MA & RI Social Security Disability Attorneys | SSI & SSDI

April 18, 2015

Supplemental Security Income (SSI) and Social Security Disability (SSDI) Supplemental Security Income (SSI) and Social Security Disability (SSDI) are benefits provided to individuals based on their assets, income and needs. However, there are significant differences between both programs and who is entitled to receive benefits.

The SSI Program

The Supplemental Security Income program was developed on a stringent need-only basis for benefits are provided to individuals in an amount in accordance with the beneficiary’s assets and income. The funds are provided through general fund taxes. Often referred to as a “means-tested” program, Supplemental Security Insurance is not associated with an individual’s work history but based on their financial needs.

Disabled individuals who are eligible for SSI benefits might also receive Medicaid through the state’s insurance system. In addition to financial benefits, recipients might also be provided food stamps.

The SSDI Program

Alternatively, the Social Security Disability Insurance program is funded through the individual’s payroll taxes. The benefits are provided through “insurance” because the individual has contributed to their Social Security trust fund through FICA taxes. Every recipient through the SSDI program must be 64 years old or younger and have earned a specific amount of “work credits.” In some scenarios, the spouse or dependents of the disabled individual might also receive partial payments known as “auxiliary benefits.”

The SSDI program is not state-sponsored with supplemental payments. However, additional benefits through the SSI program might be provided as a state supplement.

Rhode Island meets the national average of receiving disability benefits that tend to vary between states. Approximately one out of every three initial applications is accepted for compensation while another one out of nine requires a Reconsideration Review. Nearly one-half of all cases for supplemental security income benefits will involve an appeal hearing with an average wait time for a hearing in front of an administrative law judge of more than 375 days.

Rhode Island has a State Supplemental Payment (SSP) benefit that is awarded through the state’s Department of Human Services (DHS). Beneficiaries in the state receive two checks every month, from SSA (Social Security Administration) and DHS.

Developing a Case for Compensation

Nearly every individual applying for SSI and SSDI has little comprehension on how to prepare a claim for compensation to present their case at a hearing. As a result, they often hire a skilled Rhode Island attorney or MA SSI lawyer to serve as a legal representative and advocate. These RI SSDI lawyers have expertise and familiarity with the rules and regulations of the Social Security Administration. The Rhode Island Social security disability lawyer or Massachusetts SSDI attorneys can provide legal assistance in developing a case for compensation. As an effective disability advocate, the MA (mass.) or RI attorney understands exactly what the administrative judge wants to review, including a particular medical condition and much-needed answers from the claimant’s doctor.

These Mass or RI attorneys work on contingency and are only paid when the claimant wins their case. The Massachusetts or Rhode Island lawyer provides a variety of services including:

• Locating and acquiring essential medical documents, test results and diagnoses.
• Acquiring detailed written statements from each treating physician
• The use of their expertise to complete the application documentation, meeting all SSA regulations to complete the disability adjudication process

The majority of unrepresented individuals who have successfully completed their claim and won an award often do not receive the best “onset date” that determines the amount of back pay they will receive. Alternatively, a skilled Rhode island or Massachusetts attorney will know how to provide evidence of the earliest onset date to ensure the claimant receives benefits from the beginning of their disability or financial needs and not from the time their case is resolved.

The sooner the claimant hires a Rhode island or MA attorney to apply for benefits the better. This is because receiving benefits through both the SSDI and SSI programs can take a significant amount of time.


Rear End Car Accident Injury Lawyers in Rhode Island & MA

April 18, 2015

Rear end collisions in Rhode IslandRear end collisions in RI and MA often produce catastrophic results, where the victim suffers serious injuries or death. Nearly every rear end car accident in Rhode Island and Massachusetts is preventable and often occurs through negligence, recklessness or inattention. In addition to severe property damage, these types of accidents in Mas. and Rhode Island often produce catastrophic results caused by speeding, distracted driving or tailgating.

