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Marasco & Nesselbush Helps Wakefield Residents Secure Social Security Disability Benefits
A serious illness or injury can make work impossible while rent, medical bills, and other expenses continue.
Social Security benefits through SSDI and SSI can provide essential income when a serious medical condition leaves someone unable to maintain substantial work.
Applicants must still satisfy detailed medical and program-specific eligibility requirements, and an initial denial can leave families facing months of uncertainty.
At Marasco & Nesselbush, our Wakefield disability lawyers help South Kingstown and South County residents apply for Social Security Disability Insurance (SSDI), seek Supplemental Security Income (SSI), and appeal denied benefits claims.
Founded in 1999, our Rhode Island law firm has a longstanding Social Security disability practice led by attorneys with experience before administrative law judges, the Appeals Council, and federal courts.
Our law office, at 231 Old Tower Hill Road, Suite 206 in Wakefield, gives local residents access to an established firm with dedicated disability counsel and offices throughout Rhode Island.
Contact Marasco & Nesselbush for a free consultation about your disability claim, or use our chat feature to request a free case evaluation.
Why Choose Marasco & Nesselbush for a Wakefield Disability Claim?
Since founding Marasco & Nesselbush in 1999, Joseph Marasco and Donna Nesselbush have built a substantial Rhode Island law firm with a dedicated practice representing people seeking Social Security disability benefits.
Our disability attorneys have represented claimants through initial applications, administrative hearings, appeals, and federal litigation, bringing decades of experience with Social Security’s medical and vocational requirements to clients throughout Rhode Island.
Our experience and resources include:
- Established Rhode Island disability representation: Since 1999, our firm has represented thousands of clients across disability, personal injury, medical malpractice, and related cases, with attorneys and professional staff serving communities throughout Rhode Island.
- Leadership in Social Security disability law: Founding partner Donna M. Nesselbush founded and chairs the Rhode Island Bar Association’s Social Security Disability Committee, belongs to the National Organization of Social Security Claimants’ Representatives, and authored 10 Tips to Win Your Social Security Disability Case and A Social Security Disability Guide for Behavioral Health Clinicians.
- Experience at every administrative and judicial level: Donna Nesselbush has handled matters before Social Security hearing offices, the Appeals Council, the U.S. District Court, and the U.S. Court of Appeals for the First Circuit, where she prevailed in a case involving benefits denied to a deceased Army veteran and sought by his surviving family.
- Attorneys whose work includes disability claims: Nicklyn Dolphin represents Social Security disability claimants and brings experience working with people of limited means and within healthcare settings, while Bartley McNally represents SSDI and SSI clients and brings firsthand experience from years in physically demanding work.
- Local access and sustained client support: Our Wakefield law office and Providence office connect South County residents with an established Rhode Island team that helps disabled clients organize records, respond to agency requests, prepare for hearings, and understand important case decisions.
A successful disability claim requires medical evidence establishing how an applicant’s conditions restrict their ability to work, not simply proof of a diagnosis.
Our attorneys examine treatment records, medical opinions, employment history, and functional limitations to identify weaknesses in a claim and address the issues Social Security considers when making disability decisions.
How Our Wakefield Social Security Disability Lawyers Can Help
From initial SSDI claims and SSI applications through appeals, our Social Security lawyers address the medical documentation, eligibility questions, and procedural deadlines that affect a benefits claim.
At Marasco & Nesselbush, legal representation may include the following services:
- Evaluating eligibility: Reviewing work credits, insured status, income, resources, and medical conditions to identify the programs that may apply.
- Preparing an application: Reviewing employment history, medical providers, treatment dates, and application responses for omissions or inconsistencies before filing.
- Developing medical evidence: Obtaining and reviewing available medical records and provider opinions to show limitations involving standing, walking, concentration, attendance, lifting, or other work activities.
- Communicating with Social Security: Helping clients respond to agency requests, report relevant changes, track notices, and provide accurate information to the Social Security Administration on their behalf when authorized.
- Preparing disability appeals: Reviewing denial reasons, gathering additional evidence, preparing hearing testimony, and questioning vocational or medical experts when appropriate.
- Considering higher-level appeals: Evaluating Appeals Council and federal court review when the record or decision raises grounds for further action.
