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Need Help from an Experienced Disability Lawyer? Contact Marasco & Nesselbush
A Providence disability lawyer can help determine which benefits or legal claim may apply when a medical condition prevents you from working or limits your independence.
Depending on the circumstances, you may qualify for Social Security Disability Insurance, Supplemental Security Income, workers’ compensation, veterans disability benefits, or compensation through a personal injury claim.
Marasco & Nesselbush helps disabled individuals gather medical evidence, complete applications, respond to denials, and pursue the benefits they may be entitled to receive.
Our Providence office offers personalized service and a free consultation to review your eligibility and explain the available options.
Our Law Firm Helps Individuals and Family Members Understand the Disability Claims Process
A disabling injury or medical condition can affect your ability to work, support your household, and maintain your independence.
The benefits or compensation available may depend on how the disability arose, how long it is expected to last, your employment history, and your financial circumstances.
Rhode Island residents may have options through Social Security Disability Insurance, Supplemental Security Income, workers’ compensation, veterans disability benefits, short-term disability programs, or a personal injury claim.
Each option has separate eligibility requirements, filing deadlines, and standards of proof.
A Providence disability lawyer can review your circumstances and help identify the legal path that may apply.
Marasco & Nesselbush assists clients with gathering medical documentation, preparing benefits claims, challenging denials, and pursuing compensation for permanent injuries caused by negligence.
Our attorneys provide personalized guidance while helping clients manage agency requirements, insurance disputes, and appeal deadlines.
If you or a loved one is living with a disability, contact our Providence office for a free consultation about the benefits or legal claims that may be available.
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How a Providence Disability Lawyer Can Help
An experienced disability lawyer can help prepare a benefits claim, gather supporting medical evidence, and address the procedural requirements that apply at each stage.
Hiring an attorney early may reduce preventable errors, incomplete application forms, and gaps in the medical documentation submitted to the reviewing agency.
Legal representation can also relieve some of the pressure associated with managing paperwork, responding to requests, and meeting appeal deadlines while coping with a disabling condition.
A disability lawyer may assist with the following:
- Obtain medical records from hospitals, specialists, and treating doctors
- Identify missing or outdated medical documentation
- Confirm that application forms contain accurate information about symptoms, treatment, daily activities, and work limitations
- Explain complex regulations and eligibility standards
- Track filing deadlines and respond to agency requests
- Prepare the claimant and other witnesses for a disability hearing
- Represent the claimant before an administrative law judge
- Strengthen the presentation of medical evidence and legal arguments during an appeal
Marasco & Nesselbush provides personalized service throughout the claim and appeals process.
Our attorneys work with clients to develop a complete record showing how their medical conditions affect their ability to work and perform ordinary activities.
What Types of Disability Benefits and Claims Are Available in Rhode Island?
The correct disability program or legal claim depends on several factors, including how the condition arose, how long it is expected to last, the claimant’s work history, and current financial circumstances.
Rhode Island residents may qualify for Social Security Disability Insurance, Supplemental Security Income, workers’ compensation, veterans disability benefits, or compensation through a personal injury claim.
SSDI generally applies to workers with sufficient employment history and Social Security contributions, while SSI is a needs-based program for people with limited income and resources.
Workers’ compensation may provide medical and wage-loss benefits when a disability results from a workplace injury or occupational illness.
Veterans may pursue disability benefits for service-connected conditions, while people permanently injured by another party’s negligence may seek damages through a personal injury lawsuit.
An attorney can review the circumstances of the disability and help determine which benefits, claims, or combination of programs may apply.
Social Security Disability Insurance
Social Security Disability Insurance pays benefits to qualifying workers who cannot engage in substantial gainful activity because of a disabling medical condition expected to last at least 12 months or result in death.
To qualify for SSDI benefits, an applicant generally must have a sufficient work history and enough work credits earned through employment or self-employment subject to Social Security taxes and payroll taxes.
The Social Security Administration reviews the applicant’s insured status, medical condition, and ability to work when evaluating an SSDI claim.
Unlike a needs-based program, the amount of SSD benefits is calculated primarily from the worker’s average lifetime earnings before the disability began.
