Charlottesville Social Security Disability Lawyer

A Charlottesville VA Social Security Disability lawyer can help you build a stronger claim, avoid common mistakes, and represent you through the appeals process. At Gillette Law Group, PLLC, we focus on Social Security Disability and Virginia Retirement System (VRS) claims across Virginia. If you’re unable to work due to a medical condition, the disability benefits process can feel overwhelming. You don’t have to face it alone.

What Does a Social Security Disability Lawyer Do?

When you work with a Social Security Disability attorney, you’re getting someone who understands how the federal system works and what it takes to get approved. The Social Security Administration (SSA) uses strict rules to decide who qualifies. Even people with serious medical conditions get denied because their paperwork wasn’t complete or their medical records didn’t clearly show how their condition affects their ability to work.

A disability lawyer helps in several key ways. First, we review your medical records to make sure they support your claim. We work with your doctors to get statements that explain how your condition limits what you can do day to day. We also make sure all your forms are filled out correctly and submitted on time.

If your initial claim gets denied, that’s often when legal help matters most. According to a U.S. Government Accountability Office report, claimants who had representatives at their hearings were allowed benefits at significantly higher rates than those without representation. That’s a significant difference that can mean the difference between getting benefits and having to start over.

Attorney Brian J. Gillette founded Gillette Law Group, PLLC in 2007 specifically to help people who can’t work obtain disability benefits. He serves as Chair of the Virginia Trial Lawyers Association’s Social Security Law Section and brings years of focused experience to every case.

Understanding Social Security Disability Benefits

The Social Security Administration runs two main disability programs. Understanding which one applies to you is an important first step.

Social Security Disability Insurance (SSDI) is for people who have worked and paid Social Security taxes. You need enough work credits to qualify. In 2025, you earn one credit for every $1,810 in covered earnings, with a maximum of four credits per year. Most people need 40 credits total, with 20 of those earned in the 10 years before becoming disabled. Younger workers may qualify with fewer credits.

Supplemental Security Income (SSI) is a needs-based program for people with limited income and resources. You don’t need work credits, but you must meet strict financial limits. In 2025, the federal benefit rate for SSI is $967 per month for individuals and $1,450 for couples, according to the Social Security Administration.

Both programs use the same medical definition of disability. To qualify, your condition must prevent you from doing substantial gainful activity (SGA) and must be expected to last at least 12 months or result in death. For 2025, the SGA limit is $1,620 per month for non-blind individuals and $2,700 for those who are blind.

How Common Is Disability in Virginia?

Disability affects a significant portion of the population. According to the Centers for Disease Control and Prevention, more than one in four adults in the United States (28.7%) has some type of disability. That includes difficulty with mobility, cognition, vision, hearing, self-care, and independent living.

As of October 2025, approximately 7.15 million disabled workers receive SSDI benefits nationwide, with an average monthly benefit of $1,588.44, according to the Social Security Administration’s Monthly Statistical Snapshot.

These numbers show that disability is common and that Social Security benefits provide critical support for millions of Americans. If you’re dealing with a condition that prevents you from working, you’re not alone.

The Five-Step Evaluation Process

The SSA uses a five-step process to decide if you’re disabled. Understanding these steps can help you see why having a knowledgeable attorney matters.

1. Step One looks at whether you’re working. If you’re earning above the SGA limit ($1,620 per month in 2025), you typically won’t qualify.
2. Step Two examines whether your condition is severe. A severe impairment must significantly limit your ability to do basic work activities for at least 12 months.
3. Step Three compares your condition to the SSA’s listing of impairments, often called the “Blue Book.” If your condition meets or equals a listed impairment, you’ll be found disabled.
4. Step Four asks whether you can do your past work. The SSA looks at your medical condition and your work history to decide.
5. Step Five considers whether you can do any other type of work, taking into account your age, education, and transferable skills.

At each step, having complete medical documentation and clear explanations of your limitations can make the difference. That’s where working with a Social Security Disability lawyer in Charlottesville can help.

Why So Many Claims Get Denied

The reality is that most initial applications for Social Security Disability benefits get denied. Recent data shows that approval rates for initial claims hover around 36% nationally, according to research from the Urban Institute.

Common reasons for denial include incomplete medical evidence, failure to follow prescribed treatment, earning above the SGA limit, and missing deadlines. Sometimes claims are denied simply because the paperwork wasn’t clear about how the condition affects the person’s daily life and ability to work.

