Social Security Disability Blog

Patrick P. O’Carroll, Jr., the Social Security Administration (SSA) Inspector General, has been pursuing efforts to combat the recent increase in Social Security-related Internet fraud. He recently announced that his office has been successful in these efforts. Since the beginning of 2012, the Office of the Inspector General (OIG) has shut down or forced compliance for 25 websites that were in violation of the Act.   It is important to note that there are still many of these sites in existence, though the OIG is focused to eliminate all fraudulent websites.

Under Section 1140 of the Social Security Act, it is illegal for any person, group, or entity to falsely represent their intention or imply any connection to the SSA when none exists. It also makes the fee-based reprinting, distribution, or reproduction of SSA forms illegal. There has been a drastic increase in websites that deceives consumers by requiring payment for documents which the SSA offers at no-cost or creating the assumption that the website is an official SSA site

As dedicated Social Security disability lawyers, we understand how confusing the SSD process can be and it is very easy to be misled by these fraudulent websites. Unfortunately, many individuals think they are applying for benefits or taking other action through these third-party sites; however, it can actually prevent you from receiving the disability benefits you need.

For over 10 years, the attorneys and legal team at Marasco & Nesselbush have dedicated their careers to helping thousands of clients obtain Social Security disability benefits. We can navigate the complexities of the SSA system with ease while you focus on your health and well-being. We are committed to our clients and dedicated to ensuring that our clients’ trust in our ability is rewarded with the legal results they deserve.

On March 22, 2013, the Rhode Island Brain Injury Association (BIA) will be holding its 12^th annual statewide brain injury conference at the Crowne Plaza Hotel in Warwick. This year’s conference, entitled “Together Towards Tomorrow: Meeting the Challenges of Brain Injury,” will feature speakers on a variety of topics relevant to individuals affected by brain injury. A few of the speakers and topics of this year’s event include:

• Nicholas D. Schiff, M.D. – Understanding the Recovery of Consciousness
• Austin Errico, Ph.D. – Maintaining a Therapeutic Relationship When Your Buttons are Being Pushed
• Cathy Stern, FCOVD, Doctor of Optometry – See Better, Learn Faster, Work Smarter: Vision Rehabilitation After Brain Injury

Brain injuries carry long-term health issues and have the ability to completely alter a person’s life. Cognitive processes, emotions and movement can be completely and permanently changed, potentially leaving individuals with brain injuries to face permanent disabilities they must manage for the rest of their lives. Having resources like the BIA of Rhode Island can help individuals with brain injuries find the information and the resources they need to cope with their condition.

BIARI is a valuable organization which provides individuals impacted by brain injury with help they need to overcome the challenges they face. Our firm proudly and actively supports the great work that it does and will be at the 12^th Annual Brain Injury Conference. We will have a table where we will discuss the issues surrounding brain injury with healthcare providers and individuals alike.

At Marasco & Nesselbush, our attorneys understand how a disability can alter your life and the lives of your loved ones. If you or a loved one has become disabled as the result of a brain injury or other incident, our Social Security disability legal team can help you obtain the disability benefits you need to support the best quality of life possible. Call us today at (401) 274-7400 to discuss your particular circumstances. We are dedicated to providing you with the help you need to resolve your situation.

In continuing support for those affected by heart disease, the dedicated attorneys at Marasco & Nesselbush would like to focus on helping their New England communities develop and maintain healthy lifestyles.

Affecting 26.5 million Americans, heart disease is a serious condition that may result in life-altering consequences. It can even result in death. According to the Centers for Disease Control and Prevention (CDC), 1 in every 4 U.S. deaths is caused by heart disease. With statistics such as these, it is important to make healthy choices each day.

