Norfolk Social Security Disability Lawyer

Social Security Disability benefits can provide monthly payments to Norfolk residents who can’t work due to a severe medical condition. To qualify, you must have worked long enough to earn credits through payroll taxes and have a condition expected to last at least 12 months or result in death. The Social Security Administration (SSA) reviews medical records, work history, and how your condition affects daily activities. Many initial applications are denied, but you can appeal with help from an attorney.

As a Social Security Disability firm serving clients in Norfolk and throughout Hampton Roads and Virginia, Gillette Law Group, PLLC, has helped many people navigate the claims and appeals process. We understand how the SSA evaluates disability cases and what evidence strengthens your claim.

Understanding Social Security Disability Benefits

The federal government runs two main disability programs. Social Security Disability Insurance (SSDI) is for workers who paid into Social Security through payroll taxes. Supplemental Security Income (SSI) helps people with limited income and resources, regardless of work history.

Both programs use the same medical standards to decide if you’re disabled. According to the Social Security Administration, you must prove you can’t do substantial work because of your medical condition.

SSDI Eligibility Requirements

SSDI requires work credits based on your age and employment history. Most people need 40 credits, with 20 earned in the last 10 years. You earn up to four credits per year by working and paying Social Security taxes.

Your condition must be severe enough to prevent any substantial gainful activity. In 2024, that means earning more than $1,550 per month for most people. The SSA maintains a list of conditions that automatically qualify, but you can also prove disability through medical evidence showing you can’t perform any job.

SSI Eligibility Requirements

SSI doesn’t require work history. Instead, it looks at your income and assets. You must have limited resources, typically less than $2,000 for an individual or $3,000 for a couple. Your monthly income must also fall below certain limits.

Both programs require you to be a U.S. citizen or qualified non-citizen. You also need to live in one of the 50 states, the District of Columbia, or the Northern Mariana Islands.

The Application Process in Norfolk

You can apply for disability benefits online, by phone, or at your local Norfolk Social Security office. The process starts with forms about your medical conditions, work history, and daily activities. You’ll need contact information for doctors, hospitals, and clinics that treated you.

The SSA sends your application to Virginia’s Disability Determination Services (DDS). Medical and vocational experts review your case. They request records from your healthcare providers and may schedule a consultative exam.

This initial review takes three to five months on average. The SSA considers five questions:

1. Are you working and earning more than the substantial gainful activity limit?
2. Is your condition severe enough to limit basic work activities?
3. Does your condition match or equal a listed impairment?
4. Can you do your past work despite your condition?
5. Can you do any other type of work?

If you can’t do your past work and can’t adjust to other work, the SSA approves your claim.

Common Reasons for Denial

According to Social Security Administration data, about 65% of initial applications are denied. Many denials happen because applicants don’t provide enough medical evidence. Others are denied because the SSA believes they can still work in some capacity.

Incomplete applications also lead to denials. Missing information about treatment or work history can hurt your case. Some people earn too much money or don’t meet the work credit requirements for SSDI.

The Appeals Process

If your claim is denied, you have 60 days to appeal. The appeals process has four levels:

Reconsideration is the first step. A different DDS examiner reviews your case and any new evidence. Most reconsiderations are also denied.

The Administrative Law Judge (ALJ) hearing comes next. You appear before a judge who didn’t review your initial claim. You can testify about your limitations and bring witnesses. The judge may ask a vocational expert whether jobs exist that you could perform. This is often where having an attorney makes the biggest difference.

Appeals Council review is available if the ALJ denies your claim. The council can deny your request, approve your claim, or send it back to the ALJ for another hearing.

Federal court review is your final option. You can file a lawsuit in the U.S. District Court if the Appeals Council denies your request or declines to review your case.

Each level takes months. The ALJ hearing stage alone can take 12 to 18 months from the time you request it. That said, many people win at the hearing level with proper preparation and representation.

What SSA office handles Norfolk VA, social security disability claims and appeals?

Here is the contact information for the SSA offices handling Social Security Disability claims and appeals for the Norfolk, VA area, presented in a simple, non-table format.

1. Local Social Security Field Office (Initial Claims & Payments)

• Office: SSA Field Office: Norfolk, VA
• Address: 5850 Lake Herbert Dr, First Floor, Norfolk, VA 23502
• National Phone (Toll-Free): 1-800-772-1213
• Local Phone: 1-866-858-6089
• Hours: Generally Monday, Tuesday, Thursday, Friday: 9:00 AM – 4:00 PM; Wednesday: 9:00 AM – 12:00 PM (Call to confirm before visiting).

