to believe they will get better.
Those who have a condition in which improvement is possible but not guaranteed, the review will generally be conducted every three years. Someone with a persistent back issue could fall into this category. It also applies to those who have mental impairments where they could benefit from treatment, but might not.
Those for whom there is no reasonable expectation of improvement – a quadriplegic for example – will be reviewed every seven years and it is generally a formality. Those in this condition should not worry that they will lose their benefits.
The review is like the initial determination except the person’s progress will be assessed with medical reports, information and their activities. Just as ambiguity will warrant a special examination when first applying, the review could also require a special examination.
If it is determined that the treatment, vocational training and medical care has helped the person sufficiently so they can get back to work, the benefits will stop. They will also stop if there was mistake leading to the application being approved, the person is not adhering to the treatment protocol, there was misleading information provided, or the person is working and their average earnings surpass substantial gainful activity level. The person can go through the appeals process of reconsideration, a hearing, going before the Appeals Council or a lawsuit in federal court if the benefits stop.
Be prepared for a disability review
It is natural to be fearful about this process, but knowing the facts can assuage their worry. If there are issues or the benefits stop, it is important to understand the available options. It is useful to understand the Social Security Disability process and how the SSA assesses cases even if the person is receiving benefits and is still having issues. Cases and disability reviews are unpredictable, so it is wise to be aware of the process and know what can be done in every circumstance to continue getting SSD benefits.
]]>On Behalf of The Law Offices of Cory A. DeLellishttps://www.corydelellislaw.com/?p=472282023-12-21T18:43:15Z2023-12-21T18:43:15ZYour disability interview is crucial in applying for Social Security Disability Insurance (SSDI) benefits. After submitting your application, you'll receive a letter from the Social Security Administration (SSA) informing you of your interview schedule and what you need to bring. To increase your chances of approval, there are certain actions you should refrain from completing. Otherwise, you risk rejection of your application.
Making you ineligible for benefits
The disability interview is a major step in your SSDI claim. So, you want to avoid any mistakes that could hurt your chances of getting approval. Here are some of the top mistakes to avoid in the disability interview:
Not being prepared: You should review the Adult Disability Interview Checklist before your interview and ensure all the required documents and information are ready. These include various documents you need to bring to verify your condition. Missing documents may risk your benefits.
Not being honest: You should be truthful and consistent in your answers during the interview. Exaggerating, downplaying symptoms or omitting relevant information could lead to discrepancies and a delay or denial of your claim.
Not being specific: You should provide detailed information about your medical condition and avoid vagueness. Instead, use concrete examples, such as when your medical condition prevented you from working. By being specific, you better help the SSA understand and evaluate your claim.
Not being cooperative: You should cooperate and communicate with the representative during the interview. Avoid being rude, defensive or unresponsive. Remember, the representative is there to help you. Being uncooperative and rude could leave a wrong impression on the interviewer and potentially delay the progress of your application.
Not having representation: You have the right to have a representative, such as a lawyer or an advocate, to assist you with your claim. A representative can help you prepare for the interview and appeal unfavorable SSA decisions. While not legally required, not having a representative can reduce your chances of successful claim approval.
The disability interview is integral to your SSDI claim. So, you want to make sure you do it right. Avoiding these mistakes can help improve your chances of getting approved and receiving the benefits you deserve. You can consult an SSDI attorney to help guide you through the claims process.]]>