While making heart-healthy choices is a vital piece to help prevent heart disease, it is equally important to know and understand the risk factors associated with heart disease as well. According to the American Heart Association, certain risk factors can significantly increase the risk of heart disease. These factors include:

1. Age
2. Gender
3. Family history
4. High blood pressure
5. High blood cholesterol
6. Obesity and being overweight
7. Physical inactivity
8. Diabetes
9. Smoking

While age, gender and family history cannot be changed, the remaining risk factors may be modified by nutrition, exercise, and simple choices to improve heart health. This can be done by observing Life’s Simple 7™ keys to prevention; as provided by the American Heart Association:

1. Eat right
2. Control cholesterol
3. Reduce blood sugar
4. Manage blood pressure
5. Stop smoking
6. Get moving
7. Lose weight

These seven steps towards prevention are not necessarily separate of one another, however. The lifestyle choices you make to achieve one of them may positively affect others. For example, committing to exercise for 15 minutes every day may help you lose weight and improve blood pressure. Additionally, eating right may help you lose weight, control cholesterol, and reduce blood sugar. The trick is to find the right combination of lifestyle choices that works best for you to mitigate your specific risk factors. Your physician can help you make the best choices.

As experienced Rhode Island SSD benefits lawyers, we have seen the debilitating effects certain heart conditions cause and strive to help our community members make healthy choices for an emotionally and physically strong life.

Celebrated on the third Monday in February, President’s Day is an American holiday originally established in 1885 in recognition of President George Washington. Through the years, President’s Day has evolved as a holiday to honor all past and present United States presidents.

In honor of President’s Day 2013, the Rhode Island Social Security disability legal team at Marasco & Nesselbush would like to celebrate not one, but two past presidents: Franklin D. Roosevelt and Dwight D. Eisenhower.

Franklin D. Roosevelt (popularly known by his initials, F.D.R.), assumed the Presidency during the Great Depression and held office from 1933 to 1945. In 1935, F.D.R. signed the Social Security Act with the first taxes collected in January 1937. At its inception, Social Security was established only to function as a retirement program; paying benefits to the primary worker. In 1939, the program changed to add survivor benefits and benefits for a retiree’s children and/or spouse. It was not until 1956, that Social Security disability benefits were added under the presidential administration of Dwight D. Eisenhower.

Since 1956, the Social Security Disability Insurance (SSDI) program has evolved to provide disability benefits for every person that qualifies for them. This does not mean that it is easy to obtain benefits, however. The SSDI program has strict eligibility requirements and a thorough application process that disabled individuals must successfully meet and complete in order to be considered for benefits. Oftentimes benefits are denied, threatening the well-being and financial security of disabled individuals and their families.

If you are disabled and are considering filing for benefits or have been denied disability benefits, the SSDI attorneys at Marasco & Nesselbush can help. Whether we are guiding clients through the application process or appealing a denial, our entire firm strives to achieve extraordinary results for each and every client. To discuss your claim, contact us at (401) 274-7400 for a free consultation.

To kick off American Heart Month, the staff at Marasco & Nesselbush wore red on February 1, 2013, to demonstrate their support for those affected by heart disease on National Wear Red Day.

Heart disease is a serious health issue that affects millions of men, women, and children across the United States each year. In this two-part blog series, the Rhode Island SSD lawyers at Marasco & Nesselbush aim to provide New Englanders with the information they need to understand heart disease and its consequences as well as make the necessary decisions to prevent it.

Heart disease is generally the result of plaque build-up in the arteries. This has long been considered a result of unhealthy lifestyle choices related to diet and exercise, but this is not the only cause. Genetics also play a role in the development of heart disease. There are many different types of conditions that may be considered “heart disease,” including (but not limited to):

• Arrhythmia, or irregular heart rhythm;
• Coronary artery disease (the main type of heart disease);
• Atrial fibrillation (type of irregular heart rhythm);
• Enlarged heart;
• Heart attack;
• Heart valve disease;
• Heart failure;
• Dilated cardiomyopathy, or decreased ability for heart to pump blood; and
• Hypertrophic cardiomyopathy, or thickening of the heart muscle.

Such cardiac conditions and events can have severe consequences and have the potential to result in death. High blood pressure, or hypertension, can both be a cause and a result of certain types of heart disease. Ultimately, any condition that impedes the flow of blood into and out of the heart can create long-term issues such as fatigue, muscle weakness, shortness of breath, chest pain, fainting, heart attack, stroke, and even death.

