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.
- Updated date:
- October 10, 2024
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:
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
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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.
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.
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