A rear end motor vehicle crash happens when the front of an automobile collides into the back of another one. Statistics maintained by the NHTSA (National Highway Traffic Safety Administration) claim that six percent of all vehicle accident fatalities in 2011 were caused by a rear end collision. Survivors often suffer serious injuries including:

• Serious back or neck injuries such as herniated discs and whiplash
• Disfiguring injury
• Lacerations, cuts and bruises
• Seatbelt injury
• Head injuries including TBIs (traumatic brain injuries)

Auto Crash Liability in Boston MA and Providence RI

Nearly every type of rear end auto crash in Rhode Island is caused by the negligent actions of one or both drivers. By law, all drivers following another must provide adequate distance between vehicles to ensure there is sufficient space to come to a complete stop. This distance is based on numerous factors including the conditions of the road, weather, speed and driving behaviors.

Every motorist is expected to provide a specific level of care to maximize safety for themselves, their passengers another’s on the roadway. The rear end collision in RI can be avoided if specific rules of the road are followed including:

1. Operate the vehicle at or below the posted speed limit
2. Change from one lane to another only when safe
3. Follow vehicles at a distance that is both prudent and reasonable to ensure no accident occurs

Car Drivers who do not follow the three specific rules listed above can be found legally liable for the crash and responsible for financial damages.

There may be incidences where there are multiple parties at fault for causing the rear end collision. As an example, the collision might involve a third vehicle that was behind the driver that struck the victim’s car. One crash might contribute to a second collision because drivers were tailgating, speeding, or not paying attention to the roadway. These types of cases can be complex because fault must be apportioned to the different negligent parties before determining the extent of responsibility each party has in a claim.

Recovering Damages in Providence Superior Court or Massachusetts Courts

Any victim of a rear end collision has the legal right to file a claim or lawsuit for damages. However, these types of cases are often complex. Because of that, many victims in RI and Boston Massachusetts will hire a Rhode Island personal injury attorney or a MA car accident lawyerwho specializes in rear end car accidents.

A competent East Providence Injury lawyer will seek damages on behalf of their client to recoup hospital in medical care, lost wages, property damage, pain, suffering and mental anguish. In cases where the collision was fatal, some surviving family members of the victim have the legal right to seek damages. A reputable wrongful death car accident attorney in Rhode Island can file a wrongful death lawsuit to provide compensation to cover the relatives’ losses including:

• Medical bills associated with the deceased loved one
• Funeral and burial expenses
• Lost wages and loss of potential future earnings
• Loss of companionship and consortium
• Property damage

Car accident personal injury attorneys in RI and Mass. provide legal representation and advocacy to ensure the rights of their clients are protected. A seasoned Rhode Island law firm will handle every aspect of a personal injury claim or wrongful death lawsuit including negotiating an out-of-court settlement or taking the case to trial. Most of these types of cases are handled on contingency, meaning that victims and surviving family members can receive instant legal assistance without the need of paying any upfront fees.

http://www.nhtsa.gov/Research/Crash+Avoidance/Office+of+Crash+Avoidance+Research+Technical+Publications

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.


MA & RI Truck Accident Injury Attorney: “Types of Tractor-Trailer Negligence”

April 17, 2015

Rhode Island ypes of Tractor-Trailer NegligenceThe numbers of large commercial vehicles traveling the highways, roads and streets have risen significantly in recent years in Rhode Island and Massachusetts. So too has the numbers of semi, 18-wheel and tractor-trailer accidents. Typically, crashes involving commercial trucks, big rigs and passenger vehicles usually results in catastrophic injuries and death. Even a minor truck accident / crash in RI and Mass.can be deadly.

Commercial vehicles are the major carriers for transporting and shipping goods across the nation and in Rhode Island and Massachusetts (MA). However, a fully loaded semi tractor-trailer can weigh in excess of 80,000 pounds. Any collision with other objects or people can produce tragic, fatal consequences.

Tractor-trailer and large commercial vehicle accidents take the lives of more than 5000 individuals every year in the US. More than 4000 of those individuals are passengers in automobiles, pickup trucks, motorcycles or bicycles hit by a large rig. The other victims were truckers and their passengers.