Aside from the health and life risks associated with heart disease, there is an emotional level to it as well. Heart conditions have the power to keep you from doing the activities you love. If you can’t play with your children or grandchildren, go for a walk in the park, or earn a living, it can impact your emotional and financial well-being.

It’s important to do what you can to prevent such consequences to your overall health and happiness. Please come back next week for the second half of our American Heart Month blog series, where we discuss what you can do to maintain a healthy heart.

Affecting 1 in 33 U.S. infants, birth defects are the leading cause of death for infants and often the cause of lifelong social, physical, and cognitive impairments and challenges later in life for survivors. Individuals who have suffered birth defects often need support services and medical care for the rest of their lives.

To help with the care and support individuals born with birth defects, the Social Security Administration (SSA) provides programs that help support individuals both financially and medically.

At Marasco & Nesselbush, our Social Security disability attorneys in Rhode Island are deeply-rooted in the communities we serve and are concerned with the well-being of disabled individuals and their families. Under the SSA’s program (also known as Supplemental Security Income, or SSI), disabled children may receive benefits to assist with ongoing treatment and medical bills. As dedicated child Social Security disability attorneys, we are committed to ensuring that every eligible disabled child receives the benefits that they deserve.

While the SSI program is mainly intended to help qualifying low-income people get the medical care they need, it also provides much needed financial assistance to families with disabled children. Our law firm can help guide you through the complicated application process and will stand by your side if the SSA denies your child the benefits he or she qualifies for. To learn more about applying for SSI benefits for your child, call us at (401) 274-7400 for a free consultation.

A disability changes your life and that of your family. Learning to cope with physical, emotional, and/or mental limitations can be very difficult while trying to regain some comfort and consistency in daily life, but it is possible with the right resources and support. This is where the Social Security Administration (SSA) comes in.

Through its Social Security disability benefits programs, SSA offers disabled U.S. residents the opportunity to apply for monthly financial assistance to help them support themselves and their family while getting the care and accommodations they need to manage their disability.

As dedicated Social Security disability lawyers in Rhode Island, the law firm of Marasco & Nesselbush, LLP wants to make sure that you get the benefits you need when you need them. We are keenly aware of common reasons for denial and how to prevent them. The main reasons for SSD benefits denial include:

• not meeting the medical requirements – whether this means that your disability won’t last long enough (at least one year or result in death) or that your condition isn’t considered disabling enough to keep you from some form of work;
• earning too much income. To be eligible, a person must be unable to perform substantial gainful activity (SGA). For 2013, this means that you must make less than $1,740/month (if statutorily blind) or $1,040/month; and/or
• not working long enough in jobs that pay into Social Security.

A denial does not necessarily mean you are ineligible or that you genuinely failed to meet the requirements, however. One missing document or piece of information that SSA deems important could lead to the denial of your claim. While denials may be appealed, it is best to make sure you have everything necessary the first time around.

At Marasco and Nesselbush, our SSD benefits attorneys in Rhode Island are committed to achieving exceptional results for every client and can guide you through the SSD benefits process. If your claim for benefits has been denied, then we can help you appeal the decision. We are dedicated to helping you obtain the benefits you are entitled to.

The Social Security Administration (SSA) offers disabled workers the opportunity to apply for Social Security disability (SSD) benefits, providing they qualify under specific conditions. Among these conditions, a worker must meet the SSA definition of disability and meet work history and income requirements. It is important not to underestimate the disability process, however. There are a number of additional reasons for SSD benefits denial, including the worker simply providing incomplete information. Consider the following statistics:

• In 2012, 2,820,812 workers applied for SSD benefits.
• In 2012, the number of SSD applicants to be awarded benefits was 979,973.