Gillette Law Group, PLLC works with clients throughout Virginia to address these issues before they become problems. We review your medical records, communicate with your doctors, and make sure your application tells the full story of how your condition affects you.

The Appeals Process

If your initial claim is denied, you have 60 days to appeal. The appeals process has several levels, and approval rates generally improve as cases move forward.

Reconsideration is the first level of appeal. A different examiner reviews your claim. Approval rates at this stage are typically low, often around 10-15%.

Administrative Law Judge (ALJ) Hearing is where most successful appeals happen. You appear before a judge who reviews your case, hears testimony, and asks questions. According to recent data, the overall disability judge approval rate in 2024 was 58%, the highest since at least 2018. Having legal representation at this stage is particularly valuable.

Appeals Council Review comes next if the ALJ denies your claim. The Appeals Council can deny your request for review, affirm the ALJ’s decision, or send the case back for another hearing.

Federal Court is the final option. This involves filing a lawsuit in federal district court. Virginia has federal courts in both the Eastern and Western Districts, with the Western District covering Charlottesville.

At Gillette Law Group, PLLC, we handle cases at every level of appeal. Attorney Brian J. Gillette and our team prepare comprehensive hearing presentations, develop medical evidence, and advocate for our clients before Administrative Law Judges.

What to Expect at a Disability Hearing

The ALJ hearing is often the most important step in the appeals process. Here’s what typically happens.

The hearing is usually informal, more like a meeting than a courtroom trial. You’ll appear before an Administrative Law Judge who reviews your case. Many hearings now take place by video or phone.

The judge will ask you questions about your medical conditions, your daily activities, and how your impairments affect your ability to work. A vocational expert may testify about what jobs exist for someone with your limitations. A medical expert might also be present to discuss your conditions.

Having an attorney at your hearing means having someone who knows what evidence matters and how to present your case effectively. Your lawyer can question the experts, object to improper evidence, and make legal arguments on your behalf.

After the hearing, the judge issues a written decision, usually within 30 to 90 days. If you’re approved, you’ll receive information about your benefit amount and when payments will start.

Medical Conditions That Qualify for Disability

The SSA maintains a listing of impairments that can qualify for disability benefits. These include conditions affecting every body system, such as musculoskeletal disorders, cardiovascular conditions, respiratory illnesses, neurological conditions, mental health disorders, and immune system disorders.

You don’t have to have a listed impairment to qualify. Many successful claims involve conditions that don’t exactly match a listing but still prevent the person from working. What matters is how your condition affects your ability to perform work-related activities.

Common conditions in successful disability claims include back injuries and spinal disorders, heart disease and heart failure, chronic obstructive pulmonary disease (COPD), depression and anxiety disorders, arthritis and joint problems, diabetes with complications, and cancer.

The key is having medical evidence that clearly documents your diagnosis, treatment, and functional limitations. We work with your treating physicians to obtain the records and statements that support your claim.

What SSA Offices Handle Arlington County, VA Social Security Disability Claims?

If you live in Arlington County and need to file a Social Security Disability claim or appeal, several different offices will be involved in processing your case. Understanding which offices handle each stage can help you know what to expect.

Arlington Social Security Field Office handles your initial application and basic eligibility screening. This office is located at 1401 Wilson Blvd, Suite 200, Arlington, VA 22209. You can reach them by calling the national SSA number at 1-800-772-1213. Office hours are typically Monday through Friday, 9:00 AM to 4:00 PM. Most services are available online at ssa.gov, and you should call ahead if you need an in-person appointment.

Virginia Disability Determination Services (DDS) makes the medical decision on your initial claim and reconsideration. Arlington County claims are handled by the Northern District Office located at 11150 Fairfax Blvd., Suite 200, Fairfax, VA 22030. You can reach them at (703) 934-7400. The Virginia DDS is part of the Virginia Department for Aging and Rehabilitative Services and works in partnership with the Social Security Administration to review medical evidence and decide whether applicants meet the disability requirements.

Washington, DC Hearing Office handles Administrative Law Judge hearings for Arlington County residents. This office is located at 1227 25th Street N.W., 3rd Floor, Washington, DC 20037. The phone number is (866) 414-6259. This office also serves residents of Alexandria, Fairfax, and Manassas. Average wait times for hearings at this office have been approximately 12 months, though this can vary.

Appeals Council reviews cases after an ALJ hearing if you request further review. The Appeals Council is headquartered in Falls Church, Virginia, with additional offices in Baltimore, Maryland. If you need to submit a request for Appeals Council review, send it to: Social Security Administration, Office of Appellate Operations, 6401 Security Blvd., Baltimore, MD 21235-6401. You can also file online through the SSA appeals portal.