In the event of a serious injury in a RI or MA truck accident then it is important that the injured victim retain one of the best Rhode Island truck accident lawyers or Massachusetts trucking crash attorneys.
Accident Causes in Boston MA and Providence RI

The NHTSA (National Highway Traffic Safety Administration) has reported on the inherent dangers of operating large commercial trucks. The leading causes of most semi-truck, commercial vehicle and 18-wheel accidents involve:

• Trucker error
• Driving fatigue or tiredness
• Distracted driving including texting, talking on cell phones, speaking with passengers, watching videos or adjusting the radio
• Technical malfunctions
• Faulty, poor or missing maintenance practices
• Runaway trailers
• Defective tire blowouts
• Brake failure, brake malfunctions or out of service brake systems
• Overloading semi-trucks and trailers
• Shifting unsecured cargo
• Jack-knifing
• Violating the rules of the road as directed by Motor Carrier Safety Regulations

Not all truck collisions involving passenger vehicles occur from driver error, truck malfunction or negligence. Other motorists on the road can such as motorists driving motorcycles, car, suvs and vans also violate safety and traffic laws, causing many commercial vehicle / automobile  (auto) accidents.

Fatigued and Tired Driving in Mass. and Rhode Island and Providence Plantations

Operating a semi-truck and trailer in MA and RI is an extremely stressful occupation, where most truckers are paid by the mile. Their paycheck often reflects the amount of distance they cover every day, meaning they generate greater income by driving many hours.

However, there is a significant downside to pushing commercial truckers to spend many hours behind the wheel, even at the risk of becoming fatigued and tired. In many incidences, the commercial trucker must meet extremely unreasonable deadlines and work within tight schedules of delivering or picking up loads. Driving long hours often creates unsafe road conditions for the trucker and surrounding motorists, car operators, bicyclists and pedestrians.

Substandard Maintenance Practices in Rhode Island and Massachusetts

Many truck accidents in Rhode Island and Massachusetts are the result of poor or missing maintenance practices. Without proper upkeep, the large commercial truck’s braking system can fail, tires can wear out and the engine can begin to malfunction, producing very unsafe conditions on the roadway.

Many truckers and trucking companies increase their profits at the expense of proper maintenance on the rig. Only prudent motor carriers comprehend the value of how ongoing maintenance can reduce vehicle downtime while saving lives.

Distracted Driving in The Commonwealth of Massachusetts and Ii Rhode island

The long hours, solitude, boredom and traffic conditions can create a high propensity for distracted driving. Many truckers attempt alternative solutions to stay awake or keep entertained when behind the wheel. This includes using cell phones, operating music iPods, adjusting the radio, eating, drinking or speaking to passengers inside the rig.

Cell phone use has been banned in the commercial trucking industry anytime the driver is operating the vehicle. However, even with the ban firmly in place, many professional drivers continue noncompliance with the rule.

Recovering Compensation

If you, or a loved one, have been injured in a semi-truck, tractor-trailer or 18-wheeler accident in Rhode island or Massachusetts, it is essential to hire a RI or MA personal injury attorney or MA truck collision attorney to handle your claim or lawsuit. Your Rhode island trucking accident lawyers can build the case to recover damages that include your past, present and ongoing medical expenses, loss of wages, mental anguish, pain, suffering and emotional stress.

A Rhode Island personal injury attorney or a Providence truck accident lawyer can seek compensation in providence superior Court  or Kent County Courts as a result of your injuries. In the event of the death of a loved one, spouse or family member then the family should speak with A RI wrongful death lawyer A Rhode Island wrongful death attorney will have experience in fatal trucking wrecks and will help the family get justice for the deadly  RI truck crash.

http://www-nrd.nhtsa.dot.gov/Pubs/811868.pdf


Rhode Island & MA Motorcycle Accident Wrongful Death Lawyer

April 16, 2015

Rhode Island Motorcycle Accident Wrongful Death LawyerEven with significant advancements in motorcycle technology and evolving helmet laws, thousands of responsible riders become victims of a motorcycle accident wrongful death every year. In many incidences, the fatalities were the result of collisions with other vehicles and the lack of body protection of both the rider and passenger. A large percent of motorcycle accident wrongful death occurs in multiple vehicle crashes.
When a rider is killed in a collision in Rhode Island or Massachusetts through the negligence or misconduct of others, surviving family members have a legal right to seek financial compensation for the loss of companionship and love from the decedent. A civil claim for wrongful death in RI or MAmust be filed in civil court in order for the surviving family members to receive financial compensation.

