Social Security Disability Lawyer in Fall River
Facing challenges applying for SSD in Fall River? Our experienced Social Security Disability lawyers can help you navigate the complex process and increase your chances of approval. At Rob Levine Law, we offer free consultations and we don’t get paid until you receive the benefits you deserve.
Find out what your case is worth.
Legally Reviewed by:
Rob Levine
Last Updated:
January 23, 2025
Attorney Deals With Your Disability Claim
Questions They Will Ask
- Does the impairment (or combo of impairments) keep you from being able to perform full-time work? If CMT is working, then he/she will be found not disabled at this step, regardless of the seriousness of the diagnosis.
- Is the impairment severe, and is it expected to remain severe for at least 12 months, or result in death? This is the step knocks out CMTs with short-term diagnoses (i.e., a surgery where the recovery is not expected to take a year).
- Does the impairment meet or equal one of Social Security’s Listings? (In order to make sure claims are adjudicated similarly around the country, SSA has developed criteria, called Listings, for various diagnoses.) If a claimant meets a Listing, then they are approved for benefits and no further inquiry is made. The Listing requirements are VERY high, and a claimant can still win their case even if they don’t meet Listing-level severity.
- Does the impairment prevent you from performing any job that you performed in the last 15 years? Here, the burden is on us to show that our client is not able to do any of the jobs he/she did in the last 15 yrs.
- Does the impairment prevent you from being able to perform any other work? At this step, the burden shifts to SSA to identify other work that is available in significant numbers that the applicant can perform in spite of limitations determined by the ALJ. Disability Determination Services and Administrative Law Judges use vocational experts familiar with job requirements to assess whether jobs exist which can be be performed.
For more information about Social Security eligibility your area, call us today.
Advice From Our Fall River Disability
Income, as defined by the SSA, is money you receive such as wages, Social Security benefits, and pensions. Income also includes such things as food and shelter. The amount of income you can receive each month and still get SSI depends partly on where you live. Income reporting will not stop at the application stage, you must report all income while you are receiving SSI benefits.
Resources are things you own, including real estate, bank accounts, cash, stocks, and bonds. You may be able to get SSI if your resources are worth no more than $2,000. A couple may be able to get SSI if they have resources worth no more than $3,000. When calculating resources, Social Security does not count: the home you live in and the land it is on; life insurance policies with a face values of $1,500 or less; your car (usually); burial plots for you and members of your immediate family; and up to $1,500 in burial funds for you and up to $1,500 in burial funds for your spouse.
If you are married, Social Security also includes part of your spouse’s income and resources when deciding whether you qualify for SSI. If you are younger than age 18, your parents’ incomes and resources are considered.
Unlike SSDI, SSI applications cannot be made online. You will need to file the application with Social Security over the phone or in person at your local Social Security office. At Rob Levine Law, we can contact Social Security and make arrangements for you to file your SSI application. We recommend scheduling a telephone appointment so that you are not inconvenienced by having to travel to the office. We’ll take care of you.
FAQs About Your SSDI Case
What is a compassionate allowance?
In order to decrease the decision time for a claim, the SSA has identified a list of conditions that have already met their standards for disability benefits. This initiative was created to help those with serious disabilities by simplifying the process. There are two ways your condition will qualify you for benefits under the CAL Initiative.
- If you have a listed illness or disease that is the same as listed in the schedule of diseases listed on the SSA website, you may automatically qualify for benefits.
- If your disability has the same signs and symptoms as a disease listed on the schedule under the CAL Initiative, then you may qualify for benefits as well.
Can I receive SSI and SSDI benefits at the same time?
In order to receive concurrent benefits, there are going to be two separate tests. The standard to receive benefits medically is the same in both programs. The difference between the two programs is your work history and income level. In order to qualify for SSDI, you must have worked for the last five years and paid into the Social Security system. If you qualify for SSDI and your monthly compensation is less than the maximum amount, currently $783, you could be eligible under the SSI program. Remember, you must qualify for each one individually. In order to qualify for SSI, you must not have income greater than the maximum nor can your net worth be greater than $3,000. This looks at both your income and your household income. For example, if you were receiving $500 for SSDI, you could qualify for $283 under the SSI program.