We explain developments, deadlines, and available options so clients and their family members can make informed decisions about their claims.
Injured and not sure what your case is worth? Find out for free.
SSDI vs. SSI: Understanding the Difference
The Social Security Administration administers two major disability benefits programs, but eligibility and monthly payments are determined differently.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance pays benefits to eligible people with qualifying disabilities who have earned sufficient work credits through jobs covered by Social Security taxes.
For many applicants who become disabled at age 31 or older, this generally means earning at least 20 credits during the 10 years before disability began, approximately five years of covered work, although different rules apply to younger workers and certain other applicants.
SSDI payments depend primarily on a worker’s covered earnings history rather than household savings or the severity of the diagnosis.
SSDI generally has a five-full-month waiting period measured from the established disability onset date before SSD benefits become payable, although exceptions apply, including for qualifying applicants with amyotrophic lateral sclerosis (ALS).
Eligible spouses and children may also receive benefits based on the disabled worker’s earnings record.
Supplemental Security Income (SSI)
Supplemental Security Income is a needs-based program for people with limited income and resources who are disabled, blind, or at least 65 years old.
SSI does not require prior employment or Social Security work credits.
In 2026, the maximum federal SSI payment is $994 per month for an eligible individual and $1,491 for an eligible couple, before reductions based on countable income and other circumstances.
The standard countable resource limits are $2,000 for an individual and $3,000 for a couple, although some assets, including a qualifying primary residence, generally are excluded.
Rhode Island also provides state SSI supplementation for certain eligible recipients, so actual payments can depend on living arrangements and other eligibility factors.
Can You Receive Both SSDI and SSI?
Yes, someone with sufficient work credits and limited countable income and resources may qualify for SSDI and SSI at the same time.
SSDI payments usually affect how much SSI a person can receive, making it important to review both programs before applying.
Who Qualifies for Social Security Disability in Rhode Island?
To qualify for adult SSDI or disability-based SSI benefits, applicants generally must show that a medically determinable impairment makes them unable to engage in substantial gainful activity and that the impairment and resulting inability have lasted, or are expected to last, at least a year (12 consecutive months), unless the impairment is expected to result in death.
Most people seeking adult disability benefits must show more than an inability to return to their last job, because the agency may also consider whether they can perform other work under its rules.
In 2026, Social Security generally considers monthly earnings of $1,690 or more to indicate substantial gainful activity for nonblind applicants, although deductions, work incentives, and other program-specific rules may affect the determination.
SSDI also requires sufficient insured work history, while SSI has separate financial requirements.
Medical eligibility is not based on a diagnosis alone, and two people with the same condition may receive different decisions because their functional limitations, treatment records, work histories, and other circumstances differ.
Medical Conditions and Evidence for Disability Claims
Social Security considers how physical and mental conditions affect a person’s capacity to work regularly, including the combined effects of multiple impairments.
Conditions that may support a disability claim include:
- Back, spine, and joint disorders: Conditions that limit sitting, standing, walking, lifting, or use of the hands.
- Neurological conditions: Multiple sclerosis, epilepsy, stroke-related impairments, Parkinson’s disease, and traumatic brain injuries.
- Heart and respiratory diseases: Conditions that reduce stamina or restrict routine physical exertion.
- Mental health disorders: Severe depression, bipolar disorder, schizophrenia, anxiety disorders, and other conditions affecting concentration, social interaction, or adaptation.
- Cancer and other serious illnesses: Diseases and treatment effects that cause persistent fatigue, pain, weakness, or cognitive difficulties.
Useful medical evidence can include:
- Examination notes, diagnostic imaging, laboratory results, specialist evaluations, and hospital records.
- Treatment histories, prescribed medication, side effects, and rehabilitation records.
- Medical opinions identifying specific restrictions on physical or mental work activities.
- Records showing how symptoms affect attendance, concentration, stamina, or the ability to complete a workday.
Our disability attorneys assess whether the evidence addresses the functional limitations Social Security evaluates and whether further records or explanations may be needed.
How to Apply for Disability Benefits in Wakefield
Wakefield residents apply under the same federal rules as other Rhode Island Social Security disability applicants.
The initial application generally involves these steps:
- Identify the appropriate program: Check whether your work history supports SSDI benefits, whether your finances may support SSI benefits, or whether both are possible.