A successful claim may provide monthly Social Security benefits and, in some cases, past-due payments based on the applicable onset and filing dates.
Supplemental Security Income
Supplemental Security Income (SSI) is a needs-based program that provides monthly payments to disabled or blind individuals and adults age 65 or older who have limited income and countable resources.
To qualify for Supplemental Security Income (SSI) benefits, an individual generally may not have more than $2,000 in countable resources, although certain property and assets are excluded from that calculation.
The maximum benefits available under the federal program change annually, and the maximum federal SSI payment for an eligible individual is $994 per month in 2026.
The amount a person receives may be lower depending on countable income, certain family income, and living arrangements.
Rhode Island also provides a state supplemental payment to qualifying recipients, so the total amount of SSI benefits may vary according to the person’s financial circumstances and residential setting.
Can You Receive SSDI and SSI Together?
Some claimants can receive SSDI and SSI at the same time through what are known as concurrent benefits.
This may occur when a person satisfies SSDI’s insured-status and work-credit requirements but receives a low enough monthly SSDI payment to remain financially eligible for SSI.
Receiving benefits under both programs does not result in two full payments, because the SSDI amount is generally counted when calculating SSI eligibility and payment levels.
A claimant must continue to satisfy the separate medical and nonmedical requirements for both programs.
Rhode Island Temporary Disability Insurance and Private Short-Term Disability
Rhode Island Temporary Disability Insurance provides partial wage replacement when an eligible worker cannot perform their regular job because of a non-work-related illness, injury, or pregnancy.
The state program is governed by R.I. Gen. Laws Chapters 28-39 through 28-41, administered by the Rhode Island Department of Labor and Training, and financed through employee payroll deductions.
To qualify, a worker generally must have sufficient Rhode Island wages, be unable to perform their customary duties for at least seven consecutive days, and obtain certification from a qualified healthcare provider.
Claims should be filed promptly because Rhode Island law generally prevents payment for weeks occurring more than 90 days before the claim is submitted, although the filing period may be extended for a documented medical reason.
TDI benefits are based on the worker’s prior wages and may be paid for no more than 30 full weeks during a benefit year.
Rhode Island TDI is separate from workers’ compensation and generally applies only to conditions that did not arise from employment.
A worker cannot receive TDI and workers’ compensation or unemployment benefits for the same weeks, and TDI itself does not generally require an employer to preserve the employee’s position while they are out of work. Other state or federal leave laws may provide separate job protections.
Private short-term disability coverage may be offered through an employer or purchased through an individual insurance policy.
Eligibility, payment amounts, exclusions, benefit periods, and appeal deadlines depend on the terms of the policy, and many employer-sponsored disability plans are governed by the federal Employee Retirement Income Security Act.
ERISA-covered plans must provide claimants with notice of a denial and an opportunity for a full and fair review through the plan’s appeals procedure.
Workers’ Compensation
Rhode Island workers’ compensation is a no-fault insurance system that may provide benefits when an employee suffers an injury or illness arising from employment.
Covered workers should report the condition to their employer as soon as possible so the employer can notify its insurer and begin the claims process.
Employers with one or more employees generally must carry workers’ compensation insurance, although certain workers fall under exclusions or other programs.
Available benefits may include payment of injury-related medical expenses, weekly compensation for total or partial disability, vocational rehabilitation, and compensation for disfigurement or loss of use.
For injuries occurring on or after January 1, 2022, the weekly compensation rate is generally calculated at 62% of the worker’s average weekly wage, subject to applicable limits and adjustments.
Medical bills covered by the claim should be paid by the employer’s insurer without deductibles or copayments.
Workers’ compensation applies to occupational injuries and illnesses, while Rhode Island Temporary Disability Insurance and Social Security disability generally address different circumstances.
An attorney can help document the connection between the condition and the claimant’s employment, respond to a denial or termination of benefits, and pursue relief through the Rhode Island Workers’ Compensation Court when necessary.
Veterans Disability Benefits
Veterans may qualify for disability compensation when a physical injury, illness, or mental health condition was caused or aggravated by military service.
