Rhode Island Social Security Disability (SSD) Lawyer​

Applying for Social Security disability benefits in Rhode Island is not always straightforward, even for qualified persons. You can remove all the stress of the SSDI application process by working with a trusted Rhode Island Social Security attorney. Whether you’re just getting started or sending an appeal after a denial, our skilled lawyers at Marasco & Nesselbush can fight for your rights and obtain the maximum allowable benefits you deserve.

How To Appeal A Denied Social Security Disability Claim

Disabled persons with denied SSD claims can appeal a denial within 60 days of receiving the response. Don’t give up if this appeal is unsuccessful. The SSD application process allows you to appeal on four levels:

  • Reconsideration
  • Hearing before an administrative law judge
  • Appeals Council Review
  • Federal court

Our attorneys at Marasco & Nesselbush go above and beyond to resolve your case successfully. We apply a personal approach with all our clients by understanding your plight, addressing your concerns, and keeping you updated on your claim’s progress. We will always ensure you understand every step we take to ensure you receive maximum benefits.

How Long Does a Social Security Claim Take?

Applying for Social Security Disability (SSD) benefits can be a lengthy process. From the initial application to receiving a decision, the timeline can vary significantly. Typically, it takes three to five months for an initial decision. However, several factors can influence this duration:

  • Completeness of Application: Providing thorough and accurate information can prevent delays.
  • Medical Records: The time it takes for healthcare providers to submit medical records can affect the processing time.
  • Backlog of Applications: High volumes of applications at the Social Security Administration (SSA) can extend the timeline.
  • Complexity of the Case: More complex medical conditions or additional evidence requirements can lengthen the process.

Tips to Expedite the Process

  • Complete the Application Accurately: Double-check all details before submission.
  • Gather Medical Records in Advance: Have your medical documentation ready to submit with your application.
  • Follow Up Regularly: Stay in contact with the SSA to check on the status of your application.
  • Consider Professional Assistance: Hiring a disability attorney or advocate can help navigate the process more efficiently.

How Much Will I Get if I’m Approved for SSI or SSDI?

SSI Benefits Calculation

Supplemental Security Income (SSI) benefits are based on financial need. The federal benefit rate (FBR) sets the maximum monthly amount you can receive. As of 2024, the FBR is $943 for an individual and $1,415 for a couple. However, your actual benefit amount may be lower due to factors such as:

  • Countable Income: Any income you receive, excluding certain exclusions, will reduce your SSI payment.
  • Living Arrangements: Receiving free food or shelter can affect the amount of your SSI benefits.

SSDI Benefits Calculation

Social Security Disability Insurance (SSDI) benefits are based on your average lifetime earnings before your disability begins. The SSA uses a formula to calculate your Primary Insurance Amount (PIA), which determines your monthly benefit. Factors influencing your SSDI payment include:

  • Lifetime Earnings: Higher earnings typically result in higher benefits.
  • Family Members: Dependents may be eligible for additional benefits, increasing the total amount your family receives.
  • Work Credits: You need enough work credits to qualify for SSDI, which are based on your work history and age.

When Is the Deadline to File for SSDI?

Filing for SSDI has specific deadlines you need to be aware of:

  • Application Deadline: You must apply for SSDI within five years of the date you last worked. This period is known as the “date last insured” (DLI). Missing this deadline can result in ineligibility for benefits.
  • Appeal Deadlines: If your application is denied, you have 60 days to file an appeal. It’s crucial to adhere to these deadlines to avoid missing your opportunity for benefits.

Importance of Timely Filing

Filing your SSDI claim promptly is essential for several reasons:

  • Ensures Eligibility: Timely filing ensures you meet the work credit requirements.
  • Avoids Financial Hardship: The sooner you apply, the sooner you may receive benefits, reducing financial strain.
  • Preserves Appeal Rights: Filing within deadlines preserves your right to appeal if your claim is denied.