- Gather essential information: Download the SSA Adult Disability Starter Kit, including its Adult Disability Checklist, and identify medical providers, treatment dates, medications, and work history.
- Submit your application: Apply for SSDI through Social Security’s application service, or apply with agency assistance by telephone or through a Social Security office; SSI online options depend on eligibility.
- Respond to agency requests: Provide requested updates and attend any scheduled consultative examination.
You do not need to wait until every medical record is in your possession before contacting Social Security or beginning an application.
The agency can request records from identified providers, and delaying filing may affect the benefits available for certain periods.
Why Are Social Security Disability Claims Denied?
An initial denial is common, but it does not necessarily mean an applicant has no valid claim or cannot succeed on appeal.
Common reasons for a denial include:
- Insufficient medical evidence documenting the severity and duration of restrictions.
- A finding that the applicant can perform past work or other work under Social Security’s rules.
- Earnings above the applicable substantial gainful activity threshold.
- Insufficient work credits for SSDI or excess countable income or resources for SSI.
- Missing information or failure to respond to agency requests.
Our attorneys examine the stated reasons for denial and determine what additional medical, employment, or financial documentation may be needed for an appeal.
Appealing a Denied Disability Claim in Rhode Island
If Social Security denies an initial application and upholds that decision at reconsideration, the applicant may request a hearing before an administrative law judge.
The hearing provides another opportunity to present medical evidence, explain work-related limitations, and address the reasons for the earlier denials.
Most disability decisions must be appealed within 60 days after receipt of the notice, and Social Security generally presumes the notice was received five days after its date unless the claimant shows otherwise.
The usual appeals process has four stages:
- Reconsideration: A different review of the initial determination, including additional evidence where appropriate.
- Administrative law judge hearing: A hearing at which a judge evaluates testimony and the record, sometimes including vocational or medical expert evidence.
- Appeals Council review: A request for further administrative review of an unfavorable hearing decision or dismissal.
- Federal court review: A civil action in U.S. District Court when available after the required administrative review.
Our disability attorneys prepare clients for Social Security hearings, develop supporting arguments, and question medical or vocational experts when appropriate.
Talk to a lawyer and get a free case evaluation today.
How Long Does a Disability Claim Take?
The Social Security Administration currently advises that an initial disability decision/the claims process generally takes six to eight months, depending on the medical record and agency workload.
Some severe conditions may receive faster review through Compassionate Allowances, occasionally resulting in decisions within a few weeks.
Some applicants wait more than a year after an initial denial to receive an administrative law judge’s decision, particularly when reconsideration and hearing scheduling are involved.
Applicants who receive an initial denial and proceed through reconsideration and an administrative law judge hearing may wait more than a year for a final hearing-level decision.
According to SSA hearing-office processing data, the Providence hearing office averaged approximately 8.6 months from hearing request to case disposition through July 2026.
This figure does not include the time spent on the initial application and reconsideration, and individual cases may take longer.
How Much Does a Wakefield Disability Lawyer Cost?
Marasco & Nesselbush offers free consultations and generally handles qualifying Social Security disability claims under contingency-based fee agreements, subject to Social Security Administration approval.
Under the standard SSA fee-agreement process, attorney fees are generally limited to the lesser of 25% of past-due benefits or $9,200 under the limit in effect in 2026.
The fee ordinarily comes from back benefits rather than future monthly SSDI or SSI payments. Different authorization procedures may apply in certain appeals or federal court proceedings.
The written representation agreement also addresses any applicable case expenses and how fees are handled under the relevant SSA rules.
Contact Our Wakefield Disability Lawyers for a Free Consultation
Marasco & Nesselbush has represented disabled Rhode Islanders for more than 25 years, helping clients pursue benefits through initial applications, administrative hearings, and appeals.
With dedicated disability attorneys, recognized leadership in Social Security disability law, and experience before federal appellate courts, our firm provides Wakefield residents with experienced representation throughout the claims process.
Our Wakefield office serves South Kingstown, Peace Dale, Kingston, Narragansett, and surrounding communities, supported by our other Rhode Island locations.
You deserve clear answers about your eligibility, the status of your claim, and the options available after a denial.
Contact Marasco & Nesselbush for a free consultation, or use our chat feature to request a disability case evaluation.