The U.S. Department of Veterans Affairs, historically known as the Veterans Administration, reviews whether the claimant has a current disability, a qualifying in-service event or exposure, and evidence connecting the condition to military service.
The amount of compensation depends largely on the disability rating assigned by the agency and whether the veteran has qualifying dependents.
A veteran who disagrees with a benefits decision may pursue a Supplemental Claim, request a Higher-Level Review, or appeal to the Board of Veterans’ Appeals.
Supplemental Claims allow new and relevant evidence, while Higher-Level Review asks a more senior reviewer to reconsider the existing record without accepting new evidence.
A Board Appeal places the case before a Veterans Law Judge.
Marasco & Nesselbush assists Rhode Island veterans who experience difficulty obtaining benefits for service-connected disabilities.
An attorney can review the decision, help gather medical and military records, identify the appropriate review option, and challenge an unfavorable determination within the applicable deadline.
Personal Injury Claims
A personal injury claim may be available when another person, business, property owner, healthcare provider, or product manufacturer causes an injury that results in permanent disability.
Unlike SSDI, SSI, or other benefits programs, a personal injury claim seeks compensation from the party legally responsible for the harm.
These cases may arise from motor vehicle collisions, unsafe property conditions, medical negligence, defective products, or other preventable incidents.
Compensation may address the full effects of a lasting disability, including medical expenses, future treatment, rehabilitation, lost income, reduced earning capacity, assistive equipment, home or vehicle modifications, pain and suffering, and loss of independence.
Marasco & Nesselbush represents clients whose catastrophic injuries create long-term care needs and permanent limitations affecting their ability to work and perform daily activities.
Rhode Island generally allows three years after a personal injury claim accrues to file a lawsuit, although exceptions and different deadlines may apply to certain defendants or types of claims.
The state also follows a pure comparative negligence rule, meaning an injured person may still recover compensation when partly responsible, although the award is reduced in proportion to their share of fault.
Injured and not sure what your case is worth? Find out for free.
Why Are Disability Claims Denied?
Most medically decided initial disability claims do not result in approval.
Social Security Administration data for fiscal year 2025 show that 64% of initial medical determinations were denials.
High denial rates make it important to submit complete medical records, accurate work-history information, and timely responses to agency requests.
Common reasons disability claims are denied include:
- Insufficient medical evidence: The available records may not adequately establish the diagnosis, severity, duration, or work-related effects of the applicant’s condition.
- Failure to satisfy the duration requirement: The impairment may not have lasted, or may not be expected to last, for at least 12 continuous months or result in death.
- Earnings above substantial gainful activity: The applicant’s work and earnings may indicate that they remain capable of performing substantial gainful activity.
- Insufficient work credits: An SSDI applicant may not have earned enough recent work credits to remain insured under the program.
- Excess income or resources: An SSI applicant may have income or countable resources above the applicable program limits.
- Missed consultative examinations: Failing to attend an examination requested by Disability Determination Services can leave the agency without enough information to decide the claim.
- Failure to respond to agency requests: Missing forms, unanswered correspondence, or unreturned calls may prevent the claim from being fully evaluated.
- Inconsistent information: Conflicting descriptions of symptoms, daily activities, treatment, or prior work can weaken the credibility and clarity of the application.
Incomplete medical records, inadequate work-history descriptions, and missed examinations can lead to delays as well as denials.
When existing medical evidence is inadequate, the agency may seek additional information or arrange a consultative examination.
A denial does not always indicate that the Social Security Administration made an error, as some applicants do not satisfy the program’s medical or nonmedical requirements.
How Does the Social Security Disability Appeals Process Work?
A claimant who disagrees with a denied disability determination generally has 60 days after receiving the notice to file an appeal.
The appeals process provides four levels of review after the initial determination, and missing a deadline may result in the loss of important rights.
A lawyer can organize updated medical evidence, address legal and vocational issues, prepare the claimant for testimony, and provide representation throughout the following stages:
- Reconsideration: A different examiner reviews the original application and any new evidence submitted by the claimant. The examiner may affirm the denial or approve the claim based on the expanded record.
