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.

Between medical bills piling up and being unable to work, a disabling injury or condition may seem life-shattering. This doesn’t have to be the case. Those with conditions preventing them from working can receive certain benefits from the Social Security Administration. Unfortunately, this process is often overwhelming even for qualified individuals, with most receiving a denial after the initial application.

The Rhode Island Social Security lawyers from Marasco & Nesselbush are ready to help you pursue the benefits you deserve. Our thorough understanding of the Social Security disability process and decades of experience representing disabled individuals guarantee your case is in great hands. Contact any of our offices in Providence, RI; East Providence, RI; Warwick, RI; Wakefield, RI; Woonsocket, RI; and Quincy, MA and by calling (401) 252-0613 or filling out our online contact form.

What's The Difference Between Social Security Disability Insurance And Supplemental Security Income?​

Social Security Disability Insurance, or SSDI, pays benefits to those who become disabled or develop a condition preventing them from working. To qualify for SSDI, you must have been paying Social Security taxes and worked long enough to earn sufficient work credits.

Supplemental Security Income, or SSI, is a needs-based program. SSI benefits are available to certain low-income people with disabilities and those over 65. To qualify for SSI, you must have little to no income and assets less than $2,000 or $3,000 for couples.

Understanding the differences between SSDI and SSI ensures you know your rights and how to proceed with the application.

What Conditions Qualify For Social Security Disability Benefits?​

Even though SSDI and SSI benefits differ, the list of eligible disabilities is similar across both programs. Some of the disabilities and conditions we can help you get covered by the Social Security Administration include:

• Neurological Disorders
• Heart Disorders
• Medical Conditions
• Mental Disorders
• Vision Disorders
• Disability Impairments

How Do You Apply For Social Security Disability Benefits?

You can apply for Social Security disability benefits online, by visiting your local Social Security office, or by calling SSA’s toll-free number, 1-800-772-1213. To start the process, download SSA’s Adult Disability Checklist first to ensure you have all the personal and work-related information you need. Next, fill out the disability benefits application form and attach your documents.

The official documents you need to apply for SSDI benefits are the following:

• Birth certificate
• Proof of U.S. citizenship or residency status
• W-2 forms or self-employment tax returns for the previous year
• Military discharge papers for persons discharged before 1968
• Proof of workers’ compensation or any other settlement awards you’ve received
• Medical records, doctors’ reports, and other types of medical evidence in your possession

Why Are Social Security Disability Claims Denied?​

If the Social Security Administration denies your application for disability benefits, it will include a reason for denial. Some of the common reasons for SSD denials include:

• Insufficient medical evidence to prove disability
• Failure to cooperate, such as not showing up for interviews when requested
• You’re already working at a substantial gainful activity level
• Failure to follow a prescribed treatment process

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.