This means that only 34.74 percent of workers who applied for disability benefits were approved in 2012. In fact, less than half of all SSD applicants have been awarded benefits since 1999, when 51.70 percent were approved. Therefore, the statistical evidence indicates that it is getting harder, rather than easier, to receive a favorable decision from SSA. In many cases, these denials prohibit legitimately disabled workers from getting the benefits they desperately need. Denials can range in reason, but even missing one piece of information can result in a denial of benefits.

When your application for disability benefits is denied, you are faced with the time, stress, and money of appealing that decision. You may need to go back to the doctor to get missing records or take time to get other pieces of information you need. Instead of focusing on managing your condition and supporting your family. You do not need to face these obstacles on your own, however.

The experienced Social Security disability legal team at Marasco & Nesselbush is committed to helping disabled workers get the benefits they deserve. We understand the Social Security disability application process inside and out and will guide you through the process. From application to appeal, we help disabled individuals seek SSD benefits at all levels and will fight to get you the financial security you and your family deserve.

In order to aid individuals affected by disabilities that prevent them from working, the Social Security Administration (SSA) provides disability (SSD) benefits to assist disabled individuals and their families from suffering financially due to events out of their control. In addition to the many types of physical disabilities that qualify for SSD benefits, there are several mental health issues that can qualify for disability benefits.

In order to qualify for Social Security disability benefits, an individual must submit medical evidence that shows the mental health issue to be commonly recognized and proven to be affecting him or her. Additionally, the individual must prove that his or her ability to work is severely limited by their disability and that the symptoms have lasted or are expected to last continuously for at least 12 months.

Mental health issues that commonly qualify for Social Security Disability benefits in Rhode Island and across the U.S. are:

• Organic mental disorders;
• Schizophrenic, paranoid and other psychotic disorders;
• Affective disorders;
• Developmental delay disorders;
• Anxiety-related disorders;
• Somatoform disorders;
• Personality disorders
• Substance addiction disorders;
• Autistic disorder and other pervasive developmental disorders.

Both adults and children who meet the criteria of the SSA can be determined as disabled and unable to perform duties necessary for gainful employment. As such, these individuals can receive disability benefits that will financially aid them and their family.

Proving any type of disability to the SSA is a difficult and complicated process. If you or a loved one is affected by a mental health issue that limits work capabilities, the Rhode Island SSD mental health attorneys at Marasco & Nesselbush can assist you in obtaining disability benefits. Our attorneys understand the many difficulties that result from such disabilities and the need for help. Contact us today for a consultation on your case at (401) 274-7400.

Applying for and receiving Social Security Disability Insurance (SSDI) benefits in Rhode Island can be a complex process. The rules governing how Social Security monitors and handles ongoing disability benefits can be difficult and confusing for many. As tax season approaches, it is important for Rhode Island residents receiving SSD benefits to understand how their benefits may impact how they file taxes.

In general, all individuals with a gross yearly income greater than $9,550 are required to file a federal income tax return. If a couple files jointly, they are required to file federal taxes if their yearly earnings are greater than $19,000.

For individuals receiving Social Security disability, those payments may be subject to taxes. Under U.S. law, generally 50 percent of a person’s annual Social Security disability benefits are taxable; this amount is added to all other income he or she received that year. Many people in the United States who rely on SSDI income will not be required to file for taxes. This is because the average yearly income for a disability beneficiary is less than the mandatory threshold to file taxes.

However, if you file your taxes as an individual, and your income from disability is more than $25,000 per year but less than $34,000, you would have to pay taxes on about half the value of your benefits. If you are married and you file jointly, you can have a combined income of up to $32,000 before having to pay taxes on half of your disability benefits.

Even if your disability income is below the mandatory threshold, it may be wise to consider filing a tax return as there are many credits and deductions for individuals who are disabled. The benefits include: Earned Income Tax Credit for those who earn less than $13,660; disability credits for up to $7,500; credits for caregivers of a disabled dependant or spouse; and various other deductions based on certain impairments or medical costs.

Our experienced law team understands how difficult life can be with a disability and are dedicated to aiding our clients in successfully coping with such hardships. Call our Providence Social Security disability attorneys today for a consultation on your case at (401) 274-7400.