Danville Social Security Disability Lawyer

If you’re unable to work due to a disability in Danville, Virginia, a Social Security disability lawyer can help you apply for benefits or appeal a denial. The application process is complex, and most initial claims get denied. In 2024, only about 32.5% of disability applications resulted in an award, according to the Social Security Administration. An experienced attorney understands what the SSA looks for and can strengthen your case from the start.

Gillette Law Group, PLLC helps Danville residents pursue Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. Attorney Brian J. Gillette has focused his practice on disability claims since 2007 and serves clients throughout Virginia, including the Danville area.

Why the Disability Application Process Is Difficult

Social Security disability isn’t easy to get. The federal government uses a strict definition of disability that’s different from most other programs.

According to the SSA, you must meet all of these requirements:

• You can’t do work you did before because of a medical condition
• You can’t adjust to other work because of your condition
• Your disability has lasted or is expected to last at least 12 months, or result in death

The SSA uses a five-step process to evaluate every claim. Examiners look at whether you’re working, how severe your condition is, whether it matches their list of qualifying impairments, and whether you could do any type of work at all. If you fail at any step, your claim gets denied.

This process trips up many applicants who have real disabilities. You might have a condition that limits you severely but doesn’t meet the SSA’s technical requirements. Or you might have all the right medical evidence, but submit it in a way that doesn’t clearly demonstrate your limitations.

How a Disability Lawyer Can Help

An attorney who handles Social Security disability claims understands how the SSA evaluates applications. Here’s what that means for your case:

• Gathering the right medical evidence. The SSA bases decisions heavily on medical records. A lawyer knows which records matter most and can work with your doctors to document your limitations in terms the SSA recognizes.
• Avoiding common application mistakes. Many claims fail because of incomplete forms, missing deadlines, or vague descriptions of how the disability affects daily activities. An experienced attorney has seen these problems before and knows how to prevent them.
• Handling appeals. If your claim is denied, you have a limited time to appeal. A disability lawyer can request reconsideration, prepare you for a hearing before an administrative law judge, and present your case effectively.
• Representing you at hearings. Disability hearings are technical. The judge asks specific questions and consults with vocational experts about jobs you might theoretically perform. Having a lawyer who knows the hearing process and the individual judges can make a real difference.

The numbers bear this out. While initial application approval rates sit around 25%, hearings before administrative law judges resulted in a 58% approval rate in 2024, according to SSA hearing office data. Legal representation helps applicants present stronger cases at each stage.

The Five-Step Disability Evaluation Process

The SSA follows a specific sequence when reviewing your disability claim. Understanding this process helps you see why applications often fail and what evidence matters most.

1. Step 1: Are you working? If you’re earning more than $1,620 per month in 2025, the SSA considers you engaged in “substantial gainful activity” and will deny your claim automatically. For blind individuals, the threshold is $2,700 per month, according to SSA guidelines.
2. Step 2: Is your condition severe? Your impairment must significantly limit your ability to perform basic work activities. Conditions that cause only minor limitations don’t qualify.
3. Step 3: Does your condition meet a listing? The SSA maintains a “Blue Book” of impairments that automatically qualify as disabilities. If your condition matches a listing, you can be approved without further evaluation.
4. Step 4: Can you do your past work? If your condition doesn’t meet a listing, the SSA looks at whether you could still perform jobs you’ve held in the past five years. As of June 2024, the SSA reduced the lookback period from 15 years to five years, according to recent rule changes.
5. Step 5: Can you do any other work? At this final step, the SSA considers your age, education, work experience, and remaining physical and mental capabilities to determine if any jobs exist in the national economy that you could perform. Your age matters significantly here. Applicants over 50 often have an easier time qualifying because the SSA applies more favorable rules.

What Benefits Can You Receive?

Two main programs provide disability benefits:

Social Security Disability Insurance (SSDI) is for workers who’ve paid into Social Security through payroll taxes. You need enough work credits to qualify. Generally, this means working five of the last ten years, though younger workers need fewer credits.

The average monthly SSDI benefit for disabled workers was $1,582 as of June 2025, according to SSA program data. Your actual benefit depends on your lifetime earnings. After receiving SSDI for 24 months, you automatically qualify for Medicare.

Supplemental Security Income (SSI) is for disabled individuals with limited income and resources, regardless of work history. The maximum SSI payment for 2025 is $967 per month for individuals and $1,450 for couples, according to SSA benefit information.

Some people qualify for both programs. Benefits don’t start immediately after approval. SSDI has a five-month waiting period, meaning your first payment arrives in the sixth full month after your disability began.