- Hearing Before an Administrative Law Judge: If reconsideration is unsuccessful, the claimant may request a hearing before an administrative law judge. The claimant can testify about their medical conditions, daily limitations, treatment, and ability to work, while medical or vocational experts may offer testimony about the available evidence and whether the claimant could perform past or other employment.
- Appeals Council Review: A claimant who receives an unfavorable hearing decision may ask the Appeals Council to review the case. The Appeals Council may deny the request, issue its own decision, or return the claim to an administrative law judge for additional proceedings.
- Civil Action in Federal Court: After completing the administrative appeals process, the claimant may seek review in federal court. The court generally evaluates whether the Social Security Administration applied the correct legal standards and adequately supported its decision rather than conducting an entirely new disability hearing.
Some claims that are denied initially are later approved during the appeals process.
Social Security Administration data for fiscal year 2025 show that 50% of decided administrative law judge hearing matters resulted in allowances, although this national figure does not predict the outcome of any individual claim.
Legal representation cannot guarantee approval, but it may help present the medical, legal, and vocational evidence clearly at each level of appeal.
What Social Security Benefits Could You Receive?
The amount and type of Social Security benefits available depend on whether a claimant qualifies for SSDI, SSI, or both programs.
SSDI pays benefits based on the worker’s covered earnings record and average lifetime earnings before the disability, while SSI payments depend on federal and state payment levels, countable income, resources, and living arrangements.
There is no single maximum benefits amount available to every successful applicant because each person’s eligibility and payment calculation may differ.
A successful disability claim may provide:
- Monthly SSDI Payments: The amount is calculated from the claimant’s indexed earnings record rather than the severity of the medical condition or current financial need.
- Monthly SSI Payments: The amount may be reduced based on countable income, household circumstances, living arrangements, and other financial factors.
- Past-Due or Retroactive Benefits: A favorable decision may include benefits covering an earlier period, although the amount and applicable start date depend on the program, filing date, established disability onset date, and other rules.
- Dependent Benefits: Certain spouses, former spouses, and children may qualify for benefits based on a disabled worker’s Social Security record.
- Medicare or Medicaid Coverage: Receiving benefits may eventually establish eligibility for health coverage, depending on whether the claimant receives SSDI or SSI and the applicable waiting requirements.
Workers’ compensation and certain public disability payments may reduce SSDI when the combined benefits exceed applicable limits, while private disability-insurance payments generally do not reduce SSDI.
VA disability compensation and SSDI do not offset one another, but VA payments, settlements, and other income or resources may affect SSI eligibility or payment amounts.
A disability attorney can review the available programs and explain how other benefits or compensation may affect a Social Security award.
Why Choose Marasco & Nesselbush?
Marasco & Nesselbush has represented injured and disabled Rhode Islanders since 1999, helping thousands of clients pursue Social Security disability, workers’ compensation, and personal injury claims.
Founding partner Donna M. Nesselbush founded and chairs the Rhode Island Bar Association’s Social Security Disability Committee, is a sustaining member of the National Organization of Social Security Claimants’ Representatives, and has authored two guides about disability claims.
Our law firm’s experience extends from preparing an SSDI application or addressing a denied Social Security claim through administrative appeals and federal court proceedings.
Marasco & Nesselbush has also litigated Social Security matters before the U.S. Court of Appeals for the First Circuit.
Our Providence law office provides personalized service, clear communication, and the resources needed to investigate the full medical, vocational, and financial effects of a disability.
Whether your condition resulted from illness, military service, a workplace injury, or another party’s negligence, our attorneys can identify the available legal options and help you pursue the benefits and compensation you deserve.
Contact Our Providence Disability Lawyers for a Free Consultation
A disability can affect your ability to work, support your household, and plan for the future.
Marasco & Nesselbush helps clients evaluate available benefits, prepare supporting evidence, respond to denials, and pursue appeals when necessary.
Contact our Providence disability lawyers for a free consultation about your claim.
Our law office can review your eligibility, explain the options available, and help you take the next step toward securing the benefits and compensation you may be entitled to receive.
