Living with a disability that prevents you from working is one of the most stressful situations you can face. Bills keep coming, savings diminish, and the Social Security disability system feels as if it were designed to say no. You’re not alone in feeling overwhelmed by this process, and you don’t have to navigate it on your own.
McCravy, Newlon, & Clardy Law Firm has 30 years of experience helping people navigate the Social Security disability process. We recognize how challenging it can be to deal with paperwork, medical records, and long wait times when you’re already struggling with a serious health condition. Our team handles disability claims throughout Virginia, and we’re ready to help you fight for the benefits you’ve earned.
Call 1-833-FILESSA for a free consultation. You don’t pay us unless we win your case.
Understanding Social Security Disability Benefits
Social Security disability isn’t a handout. It’s a program you’ve paid into through years of working and paying taxes. When a medical condition prevents you from earning a living, these benefits are there to help you stay afloat. But the system recognizes two distinct programs, and understanding which one applies to you matters.
SSDI (Social Security Disability Insurance)
SSDI is for individuals who have worked long enough to earn sufficient work credits through payroll taxes. The Social Security Administration (SSA) requires a certain number of credits based on your age, and most people need 40 credits total (with 20 earned in the last 10 years). Your monthly benefit amount depends on your lifetime earnings. If you’ve spent years working and paying into the system, SSDI is likely the program you’ll apply for.
SSI (Supplemental Security Income)
SSI is a needs-based program for people with limited income and resources who are disabled, blind, or over 65. You don’t need work credits to qualify for SSI, but you must meet strict financial limits. As of 2024, the resource limit is $2,000 for individuals and $3,000 for couples.
Some people qualify for both SSDI and SSI at the same time. An experienced Virginia Social Security disability lawyer can help you determine which programs apply to your situation and make sure you’re applying for everything you’re entitled to.
Qualifying Conditions for Disability in Virginia
The SSA does not approve claims based solely on a diagnosis. You must prove your condition is severe enough to prevent you from performing substantial gainful activity (SGA) for at least 12 months or that it’s expected to result in death.
Virginia’s Disability Determination Services (DDS), located in Richmond, reviews disability claims on behalf of the SSA. DDS medical consultants evaluate your application and medical evidence to decide whether your condition meets the SSA’s definition of disability.
Conditions commonly qualifying include:
– Musculoskeletal disorders: back injuries, joint problems, degenerative disc disease
– Cardiovascular conditions: heart failure, coronary artery disease
– Mental health disorders: depression, anxiety, PTSD, bipolar disorder
– Neurological conditions: multiple sclerosis, epilepsy, Parkinson’s disease
– Immune system disorders: lupus, HIV/AIDS, rheumatoid arthritis
– Cancer
– Respiratory illnesses: COPD, chronic asthma
– Chronic pain conditions: fibromyalgia, complex regional pain syndrome
The SSA maintains a “Blue Book” listing of impairments that may qualify. But even if your condition isn’t listed, you can still be approved if your medical evidence proves you cannot work. Having a VA disability attorney who knows how to present your case is critical.
How to Apply for Social Security Disability in Virginia
You can apply for SSDI or SSI in several ways: online at ssa.gov, by calling the SSA directly, or by visiting your local Social Security office in Virginia. The application asks for detailed information about your medical conditions, work history, daily activities, and treatment.
Here’s what the process typically looks like.
- Gather your medical records. You’ll need documentation from every doctor, hospital, and treatment provider who’s treated your condition. The more thorough your records, the stronger your claim.
- Complete the application. This includes the initial disability application plus detailed function reports describing how your condition affects your daily life.
- Virginia DDS reviews your claim. The Richmond DDS office will review your medical evidence and may send you for a consultative examination with one of their doctors.
- SSA makes a decision. Based on the DDS recommendation, the SSA approves or denies your claim.
While this may sound straightforward, the reality is far more complicated. The application asks questions that seem simple but have significant legal implications. How you describe your limitations, what medical evidence you include, and how your doctors document your condition can all determine whether your claim succeeds or fails.
Call 1-833-FILESSA today to talk with someone who can guide you through each step. Your consultation is free.
Why Disability Claims are Denied in Virginia
Here’s a difficult truth: the majority of initial Social Security disability applications are denied. Nationally, approval rates at the initial stage hover around 30-40%. Virginia’s numbers follow similar patterns, and many deserving applicants receive denial letters.
Common reasons claims are denied include:
– Insufficient medical evidence: This is the number one reason. If your medical records don’t clearly document the severity of your condition and its impact on your ability to work, DDS will deny your claim.
– Failure to follow prescribed treatment: If your doctor recommended treatment and you didn’t follow through (without a valid reason), the SSA may deny your claim.
– Earning too much money: If you’re working above the SGA limit ($1,550 per month in 2024 for non-blind individuals), you won’t qualify for SSDI.
– Condition isn’t expected to last 12 months: Short-term disabilities, no matter how severe, don’t meet the SSA’s duration requirement.
– Incomplete application: Missing information, unsigned forms, or failure to respond to SSA requests can result in automatic denial.
– Failure to attend a consultative exam: If DDS schedules you for an exam and you don’t show up, your claim will likely be denied.