Current Disability Statistics

The numbers show how competitive the disability system has become. In 2024, the SSA received nearly 1.94 million applications for disabled-worker benefits and approved roughly 630,000 claims, according to SSA actuarial data. That’s an approval rate of about 32.5%.

As of June 2025, approximately 7.1 million disabled workers receive Social Security benefits, with total monthly payments exceeding $11.2 billion, according to the SSA Program Fact Sheet.

The agency estimates that about 90% of workers aged 21-64 who worked in covered employment have protection against disability through Social Security if they become severely and permanently disabled.

The Appeals Process After a Denial

Most disability applications are denied initially. If this happens to you, don’t give up. The appeals process offers multiple chances to get your claim approved.

1. Reconsideration is the first level of appeal. A different examiner reviews your case from scratch. Unfortunately, approval rates at this stage are low. Most claims that succeed do so at the next level.
2. Hearing before an Administrative Law Judge (ALJ) is where many cases turn around. You’ll appear before a judge who will ask questions about your condition, daily activities, and work history. A vocational expert may testify about jobs that exist in the economy. This is the most critical stage. In 2024, ALJ hearings resulted in approval 58% of the time nationally.
3. Appeals Council review follows if the ALJ denies your claim. The council can grant, deny, or remand your case back to the ALJ for another hearing.
4. Federal court is the final option. You can file a lawsuit in the U.S. District Court if the Appeals Council denies your claim or declines to review it.

Each stage has strict deadlines, typically 60 days to file an appeal. Missing a deadline can force you to start over with a new application, losing valuable time and potential back pay.

What SSA Offices Handle Danville VA Disability Claims?

If you live in Danville or Pittsylvania County, your Social Security disability claim moves through specific government offices at each stage of the process.

Danville Social Security Field Office

Your initial application and basic case management happen at the Danville field office:

• Address: 3295 US Hwy 29, Danville, VA 24540
• Phone: 1-866-331-5398
• Hours: Monday through Friday, 9:00 AM to 4:00 PM

The field office handles new applications, processes paperwork, and answers questions about your claim status. You can apply online, by phone, or in person. Most routine business doesn’t require a visit, according to the SSA’s online services page.

Why Danville Residents Choose Gillette Law Group

Attorney Brian J. Gillette founded Gillette Law Group, PLLC, in 2007 with one goal: helping people who can’t work get the disability benefits they’ve earned. He handles Social Security disability, Virginia Retirement System disability, and long-term disability claims throughout Virginia.

Brian brings specific experience to every case:

• He serves as Chair of the Virginia Trial Lawyers Association, Social Security Law Section
• He’s a member of the Board of Governors of the Virginia Trial Lawyers Association
• He graduated from The College of William and Mary Law School
• His entire practice focuses on disability claims

The firm understands the financial pressure disability creates. When you can’t work, paying legal fees upfront isn’t realistic. That’s why Gillette Law Group handles disability cases on a contingency basis. You don’t pay attorney fees unless you win your case.

Frequently Asked Questions

How long does it take to get a disability decision?

Initial applications typically take three to six months. If you need to appeal and request a hearing, the process can stretch to over a year, depending on the  hearing office backlogs. Having a lawyer’s help from the beginning can prevent delays caused by incomplete applications or missing evidence.

What conditions qualify for Social Security disability?

There’s no fixed list of qualifying conditions. The SSA considers how severely your condition affects your ability to work. Common conditions include back problems, heart disease, mental health disorders, cancer, and neurological conditions. Even if your specific diagnosis isn’t listed in the SSA’s Blue Book, you may still qualify based on how it limits your functioning.

Can I work while receiving disability benefits?

SSDI has rules that allow limited work through a Trial Work Period. You can test your ability to work for up to nine months without losing benefits. After that, earning above $1,620 per month in 2025 could end your benefits. SSI has different rules where benefits decrease gradually as earnings increase.

How much does a disability lawyer cost?

Federal law limits attorney fees in Social Security disability cases. If you win, the fee is typically 25% of your back pay, up to a cap of $7,200. If you don’t win, you don’t pay attorney fees. You might still be responsible for costs like obtaining medical records, but many firms advance these costs.

Contact Gillette Law Group for Help With Your Disability Case

Dealing with disability is hard enough without battling the Social Security system alone. If you live in Danville or anywhere in Virginia and need help with a Social Security disability claim, Gillette Law Group, PLLC is ready to assist.

Attorney Brian J. Gillette and his team have helped countless Virginians obtain the disability benefits they deserve. Clients consistently praise the firm’s knowledge, communication, and results. You can read what past clients say on the firm’s reviews page.

Call Gillette Law Group today at (757) 220-4529 for a free consultation about your case. Learn more about Attorney Brian J. Gillette’s background and qualifications on his attorney profile.