Defining Wrongful Death in Rhode Island and Massachusetts

Wrongful death in RI and Mass. is a legal term referring to any death caused by the negligence, wrongdoing or recklessness of another. Wrongful death lawsuits are personal injury claims involving civil action against parties responsible for the fatality. When the action of an irresponsible party causes the death in a motorcycle accident, they may face both criminal charges and a civil court liability lawsuit.

Motorcycle accidents in Rhode island and Massachusetts involving fatalities happen with single vehicles, multiple vehicles, highway defects, equipment malfunctions and defective motorcycle parts. Surviving family members can file a motorcycle accident wrongful death lawsuit against any third party determined to be at fault for the death of their loved one, including motorcycle manufacturers, equipment suppliers and road maintenance crews.

Accidents Caused by Mechanical Issues in RI and Mass.

Numerous motorcycle accidents in Massachusetts and RI are the result of design or manufacturing defects of the entire bike or its components. Numerous mechanical and equipment issues can cause the accident including:

• Faulty brakes
• Defective tires
• Cracked or broken wheels
• Accelerator issues
• Malfunctioning exhaust pipe system
• Defective seat
• Defective helmet

Filing a Claim or Lawsuit in Rhode island and Providence Plantations or the Commonwealth of Massachusetts

Immediate surviving family members of the deceased typically file a claim for wrongful death compensation in Rhode Island  (RI) Or Massachusetts (MA). Survivors could include the spouse, children, siblings, parents, grandparents or any individual set forth in the wrongful death statute in the applicable state. Usually, the plaintiffs (surviving family members) will seek recovery for their losses that could include:

• Lost earnings
• Medical expenses associated with the accident
• Funeral and burial expenses
• Loss of future income, care, support, inheritance, benefits and retirement
• Out-of-pocket expense reimbursement
• Loss of companionship and consortium
• General damages
• Emotional distress, mental anxiety and grief
• Pain and suffering experienced by the decedent prior to death
• Pain and suffering experienced by the plaintiffs

Hiring a RI motorcycle accident  Attorney or a Massachusetts Bike crash lawyer

If you have suddenly lost a loved one in a motorcycle accident, you likely have many legal questions on how to seek financial compensation. Filing a claim against a party responsible for the accident can be confusing and complex. Because of that, it is essential to consider hiring a  Massachusetts personal injury attorney  or Rhode island motorcycle accident lawyer who specializes in motorcycle accidents with injuries and death. A reputable law firm will have a comprehensive understanding of state tort law and the rules of the road.

Experienced Boston Bike crash lawyers have access to valuable resources and investigators that can reconstruct the accident to determine fault. The evidence may prove that another negligent motorist caused the death of your loved one. It may be that the driver of the other vehicle was irresponsible, speeding, disobeying posted traffic signs, violating traffic safety laws, ignoring adverse weather conditions or operating their vehicle under the influence of alcohol or drugs.

Losing your loved one has likely changed your life forever. Even though monetary compensation can never serve as a replacement, you should never be financially strapped with difficult times because of the irresponsible actions of another.


RI & MA Moped Crash Attorney : Vacationing Tourist Moped Accidents

April 3, 2015

Vacationing Tourist Moped Accidents in Rhode IslandMany vacationing tourists in Rhode Island and Massachusetts want to engage with the local scene and will often rent scooters and mopeds to enjoy their surroundings. However, Block Island, Nantucket and Martha’s Vineyard tourist-related scooter and moped accidents occur because of numerous reasons including lack of driving experience, unfamiliar surroundings and dangerous roadway conditions.