Call The Rhode Island Social Security Disability Lawyers At Marasco & Nesselbush For A Free Consultation!

Don’t struggle through your SSDI application and appeals process alone. Marasco & Nesselbush, Rhode Island Social Security lawyers, can guide you through the process and gather more evidence to ensure your approval.

We will represent your case with integrity, intelligence, passion, and decades of expertise. Our record of past successful case results and satisfied clients makes us one of Rhode Island’s top social security disability law firms. Contact us today to schedule a free consultation and learn how we can protect your rights. We have offices conveniently located in Warwick, Wakefield, Woonsocket, Providence, East Providence, and Quincy, MA, and we are here to help you.

Get a Free Consultation

RHODE ISLAND SOCIAL SECURITY DISABILITY LAWYER FAQ

How Long Does the Social Security Administration Take To Decide on a Social Security Disability Claim?

It takes approximately three to five months for the SSA to decide on your Social Security Disability claim. However, this period might be longer or shorter depending on the sufficiency of your medical records and other documents crucial for the process.

When Is the Deadline to File for SSDI?

There are no SSDI deadlines for filing a disability benefits claim. However, our Social Security disability lawyers at Marasco & Nesselbush recommend starting the process as soon as you receive a diagnosis or the first day you cannot work because of the disability. Waiting too long to apply makes pertinent medical information outdated and may cost you some of the benefits you’re entitled to.
There are also deadlines for appeals at each level, so contact an attorney as soon as possible if you have received a denial.

How Much Can I Receive for SSDI?

The amount you can receive for SSD depends on the type of disability and the amount from your earnings paid to the SSA before the disability. The higher your earnings, the higher the amount of SSDI you qualify for.

The maximum monthly amount you can receive for Supplemental Security Income as of January 1, 2023, is $1,371 for a couple, $914 for an individual, and $458 for certain essential persons. Some states, including Rhode Island, provide supplemental income in addition to these SSI benefits, which means your benefits might be higher.

Can You Get Both Social Security Disability Insurance and Supplemental Security Income Benefits?

Yes, you could be eligible for SSDI and SSI benefits if you meet the set requirements for both programs. This situation is known as “concurrent benefits.” Speak with a Marasco & Nesselbush Social Security disability lawyer in Rhode Island to determine whether you qualify for both programs and how to file claims correctly.

Can You Receive Social Security Disability Benefits if You Are Working?

You can still receive SSD benefits while working, but the amount may reduce or stop altogether depending on how much you can work.

For SSI, the reduction starts after you earn at least $85 a month. For SSDI, you’ll have a trial work period where your earnings are affected if you work for at least nine non-consecutive months during a rolling 60-month period. There’s also an additional 36-month extended eligibility period where you can still receive benefits for those months you make less than $1,070.

Can You Receive Social Security Disability and Workers' Compensation?

Disabled workers who get injured on the job can receive both SSD and workers’ compensation benefits if they meet the criteria. However, if you qualify for both, the total amount you receive cannot exceed 80 percent of your salary before the disability.

Can Veterans Receive Social Security Disability Benefits?

If you sustained a disability while serving the country and received an honorable discharge, you may be eligible for certain veteran disability benefits through the Veterans Administration. These benefits include disability compensation, Special Monthly Compensation, and Dependency and Indemnity Compensation. A Social Security disability lawyer will evaluate your circumstances to tell you which benefits you qualify for and how to apply for them.

What Is the Compassionate Allowances Program?

The Compassionate Allowances program allows disabled persons with certain serious and fatal conditions to receive Social Security benefits in a few weeks instead of months. For you to qualify for SSD compassionate allowances, your medical records must be up to date and your application comprehensive enough to prove eligibility.

Can Children Receive Social Security Benefits?

Disabled children under the age of 18 years may receive Social Security disability benefits if they meet the set criteria. The disability must cause severe functional limitations for 12 consecutive months. In addition, there are individual and household income limitations to receive SSI for children.

What Are Survivor Benefits?

