Arlington Social Security Disability Lawyer

If you’re unable to work due to a disabling condition in Arlington, Virginia, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. The application process is complex, and roughly two-thirds of initial claims are denied. According to the U.S. Government Accountability Office, claimants who work with a representative are nearly three times more likely to be approved than those who apply alone. Gillette Law Group, PLLC helps Arlington County residents fight for the disability benefits they’ve earned.

How Gillette Law Group Helps Arlington Residents

Gillette Law Group, PLLC focuses exclusively on disability law, helping Virginia residents obtain Social Security Disability and Virginia Retirement System (VRS) benefits. Managing Attorney Brian J. Gillette founded the firm in 2007 after recognizing that disability claimants needed focused, experienced representation to secure benefits.

Attorney Gillette earned his law degree from The College of William and Mary and currently serves as Chair of the Virginia Trial Lawyers Association Social Security Law Section. He also sits on the Board of Governors of the Virginia Trial Lawyers Association. His wife, Jennifer, a registered nurse (BSN), serves as the firm’s legal nurse, reviewing medical records and creating detailed summaries that support claims.

This combination of legal expertise and medical knowledge makes a real difference. Disability cases often hinge on medical evidence, and having a legal nurse analyze your records ensures nothing gets overlooked.

Understanding Social Security Disability Benefits

The Social Security Administration (SSA) provides two main disability programs. SSDI pays monthly benefits to workers who’ve paid Social Security taxes and can no longer work due to a medical condition. SSI helps people with limited income and resources who are disabled, blind, or age 65 or older.

For October 2025, the average monthly SSDI benefit for disabled workers was $1,588.44, according to SSA’s Monthly Statistical Snapshot. The maximum monthly SSI payment for 2025 is $967 for an individual, as noted by the Social Security Administration.

To qualify for SSDI in 2025, you generally can’t earn more than $1,620 per month. The SSA calls this the “substantial gainful activity” (SGA) threshold. If you’re earning above this amount, the SSA will likely decide you’re not disabled, regardless of your medical condition.

The Five-Step Evaluation Process

The SSA uses a five-step sequential evaluation process to determine if you qualify:

1. Are you working above the SGA level?
2. Is your medical condition severe?
3. Does your condition meet or equal a listed impairment?
4. Can you do your past work?
5. Can you adjust to other work based on your age, education, and experience?

In 2024, the SSA simplified step four by reducing the work history review period from 15 years to just 5 years. This change makes it easier for applicants to provide accurate information about their recent work.

Why So Many Claims Get Denied

The disability claims process is notoriously difficult. According to recent data, only about 36 to 38 percent of initial applications get approved nationally. In Virginia, approval rates can vary from office to office.

Common reasons for denial include:

• Insufficient medical evidence documenting the condition
• Failing to follow prescribed treatment without good reason
• Missing deadlines for submitting paperwork
• Errors or inconsistencies in the application
• Earning above the SGA threshold

The good news? Denied claims can be appealed, and approval rates improve significantly at the hearing level. The overall disability judge approval rate in 2024 was 58 percent, up from previous years.

How an Attorney Can Help Your Claim

The Government Accountability Office found that claimants with representatives were allowed benefits at a rate nearly three times higher than those without representation at the hearing level. That’s a significant difference.

Here’s what an experienced disability attorney can do:

• Gather and organize medical evidence. Your medical records tell the story of your disability. An attorney knows what evidence the SSA needs and how to obtain records from hospitals, doctors, and specialists. At Gillette Law Group, legal nurse Jennifer Gillette reviews every medical record to build comprehensive summaries supporting your claim.
• Prepare you for the hearing. If your case goes before an administrative law judge (ALJ), preparation matters. Your attorney will explain what to expect, help you articulate how your condition limits your daily activities and work capacity, and present your case effectively.
• Handle communications with the SSA. Deadlines in disability cases are strict. Missing an appeal deadline by even one day can mean starting over from scratch. An attorney tracks every deadline and handles all correspondence with the SSA on your behalf.
• Pursue appeals when necessary. If you’re denied initially, you have 60 days to request reconsideration. If that’s denied, you can request a hearing before an ALJ. Having an attorney at each stage improves your odds of eventually being approved.

The Appeals Process in Virginia

Virginia disability claims follow the standard SSA appeals process:

1. Reconsideration: A different examiner reviews your claim from scratch. Unfortunately, about 85 to 90 percent of reconsiderations are denied again, but it’s a required step before requesting a hearing.
2. ALJ Hearing: This is often the most important stage. You appear before an administrative law judge, present evidence, and testify about your condition. Hearings may be held in person at an SSA hearing office or virtually via video.
3. Appeals Council Review: If the ALJ denies your claim, you can ask the Appeals Council to review the decision. The Council looks for legal or procedural errors.
4. Federal Court: As a last resort, you can file a lawsuit in federal district court.

What Conditions Qualify for Disability?