Why do I need a lawyer to help me apply for SSDI?
Hiring an attorney to help you with your Social Security Disability application is beneficial as it can decrease the length of time it takes for you to get an approval. Their experience in these cases allows them to know what information and documentation you need to receive the maximum amount of benefits.
What happens if my SSDI claim has been denied?
There are two reasons for the denial. The first is that the SSA indicates that you are not qualified for either the SSDI or the SSI program, or both. This is based on your work history, your household income, and your net worth. Generally, unless you believe they are making an error as to what you paid into the social security system or your income level, this is not something that attorneys generally appeal. The second is that the SSA determines that you are not medically qualified for benefits–meaning they believe that you are able to perform gainful employment or your medical condition doesn’t qualify. This could be grounds for appeal. There are four levels of appeal at the administrative or agency level. In order of application, you begin by filing an initial claim. You then file for reconsideration, you then go before an administrative law judge for a hearing, and finally, you can appeal the administrative law judge’s decision before the appeals council. You can be approved or denied at any of those four levels. After you have exhausted all four agency levels, you can either start your application over and remain at the administrative level by filing a new initial claim. Or, you can file an appeal by the appeals counsel leaving the agency level and appealing to the federal district court.
If I don’t have enough work history, or any at all, can I still receive benefits?
Although you may not be able to receive SSDI benefits, you can still apply for Supplemental Security Insurance. Since this is a program based on financial need, you can qualify for these benefits if you do not exceed the Social Security Administration’s limit for income and/or assets.
Get Your Free Consultation Now
"*" indicates required fields
Notable Case Results
$150,000
for a client who slipped and fell in a 7/11 parking lot in the early morning as she was going to work at Dunkin Donuts. The parking lot had ice, causing her to slip and fall, breaking her right wrist. The parking lot had not been treated with salt or sand.
$52,000
Client fell in Stop and Save in Fall River on Locust street. The fall caused a torn meniscus which needed surgery. There had been a water spill but no sign was put down. Liability was denied but we got compensation for our client
$250,000
Client went to a nail Salon in Fall River MA, she went for a pedicure. The tech cut her foot while removing dead skin. The worker put the eldery womans foot in her shoe, resulting in a large infection in which she almost needed to have her foot amputated.
$53,601
Client living in Fall River MA, had several issues leading to disability OCD/Depression, anxiety, bipolar.
$360,000
Veteran of the Army living in Swansea MA, served for a few years during the 1960s as a Military Police officer. After serving his suffered from depression, heart failure, headaches and vertigo. Our firm attorneys worked to connect these disabiling issues to the time served and got the client over $360,000.
I strongly recommend them.
They helped me tremendously, prepared me for what to expect! Without Rob Levine’s firm I would not have known what to do ! I was so blessed to have found them ! There are a lot of hoops to jump through to get your disability, they helped me understand everything that was going on! I can’t thank them enough! Thank you Harley and Lindsey!
Donna W.
From day one, I’ve had an overall great experience with Rob Levine Law.
My case manager Juliana is very courteous, friendly and knowledgeable. Any time I have ever had a question or needed updates she always responds in record timing. Thanks to Rob Levine Law I won my SSDI case! Thank you so much for all of the work your team did for me. Excellent and superb service and I will always recommend your firm! Thanks again to Juliana, Attorney Ellen, Rob and team!
Andrea L. Williams
A very professional and kind firm.
They had quick and easy customer service versus the regular run of the mill automated system that would keep you going back and forth between options. They were great at explaining everything in detail and left me with no doubts or questions. I highly recommend this places for your service needs.
Jonathan F.
Additional Resources
Related Pages
Social Security disability payments are not standard across the board. Social Security disability pays different individuals different amounts depending on...
NEED HELP UNDERSTANDING THE INITIAL CLAIM PROCESS? GET AN ATTORNEY The initial claim application is filed at the local Social...
Unlike other programs, Social Security pays only for total disability. No benefits are payable for partial or short-term disability. And...