2. Disability Determination Services (DDS) (Medical Review)

The DDS is a state agency responsible for the medical eligibility decision.

• Office: Virginia DDS Tidewater District Office
• Address: 5850 Lake Herbert Dr., Suite 200, Norfolk, VA 23502-2237
• Toll-Free Phone: 1-800-379-4403
• Local Phone: 1-757-466-4300
• Fax: 1-757-455-3829

3. Office of Hearings Operations (OHO) (Appeals/Hearings)

The OHO handles appeals that require a hearing before an Administrative Law Judge (ALJ).

• 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

How Norfolk Residents Can Strengthen Their Claims

Medical evidence is the foundation of every disability claim. Regular treatment creates a documented history of your condition. Gaps in treatment can raise questions about how severe your symptoms really are.

Follow your doctor’s recommendations. Take prescribed medications and attend therapy or rehabilitation. If you can’t afford treatment, document why. Programs like Virginia Medicaid may help cover costs.

Keep detailed records of how your condition affects daily life. Note what activities you can’t do or can only do with difficulty. Write down bad days and what triggers them. This information helps at hearings when you explain your limitations.

Be honest about your symptoms and limitations. Exaggerating hurts your credibility. However, don’t downplay your struggles either. Some people minimize their problems because they’re used to pushing through pain or don’t want to complain.

What a Social Security Disability Attorney Does

An attorney can help at any stage, but many people seek legal help after an initial denial. Lawyers know what evidence the SSA needs and how to present your case effectively.

Your attorney gathers medical records and may request opinions from your treating doctors. They identify gaps in your file and work to fill them. If you need a consultative exam, they can help you prepare.

At an ALJ hearing, your lawyer questions you about your limitations and cross-examines any vocational experts. They make legal arguments about why you meet the SSA’s definition of disability. They also object to improper evidence or procedures.

Most disability attorneys work on contingency. They only get paid if you win. Fees are typically 25% of your back pay, capped at a maximum set by the SSA. You don’t pay anything upfront or out of pocket unless there are unusual case expenses.

Understanding Benefit Amounts and Back Pay

SSDI benefits depend on your earnings record. The average monthly benefit in 2024 is around $1,537, according to SSA statistics. Your specific amount is based on your lifetime earnings and the age you become disabled.

SSI benefits have a federal maximum of $943 per month for individuals in 2024. Some states add supplemental payments on top of the federal amount.

Back pay starts from your established onset date—when the SSA determines you became disabled. For SSDI, there’s a five-month waiting period after your disability begins. SSI doesn’t have a waiting period but only pays from your application date forward.

If you’re approved after an appeal, you might receive months or even years of back pay in a lump sum. Your attorney’s fee comes out of this amount.

Frequently Asked Questions

Q: How long does it take to get approved for disability benefits?

A: Initial applications take three to five months. If denied and you appeal to an ALJ hearing, the entire process can take 18 to 24 months or longer. Having complete medical records and legal representation can help move things along.

Q: Can I work at all while applying for disability?

A: You can work as long as you earn below the substantial gainful activity limit, which is $1,550 per month in 2024 for most people. Earning more than this amount may disqualify you. The SSA also considers unpaid work when evaluating your ability to function.

Q: What happens if my condition improves?

A: The SSA periodically reviews cases to see if you’re still disabled. How often depends on whether your condition is expected to improve. If your condition gets better and you can work, your benefits may stop. You can report changes and receive help transitioning back to work through programs like Ticket to Work.

Q: Do I need a lawyer for my Social Security Disability case?

A: You’re not required to have a lawyer, but representation increases your chances of approval, especially at the hearing level. An attorney knows what evidence the SSA looks for and how to present your case effectively. Most work on contingency, so you don’t pay unless you win.

Key Points to Remember

• Social Security Disability benefits help people who can’t work due to severe medical conditions.
• SSDI requires work credits, while SSI is based on financial need.
• About 65% of initial applications are denied, but you can appeal through multiple levels.
• Medical evidence and documented limitations are essential to your claim.
• An attorney can help gather evidence, prepare for hearings, and improve your chances of approval.

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

If you’re applying for disability benefits or appealing a denial, experienced legal help can make a real difference. Brian Gillette is a top-rated Social Security Disability attorney in Virginia. Call 855-873-2604 to schedule a consultation.