Federal Court is the final level of appeal. Arlington County falls within the Eastern District of Virginia. If your case is denied by the Appeals Council, you may file a civil action in federal court within 60 days.

Gillette Law Group, PLLC represents clients from Arlington County and throughout Virginia at every stage of the disability process. We’re familiar with the offices that handle Northern Virginia cases and can guide you through each step.

How Gillette Law Group Helps Charlottesville Residents

Gillette Law Group, PLLC serves clients throughout Virginia, including Charlottesville, Albemarle County, and the surrounding areas. Our practice focuses on Social Security Disability and Virginia Retirement System claims. This focused approach means we understand the system inside and out.

When you work with us, we start by reviewing your complete medical history and work background. We identify any gaps in your records and work with your doctors to get detailed statements about your limitations. If you need additional medical evaluations, we can help arrange them.

We handle all communications with the Social Security Administration, meet deadlines, and keep you informed about your case. If your claim goes to a hearing, we prepare you for what to expect and represent you before the Administrative Law Judge.

Attorney Brian J. Gillette has been helping disabled Virginians since 2007. He’s a Member of the Board of Governors of the Virginia Trial Lawyers Association and chairs their Social Security Law Section. His wife, Jennifer S. Gillette, RN, brings medical expertise to our case evaluations.

We handle Social Security Disability cases on a contingency fee basis. That means you don’t pay attorney fees unless we win your case. Federal law caps attorney fees at 25% of your back benefits or $7,200, whichever is less. This arrangement ensures that legal help is available regardless of your current financial situation.

Key Factors in Building a Strong Disability Claim

Certain factors tend to strengthen disability claims. Understanding these can help you see why working with an experienced attorney matters.

• Consistent medical treatment shows that your condition is ongoing and that you’re following your doctors’ recommendations. Gaps in treatment can be used to argue that your condition isn’t as severe as claimed.
• Detailed medical records that document not just your diagnosis but how your condition affects your daily functioning are essential. Records should include objective test results, examination findings, and physician statements about your limitations.
• Age plays a role in disability determinations. The SSA’s medical-vocational guidelines make it easier to qualify for benefits after age 50, with additional considerations at ages 55, 60, and 65.
• Work history documentation shows what jobs you’ve done and what skills you have. This information helps the SSA determine whether you can do other work.
• Statements from treating physicians carry significant weight. Doctors who have treated you over time can provide detailed information about your functional limitations that outside consultants can’t match.

At Gillette Law Group, PLLC, we help clients develop strong claims by addressing each of these factors systematically.

Frequently Asked Questions

How long does the Social Security Disability process take?

Initial decisions typically take three to six months. If you need to appeal, the process can take significantly longer. Hearing wait times vary by location but often range from 10 to 18 months. The total process from initial application through hearing can take two years or more in some cases.

Can I work while applying for Social Security Disability?

You can work, but your earnings must stay below the substantial gainful activity (SGA) limit. In 2025, that’s $1,620 per month for non-blind individuals. Earning more than this amount typically results in the denial of your claim.

What if my condition improves after I start receiving benefits?

The SSA conducts periodic continuing disability reviews to determine if you’re still disabled. If your condition has improved significantly, your benefits may be stopped. The frequency of these reviews depends on whether your condition is expected to improve.

Do I need a lawyer to apply for Social Security Disability?

You’re not required to have a lawyer, but having legal representation significantly improves your chances of approval, especially at the hearing level. A GAO study found that claimants with representatives were nearly three times more likely to be approved than those without representation.

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

If you’re unable to work due to a medical condition, you deserve experienced legal help. Gillette Law Group, PLLC has helped Virginians obtain Social Security Disability benefits since 2007. We understand the process, know what evidence matters, and fight for our clients at every stage.

Attorney Brian J. Gillette leads our team with focused expertise in Social Security Disability law. As Chair of the Virginia Trial Lawyers Association’s Social Security Law Section, he stays current on developments that affect disability claims. Our firm has earned a reputation for thorough preparation and effective advocacy, as reflected in our client reviews.

We offer free consultations to discuss your case. Call us today at (757) 220-4529 to speak with our team. You can also learn more about Attorney Brian J. Gillette and our firm’s approach to disability cases.

Don’t let a denied claim stop you from getting the benefits you need. Contact Gillette Law Group, PLLC, a top-rated Virginia Social Security Disability law firm, to discuss your options.