Survivor benefits are payable to spouses, children, or parents of people who worked long enough to qualify for SSDI benefits before their death. If your loved one has passed, consult with a Social Security disability Lawyer at Marasco & Nesselbush to determine if you’re eligible for Survivor benefits and how to initiate the process.

Are There Any Additional Social Security Disability Benefits for Families?

Since a disability also affects your family members’ well-being, the Social Security Administration offers additional individual benefits for spouses, divorced spouses, and children. The amount of SSD family benefits each member can receive depends on the qualifying person’s rates and the number of members who qualify.

How Much Does a Social Security Lawyer Cost?

At Marasco & Nesselbush, we only charge you for your Social Security claim once you’re approved and receive benefits. Our attorney fee is only a one-time 25 percent deduction from your initial benefits or back-due benefits, after which you’re not obligated to us anymore. We also offer free online or in-person consultations so you can learn about your case before committing.

Can a Social Security Lawyer Help Me if I Have Already Been Denied SSDI or SSI Benefits?

It’s never too late to hire an attorney, even if your application for SSDI or SSI benefits has already been denied. The Social Security lawyers at Marasco & Nesselbush will determine the reasons for your denial and develop a solid strategy that proves why you deserve disability benefits.

Related Content

a woman holding her neck after an accident

Marasco & Nesselbush Rhode Island

A car driving on a coastal road in Rhode Island.

Rhode Island Car Accident Lawyer

A professional photo of the Marasco Nesselbush law firm team.

Rhode Island Wrongful Death Lawyer

Client Reviews

Neveah
Neveah
Read More
This law firm is amazing! Highly recommend my attorney to anyone and his legal assistant is amazing
Sorina
Sorina
Read More
I have referred several people already
Rafael
Rafael
Read More
The staff here is amazing! They were always respectful and cared to any concerns I had I never had to worry because they always kept me up to date with my case and did their best answering any questions I had about anything related to my case
Brooke
Brooke
Read More
Absolutely amazing people to work with. They listen, empathize, and really are devoted to helping you out to the fullest of their abilities. Truly above and beyond, with great communication on all ends! Very clear direction! Couldn't be more grateful!
Daisy
Daisy
Read More
They have always worked very hard on my case to get the most out of it. They have been very friendly and courteous and have always explained documents with details to help me understand my case. I have always used them for advice in other cases or personal problems and they have always responded to my questions or have advised me what can be done. I feel I have gained a friend besides an attorney. They have always watched for my well-being. If you need legal help, this is the firm you need to reach out to.
Kimberly M.
Kimberly M.
Read More
They work very hard on your behalf and will always return emails and phone calls. More than that, they will regularly reach out to give you updates on your case or to check in and see how you are doing. On a scale of 1 - 10: if I could give you 10+ I would! They have been wonderful!!
Amanda C.
Amanda C.
Read More
I’ve felt comfortable and have built trust with them. They work hard and it shows. I am super thankful to have worked with them.
Tev I.
Tev I.
Read More
Not many were willing to take this unique case on, but M&N and my attorney has earned my respect and gratitude for their efforts. Thank you, again!
Teague J.
Teague J.
Read More
Marasco & Nesselbush has the best team in their industry! I was treated professionally from the beginning to end. There was no question or concern that was not meet with a timely and satisfying answer. Even when I had small needs outside of my case. I HIGHLY recommend this team of professionals. Their values and determination can not be beat!
Ann B.
Ann B.
Read More
Everyone at Marasco & Nesselbush has provided me with superb attention and support throughout my case and time with them. I was so grateful for their professionalism and care. Thanks and much appreciation!
Kitty
Kitty
Read More
When an accident happens, it's hard enough to get through that, then trying to find a great lawyer to help is even harder, but y'all made the whole process easy, and provided comfort and understanding. You also provided ease and determination with no back down attitudes. I will definately be recommending and will always be appreciative for the care you showed my son and my self! Thank you!
Chris A.
Chris A.