The SSA maintains a “Blue Book” listing impairments severe enough to automatically qualify. These include:

• Musculoskeletal disorders (back injuries, arthritis, joint problems)
• Cardiovascular conditions (heart failure, coronary artery disease)
• Respiratory illnesses (COPD, chronic asthma)
• Neurological disorders (epilepsy, multiple sclerosis, Parkinson’s)
• Mental health conditions (depression, anxiety, PTSD, bipolar disorder)
• Cancer and immune system disorders
• Digestive system disorders

Even if your condition isn’t listed, you may still qualify if the SSA determines you can’t perform any job that exists in significant numbers in the national economy.

What SSA Offices Handle Arlington County Disability Claims?

Arlington County residents file disability claims through the Social Security Administration’s network of local field offices and hearing offices. Understanding which offices handle your case can help you stay informed throughout the process.

Arlington Social Security Field Office

The Arlington field office handles initial applications and some administrative matters for Arlington County residents. This office verifies non-medical eligibility requirements and forwards cases to the Virginia Disability Determination Services for medical review.

Arlington Social Security Field Office is at 1401 Wilson Blvd, Suite 200, Arlington, VA 22209.

You can apply for benefits online at SSA.gov, by phone, or in person. The SSA encourages online applications when possible. If you need an in-person appointment, call ahead to schedule one.

Virginia Disability Determination Services

After filing your application, the Virginia Disability Determination Services (DDS) reviews your medical evidence and makes the initial decision about whether you meet SSA’s definition of disability. The DDS is a state agency funded by the federal government, and it handles cases from across Virginia.

Falls Church Hearing Office

If your initial claim is denied and you appeal to the hearing level, your case will be assigned to administrative law judges in the Northern Virginia area. The SSA Office of Hearings Operations maintains hearing facilities in Falls Church that serve Arlington County and surrounding Northern Virginia communities.

Falls Church National Hearing Center One Skyline Tower 5107 Leesburg Pike Falls Church, VA 22041 Phone: (877) 229-3532

Many hearings are now conducted by video, which means you may not need to travel to the hearing office in person. Your attorney can help you understand what to expect and whether your hearing will be in-person or virtual.

Appeals Council

If an ALJ denies your claim, you can request review by the SSA’s Appeals Council, which is headquartered in Falls Church, Virginia. The Appeals Council reviews cases from across the country and issues the SSA’s final administrative decision.

Working With Gillette Law Group on Your Claim

When you contact Gillette Law Group about your disability case, the process typically works like this:

First, the team reviews your situation during a free consultation. They’ll ask about your medical conditions, work history, and current circumstances to determine if you have a viable claim.

If you decide to move forward, they’ll help you file an initial application or appeal, depending on where you are in the process. The team gathers your medical records, works with your doctors to document your limitations, and builds the strongest possible case.

Throughout the process, you’ll have direct access to your legal team. Attorney Gillette and his staff keep you informed about your case status and what to expect next.

Gillette Law Group handles cases on a contingency basis, meaning you pay nothing up front. If you win, the attorney’s fee is limited to 25 percent of your past-due benefits (back pay), up to a maximum set by the SSA. If you don’t win, you don’t owe attorney fees.

Frequently Asked Questions

How long does the disability application process take?

Initial decisions typically take three to six months. If you need to appeal, a hearing may take another 12 to 18 months or longer, depending on the backlog at your local hearing office. Having representation can help move things along more efficiently.

Can I work while applying for disability?

You can work, but your earnings matter. In 2025, if you earn more than $1,620 per month, the SSA will generally decide you’re not disabled. Some limited work below this threshold may actually help show you’re trying to maintain independence.

What if my initial claim was denied?

Don’t give up. Most successful disability claims are approved on appeal, not the first application. Contact an attorney to discuss your appeal options. Remember, you have 60 days from the denial date to request reconsideration.

Do I need a lawyer to apply for disability?

You’re not required to have a lawyer, but statistics show it helps significantly. The GAO found that represented claimants were nearly three times more likely to be approved at the hearing level.

Key Takeaways

• Only about 36 to 38 percent of initial disability applications are approved
• Claimants with representation are nearly three times more likely to win at the hearing level
• The average monthly SSDI benefit for disabled workers is currently $1,588.44
• Appeals are often successful, especially when you have experienced legal help
• Gillette Law Group combines legal expertise with medical record analysis to build strong cases

Contact Gillette Law Group for Help With Your Social Security Disability Case

If you’re struggling with a disability that prevents you from working, Gillette Law Group, PLLC can help you pursue the benefits you deserve. Attorney Brian J. Gillette has focused his practice on disability law since 2007 and currently chairs the Virginia Trial Lawyers Association Social Security Law Section. The firm’s clients consistently praise their responsive, compassionate approach to difficult cases.

Gillette Law Group, PLLC

Attorney Brian J. Gillette

Phone: (757) 220-4529

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