If you are unable to work due to physical or mental incapacity, you may be eligible for Social Security disability insurance (SSDI) payments in Rhode Island. The Social Security Disability process is a complicated, drawn-out system where most first-time applicants are initially denied, regardless of the severity of their disability.
Many claimants give up, believing that they are not eligible or cannot win.
Do not give up. This is exactly what the Social Security Administration (SSA) wants you to do. They are relying on you to take them at their word and walk away without questioning the decision. You have the right to challenge the denial of your claim, and there is a formal appeals process in place for you do so.
As complex as the initial application process can be, the appeals process can be even more so. Having a Providence SSDI lawyer representing you from the outset can help to ensure that your rights are protected and that you receive the benefits you deserve. From our offices in Providence and Middletown, Karns & Kerrison represents Rhode Island and Massachusetts clients in all aspects of the Social Security process.
Contact us today at (888) 281-3100 for a free initial consultation with our legal team.
Understanding the SSA's Approach to Benefit Claims
The SSA considers the term “disabled” to apply to anyone who has a medical or mental impairment that prevents them from performing any substantial gainful activity, could result in death, or is expected to last a minimum of 12-months’ time.
Applications, documentation, and appeals for Social Security Disability are all subject to strict guidelines and time limits for filing. Our Social Security disability attorneys in Providence are well-versed in the systems and procedures used by the government for determining eligibility and payment to disabled persons. We have years of experience in filing SSDI claims, and we have secured favorable outcomes for claimants throughout Rhode Island and Massachusetts.
How Do I Start the Process?
First, you will need to determine if you are eligible for SSDI benefits in your state.
Some of the people who may apply for SSDI benefits include but are not limited to:
- Parents for children with disabilities
- Wounded warriors
- Disabled workers of all kinds and backgrounds
The office of Social Security Disability will require that you provide them with full documentation of all of your medical records. You will probably be required to have a special examination by a Social Security Disability-approved physician, and you will most likely need to file an appeal to the initial denial of your claim. Our firm can assist you with this entire process, including any appeals or hearings that may be required to see you through to the final conclusion of your claim.
One important note to keep in mind is that while Supplemental Security Income (SSI) payments are taken from a federal program, SSDI payments are taken from those payments made by employees into the Social Security system for disability and injury-related needs. If you have sustained an injury that has left you permanently disabled and unable to work, you may be eligible for SSDI.
Which Mental Disorders Qualify for Social Security Disability?
Here is what the SSA has to say about which mental disorders qualify for assistance.
To be approved, your condition must have been persistent and considered serious by a medical professional for at least two years before you apply. You must be able to show that you have sought support such as mental health therapy, treatment, psychosocial support, or an altered setting void of triggers.
If you do not have proof of these, you need to show that your condition prevents you from being able to concentrate, remember, understand or apply information. You may also be approved if you can provide documentation of the negative effects on your language, social cognition, complex attention, executive function, or learning and memory fields.
Some of the most common disorders that are approved include conditions related to bipolar disorder or depression. These need to be severe enough that they prevent you from being able to function in normal work and social environments. You may also be considered if you have obsessive-compulsive disorder (OCD), anxiety, schizophrenia, or other intellectual disorders. Other qualifying conditions include neurocognitive disorders, paranoia, somatic symptoms, and impulse-control and personality disorders.
What If I Haven't Worked in the Last Couple of Years?
If you have worked in a Social Security-covered job for at least five of the last 10 years, you should be eligible for SSDI benefits. If you cannot pass the work requirement tests, have not held an eligible job, or have not worked at all, you may still be eligible for Supplemental Security Income (SSI).
What Is My "Established Onset Date?"
Your established onset date (EOD) is the date that you became disabled. This date is important if you are approved for SSDI as it is used to calculate your past-due benefits.
How Far Back Will Social Security Pay If Approved?
If approved for SSI benefits, you will get past due benefits beginning the date of your application even if your date of disability was before your application date. If approved for SSDI benefits, the back pay will have a five-month waiting period from the established onset date (EOD). Another important restriction regarding disability back pay is that it can only extend up to 12 months before the date of filing. A claimant who has been disabled for years but waited until recently to file a claim can only receive past-due benefits for the year before.
How Long Does a Social Security Claim Take?
This question is difficult to answer as all claims are different. In some cases, a claim can be won in as little as 30 days and some claims can take two years.
How Much Will I Get If I'm Approved for SSI or SSDI?
Monthly SSI disability benefits are set by federal law and are increased each January to account for a rise in the cost-of-living. If approved for SSDI, benefits are based on past wages and the amount of time worked. Benefits generally range from $500 to $2,000 per month, with the average monthly payment over $1,100.
How Much Will It Cost to Hire an SSDI Attorney?
The fee is limited to 25 percent of the back-due or past-due benefits you are awarded. The maximum fee is set at $6,000. The attorney will be paid only out of your back pay or past-due benefits.
Contact Karns & Kerrison for a Free Consultation
Contact the Social Security disability insurance lawyers at Karns & Kerrison for a free consultation and more information. We have offices located in Providence and Middletown for your convenience. Cases are taken on a contingency fee basis, meaning you pay no attorney fees unless we win compensation for you.
We can be reached online via our contact form or by phone at (888) 281-3100.
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