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Hampton Social Security Disability Lawyer
Social Security Disability Insurance provides monthly benefits to workers who can’t work for at least 12 months due to a severe medical condition. To qualify in Hampton, Virginia, you must have earned enough work credits through Social Security taxes and meet the SSA’s strict definition of disability. SSDI also requires that you’ve worked recently enough in jobs covered by Social Security. About 31% of initial applications result in approval from the Social Security Administration, though many people succeed through the appeals process.
As a respected Social Security Disability firm serving clients throughout Virginia, Gillette Law Group, PLLC has helped many Hampton residents understand their rights and work through the disability claims process.
Understanding Social Security Disability Benefits
Social Security Disability Insurance provides monthly payments to people who have a disability that stops or limits their ability to work. The program exists to help workers who’ve contributed to Social Security but can no longer earn a living due to serious health conditions.
SSDI is tied to your work history and pays benefits to you and certain family members if you qualify. This makes it different from Supplemental Security Income, which doesn’t require work history but has strict income limits.
To receive SSDI benefits, you need to meet several requirements. You must have worked in jobs covered by Social Security and have a medical condition that meets Social Security’s strict definition of disability. The SSA generally defines disability as being unable to work for at least one year because of your condition.
Generally, there’s a five-month waiting period, and the SSA will pay your first benefit in the sixth full month after the date they find your disability began. This waiting period doesn’t apply to certain conditions like ALS.
Work Credits and Eligibility
Your eligibility depends on how many work credits you’ve earned through Social Security taxes. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year your disability begins. Younger workers may qualify with fewer credits.
These credits come from your earnings history. As you work and pay Social Security taxes, you accumulate credits that make you insured for disability benefits. The requirement protects the program by ensuring benefits go to people who’ve contributed through their work.
Brian Gillette and the team at Gillette Law Group understand how work credit requirements affect Hampton residents. Many people don’t realize they’re eligible until they review their earnings record.
How the SSA Evaluates Disability Claims
The SSA uses a step-by-step process involving five questions to determine if you have a qualifying disability. This sequential evaluation looks at whether you’re working, the severity of your condition, if it matches a listed impairment, if you can do your past work, and if you can do other work.
The SSA generally uses earnings guidelines to evaluate whether your work activity is substantial gainful activity. If you’re working in 2025 and your earnings average more than $1,620 per month, you generally can’t be considered to have a disability.
If you’re not working or earning below that threshold, the SSA will send your application to the Disability Determination Services office, which will make the decision about your medical condition. DDS offices review medical records, work history, and other evidence to determine if you meet the requirements.
The evaluation considers if your impairment is listed in the SSA’s Blue Book of medical conditions. If your condition doesn’t match a listing exactly, DDS may still find you disabled based on your age, education, work experience, and residual functional capacity.
The Application and Appeals Process
You should apply as soon as you become disabled. You can apply online through the SSA website, by phone, or in person at a Social Security office. Hampton residents can visit the local Social Security office or complete the process from home.
The final award rate for disabled workers has averaged about 31% for initial claims. This means most people receive a denial on their first application. However, that’s not the end of the road.
The appeals process has several levels. If your initial claim is denied, you can file for reconsideration, which involves DDS reviewing your application again. About 90% of reconsideration requests are also denied.
The next step is a hearing before an administrative law judge. This is where many people finally succeed. Having a lawyer at your hearing can make a significant difference in the outcome.
What SSA office handles Hampton, VA, social security disability claims and appeals?
1. Local SSA Field Office (Initial Claims & Administration)
The local Social Security Administration (SSA) Field Office is where you file your application, handle non-medical requirements, and manage your overall SSA benefits.
- Office: SSA Field Office: Hampton
- Address: 1521 Hardy Cash Dr, Hampton, VA 23666
- National Phone (Toll-Free): 1-800-772-1213
- Local Phone: 1-866-592-2669
- Hours: Generally Monday, Tuesday, Thursday, Friday: 9:00 AM – 4:00 PM; Wednesday: 9:00 AM – 12:00 PM (Calling the National Toll-Free line or the local office is recommended to confirm hours or schedule an appointment).
2. Disability Determination Services (DDS) (Medical Review)
The Virginia Disability Determination Services (DDS) is a state agency that determines the medical eligibility for your initial claim and the first appeal (reconsideration). Hampton is served by the Tidewater District Office.
- Office: Virginia DDS Tidewater District Office
- Address: 5850 Lake Herbert Dr., Suite 200, Norfolk, VA 23502-2237
- Toll-Free Phone (General DDS Line): 1-855-445-3938
- Fax: 1-757-455-3829
3. Office of Hearings Operations (OHO) (Appeals/Hearings)
If your claim is denied by the DDS, the next step is to request a hearing before an Administrative Law Judge (ALJ). This is handled by the OHO, and Hampton claims are routed to the Norfolk Hearing Office.
- Office: SSA Office of Hearings Operations (OHO): Norfolk Hearing Office
- Address: 5850 Lake Herbert Drive, 3rd Floor, Norfolk, VA 23502
- Toll-Free Phone: 1-866-931-9167
- Fax: 1-833-659-0420
- eFile Fax (for representatives): 1-877-871-1879
Approval Rates and Statistics
According to Social Security Administration data, approval rates vary depending on where you are in the process. The percentage of applicants awarded benefits at the initial claims level has averaged about 21% over recent years.
The percentages of applicants awarded at the reconsideration and hearing levels have averaged 2% and 8%, respectively. These numbers show why persistence matters. Many Hampton residents who deserve benefits don’t receive them until they appeal.
In January 2025, Social Security provided benefits to about 8.3 million SSDI beneficiaries, including 7.2 million disabled workers. The average monthly SSDI benefit was about $1,581 for workers.
Several factors affect approval rates. The strength of your medical evidence matters most. Complete records from your doctors, test results, and documentation of how your condition limits you help establish your claim. Your age, education, and work history also play a role in the SSA’s decision.
Common Questions About SSDI in Hampton
How long does the disability process take?
The timeline varies. Initial decisions typically take three to five months. If you appeal to the hearing level, you may wait a year or more for a hearing date. Providing complete information up front can speed things up.
Can I work while receiving disability benefits?
If you’re working in 2025 and your earnings average more than $1,620 per month, you generally can’t be considered to have a disability. However, the SSA offers work incentives and trial work periods for people who want to test their ability to return to work.
What medical conditions qualify for SSDI?
The SSA maintains a listing of impairments in their Blue Book. This includes everything from musculoskeletal disorders to mental conditions, cardiovascular problems, and cancer. Your condition doesn’t have to be listed if you can show it prevents you from working.
Do I need a lawyer for my disability claim?
You’re not required to have a lawyer, but having experienced representation improves your chances. A disability attorney knows what evidence the SSA needs and how to present your case effectively. This becomes especially important at the hearing level.
Key Points to Remember
- SSDI requires sufficient work credits earned through Social Security taxes
- You must be unable to work for at least 12 months due to your condition
- Most initial applications are denied, but appeals often succeed
- Complete medical documentation strengthens your claim
- The five-month waiting period means benefits begin in the sixth month after disability onset
- Hampton residents can apply online, by phone, or at local Social Security offices
Contact Gillette Law Group for Help With Your Social Security Disability Case
If you’re applying for Social Security Disability benefits or appealing a denial, you don’t have to face the process alone. Understanding the requirements and presenting strong evidence can make the difference between approval and denial.
Brian Gillette is a top-rated Social Security Disability attorney in Virginia. Call 855-873-2604 to schedule a consultation.