A denial doesn’t mean you don’t deserve benefits. It often means your application didn’t present your case effectively. A Social Security lawyer in Virginia can identify where your claim fell short and build a stronger case on appeal.
The Appeals Process for Denied Claims
Receiving a denial is discouraging, but it’s not the end. The SSA has a four-level appeals process, and many people who are initially denied eventually win their benefits on appeal.
Reconsideration
The first level of appeal. A different DDS examiner reviews your claim from scratch. You can submit additional medical evidence at this stage. Unfortunately, approval rates at reconsideration are low (around 10-15% nationally).
Hearing before an administrative law judge
This is where most claims are successful. You’ll appear before an Administrative Law Judge (ALJ) who will review your entire file, hear testimony from you and possibly from medical or vocational witnesses. ALJ hearings have significantly higher approval rates than the initial application or reconsideration stages.
Having an SSDI lawyer in VA represent you at your hearing can make a substantial difference. Your attorney can question witnesses, present medical evidence effectively, and make legal arguments about why you meet the SSA’s disability criteria.
Appeals council review
If the ALJ denies your claim, you can request review by the SSA’s Appeals Council. The Council can grant your claim, send it back for a new hearing, or deny review.
Federal court review
The final option is filing a lawsuit in federal district court. Lawsuits are rare but available if all other appeals are exhausted.
Important: You have only 60 days from the date of each denial to file an appeal. Missing this deadline can force you to start the entire process over. Don’t wait to get help.
How Long Does the Disability Process Take in Virginia?
One of the hardest parts of filing for disability is the waiting. Processing times vary, but here’s what to expect in Virginia:
– Initial application: Three to six months on average
– Reconsideration: An additional three to five months
– ALJ hearing: This is where delays are most significant. Depending on the hearing office, you could wait 12 to 18 months or longer for a hearing date
From start to finish, if your case goes to a hearing, the entire process can take two years or more. This is why it’s so important to submit your application correctly the first time or to appeal quickly after a denial. Every delay costs you months of benefits you may be entitled to.
McCravy, Newlon, & Clardy works to move your case forward as efficiently as possible. We handle the paperwork, gather medical evidence, and prepare you for every stage so there are no unnecessary delays.
Why Hire a Virginia Social Security Disability Lawyer
You might wonder whether you really need an attorney for a disability claim. Here’s why working with an experienced Social Security lawyer in Virginia matters:
We know how the system works. With 30 years of experience, McCravy, Newlon & Clardy understands the SSA’s evaluation process inside and out. We know what DDS examiners in Richmond look for and how to present your case in a way that meets their criteria.
We build stronger claims. We work with your doctors to make sure your medical records clearly document how your condition prevents you from working. We identify gaps in your evidence and fill them before the SSA can use them as reasons to deny you.
We handle the paperwork and deadlines. The disability process involves mountains of forms, strict deadlines, and constant communication with the SSA. We manage all of this so you can focus on your health.
We represent you at hearings. If your case goes before an ALJ, we prepare you for testimony, present your medical evidence, and make compelling legal arguments on your behalf.
We operate on a contingency fee basis. You don’t pay us unless we win. Attorney fees in Social Security cases are regulated by federal law and typically amount to 25% of your back pay, capped at $7,200. Your consultation is completely free.
McCravy, Newlon, & Clardy is committed to ethical, honest representation. We’ll tell you upfront whether we think your case has merit, and we’ll be straightforward about what to expect throughout the process.
Frequently Asked Questions about Virginia Disability Claims
Can I work while applying for Social Security disability?
You can work, but your earnings must stay below the SGA limit ($1,550 per month in 2024). Earning more than this amount will generally disqualify you from SSDI benefits.
What if my doctor doesn’t support my disability claim?
Your doctor’s opinion matters, but it’s not the only evidence the SSA considers. We can help you gather additional medical evidence, request supportive statements from your treating physicians, and identify other documentation that supports your claim.
How much will I receive in disability benefits?
SSDI benefits are based on your lifetime earnings. The average monthly SSDI benefit in 2024 is around $1,537, but individual amounts vary. SSI pays a maximum federal benefit of $943 per month for individuals.
Do I need to be permanently disabled to qualify?
No. Your condition must prevent you from working for at least 12 months, but it doesn’t have to be permanent. If your condition is expected to improve, you may still qualify for benefits during the period you’re unable to work.
What does it cost to hire a disability attorney?
Nothing upfront. We work on a contingency basis, meaning you pay nothing unless we win your case. Federal law limits attorney fees in Social Security cases to 25% of your back pay (up to $7,200).
Receive Help From an Experienced Virginia Disability Attorney
You’ve worked hard and paid into the Social Security system. If a disability is keeping you from earning a living, you deserve the benefits you’ve earned. The application process is complicated, denials are common, and the appeals process is long. But you don’t have to face it alone.
McCravy, Newlon, & Clardy has spent 30 years helping people through this process. We’re committed to ethical, straightforward representation, and we’ll fight to receive the benefits you’re entitled to.
Call 1-833-FILESSA for a free consultation. There’s no obligation and no upfront cost. Let’s talk about your case and figure out the best path forward.
