Social Security Disability Lawyer in Newport, RI
Many people think that Social Security is only for old people who reach retirement age. However, Social Security also pays disability benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death.
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Legally Reviewed by:
Rob Levine
Last Updated:
January 22, 2025
How an Experienced Social Security Lawyer Can Help
First, let’s discuss Social Security Disability Income, also known as SSDI. In order to qualify for SSDI benefits, you must first have worked in jobs in which a portion of your income was being paid to Social Security. In addition to the Social Security income contribution requirements, you must also have a medical condition that meets Social Security’s definition of disability. Social Security defines disability as the total inability to engage in work activity by reason of any medically determinable impairment (physical or mental) which can be expected to result in death, or which has lasted or can be expected to last for a continuous 12 months or more. When you are approved, you will receive monthly cash benefits along with Medicare if you are unable to work for a year or more because of a disability, or if your condition is likely to result in death.
If you are disabled and have not paid enough into Social Security to be eligible for Social Security disability benefits, then a claim for Supplemental Security Income might be appropriate for you. This program is available to people who have limited income and limited resources. In other words, it’s a need-based program for people with virtually no money coming into the household and no assets.
Benefits usually continue until you are able to work again on a regular basis or you reach retirement age.
Call a Newport disability lawyer to talk about your SSD concerns at NO COST.
Unsure About Disability? Talk to a Newport Disability Attorney
“I want to work…but I’m not sure if I’m ready…”There are a number of special rules, called “work incentives,” that provide continued benefits and health care coverage to help you make the transition back to work. If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same. Work incentives provide protection and motivation to allow you to try to go back to work without worrying about having to go through the Social Security application process again if you are not successful. People with disabilities receiving Social Security or Supplemental Security Income (SSI) can work and still receive monthly payments and Medicare or Medicaid. One of Social Security’s work incentives is the trial work period. The trial work period (TWP) allows you to test your ability to work for up to nine months. During the TWP, you continue to receive your full disability benefits regardless of how much you earn. In order to take advantage of the TWP, you must continue to have a disabling impairment and you must report the work activity to Social Security. The nine months doesn’t need to be consecutive, but you cannot exceed nine months of work activity within a 60-month time period.Social Security also provides an incentive to return to work by crediting Impairment Related Work Expenses (IRWE). When deciding if you are performing substantial work, Social Security deducts the costs of certain impairment-related expenses that you need in order to work. Impairment-related expenses include the costs of things such as wheelchairs, certain transportation expenses, and specialized work-related equipment.
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.
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Notable Case Results
$250,000
Automobile struck minor client who was skateboarding on Americas Cup Avenue in Newport resulting in his head leaving a dent in the vehicle’s hood. Client suffered multiple abrasions and a concussion resulting in his admission to the hospital for observation. Client lost time from school due to his injuries, but was able to catch back up and graduate on time. The settlement is providing him with critical funds to invest in a new life ahead.
$100,000
Client was a passanger traveling on Coddington Highway in Newport. Car came to stop at intersection, other car did not see the car our client was in and hit them head on. The impact was so hard it caused our client to fracture their pelvis in two places which required surgery.
$500,000
A semi truck began backing on to Davisville Road in North Kingstown, it did not stop for traffic and backed into our clients vehicle. Our client was rushed to South County Hosptial with body pain and facial stitches.
$500,000
We represented two clients that were jetskiing in Newport. Another jetski hit them causing severe injuries, as they were rushed to Rhode Island Hospital. Each had fractures to their extremities. We were able to settle for defendants policy limits.
$100,000
Client was at Gurney’s in Newport. The stairs that lead to the clients room were poorly lit, as many lights had not been replaced. The client fell, tearing the quad muscle and needing surgery.
$150,000
Client was visiting a nursing home in Middletown RI. While bringing flowers to her family member she slipped and fell in a puddle of water. Long term pain management and pain injections.
$24,716
Client was living in Jamestown RI suffering from Deep vein thrombosis, Pain, Chronic Fatigue, Depression, Anxiety leaving him unable to work.
$180,000
Veteran living in Portsmouth RI had suffered hearing loss, PTSD and HTN from his time in the Army we were able to get him nearly $200,000 in back benefits.
I highly recommend them and will continue to seek their services and advice.
Rob Levine Law have been very helpful in my request to receive Compensation Benefits for injuries I incurred while in service. I’ve suggested their services to a number of Veterans seeking legal services.
Sandyabdullah Muhammad
They have been very responsive to me even after my disability case was approved and settled.
I can still call them anytime with questions and always get a response. Daniela has been great. If you’re lucky enough to work with her you will enjoy her helpfulness as well as her ability to go above and beyond for her clients.
Carmen Talbot
I am beyond satisfied with how Atty Daniel Le Clair handled my case and the end result was beyond anything I could have expected.
He kept me updated throughout the process and was very fast in replying to any questions I had. Hopefully I won’t need his services again, but if I do, I won’t hesitate to reach out to him and his office again.
Christopher Holmes
I think every veteran should work with this firm.
After all these years and all this time, finally a person and a firm that will stand by me. Jairo Manchola was a complete professional and answered all my questions. I feel like I have a coach in my corner to take on the monster known as Veterans Affairs. I look forward to working with Rob Levine Law in the near future and help me get the compensation I deserve and fought for. Once again, thank you, Jairo, for making this very easy and non-drama.
Edward C.
Highly recommend!!!!
This firm made dealing with social security administration COMPLETELY non-stressful. The people (specifically Eduardo Rueda (Eddie) were polite, informative, and completely and thoroughly professional, helping me through all the stages of the process.
Thomas B.
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