Mopeds and scooters tend to be an affordable solution, especially compared to renting a car. The narrow streets of quaint villages, tropical islands and family vacationing destinations make two-wheel travel a convenient option. However, these motorized machines can cause significant injuries or fatalities when involved in a Rhode Island or Mass. accident with a car, pickup truck, SUV or van. This is because riders and passengers in MA and RI usually have little more than their clothing and a helmet to provide protection should a serious accident occur in Nantucket, Martha’s Vineyard or Block Island.

Unique Risks and Dangerous Conditions

Scooter and moped accidents in Rhode Island and Massachusetts usually happen because small-motorized vehicles are not as easy to spot as an automobile, car, truck, motorcycle or commercial truck. Riders and passengers in Mass and Rhode Island on these motorized scooters are often at the greatest risk by other tourists, residents and visitors driving motor vehicles distracted. In fact, many roads in vacation areas such as Nantucket, Martha’s Vineyard or Block Island are filled with automobile (auto) drivers unfamiliar with the local area and common traffic patterns.

It is risky trusting your case to a local lawyer in these vacation spots who normally handle wills, trusts, real estate and local matters. These ‘townie’ type lawyers may be in over their head almost immediately when they are trying to litigate a catastrophic or wrongful death moped crash injury cause of action.

The unique risks involved in riding mopeds and scooters in Massachusetts and Rhode Island and Providence Plantations tend to create potentially dangerous scenarios at nearly any vacation destination. These unique risks include:

• Limited Visibility – The small frame and low stature of mopeds and scooters make them nearly invisible to others on the roadway. Many scooter riders will attempt to maneuver their machine between other vehicles, increasing the potential of being involved in a collision with other drivers. The low profile of the machine makes it nearly invisible to vehicles backing up, turning or making a lane change.

• Quiet Operation – The engines of mopeds and scooters tend to run relatively quiet compared to other motorized vehicles on the roadway. Many times, drivers, pedestrians, bicyclists and others on the road never hear the approaching scooter until it is too late to take evasive action.

• Quick Unexpected Stops – Mopeds, scooters and other small engine two-wheel vehicles often make quick stops at red lights, stop signs and behind other stalled traffic. However, these quick stops tend to confuse other drivers who can easily misjudge distance and the required braking time and space needed to prevent a collision.

In many of these types of accidents, moped and scooter riders and passengers suffer catastrophic injuries or death. As a result, they often need to file a claim for compensation to recoup their losses including medical bills and funeral expenses.

Filing a Claim for Compensation in Rhode Island or Massachusetts

Insurance companies tend to blame scooter and moped riders for accidents, collisions and injuries. This stereotypical, outdated notion of reckless behavior often makes it more challenging for victims to seek and obtain financial compensation in Rhode Island and Massachusetts. This is important because these types of accidents can cause serious injuries including broken bones, traumatic brain injuries (TBIs), lost limbs, road rash, bruising, lacerations and disfigurement.

As a result, many injured victims in Mass. or RI will hire a personal injury attorney who specializes in scooter and moped accidents. The amounts of compensation the victims receive are usually adequate to pay for various losses including:

• The costs associated with hospitalization and medical care
• The expense of rehabilitation and physical therapy
• Recouped funds from time away from work while healing
• Intangible damages including pain, suffering, emotional trauma, mental anguish and grief
• Funeral and burial expenses

Handing over the claim which occurred in Block Island, Nantucket or Martha’s Vineyard to a reputable Providence Rhode Island personal injury attorney or Boston Massachusetts car accident lawyer who specializes in moped and scooter accidents is a wise decision. The Rhode Island or Boston law firm can help you prove the negligence of other automobile drivers at fault for your injuries.

The RI car accident lawyer can handle every aspect of your case. This is important because of their vast resources to conduct a thorough investigation. This means they will gather evidence, obtain eyewitness accounts and re-create the scene of the accident to ensure you receive maximum compensation for your injuries and losses.

In the event of a fatal moped accident in RI or MA it is important that you retain RI or MA personal injury or car accident lawyers / attorneys who also have experience in wrongful death causes of action. A Rhode Island wrongful death attorney will help the family or loved ones obtain compensation as a result of the deadly / fatal crash.