Virginia Retirement System: Frustrated With Your VRS Claim? We Can Help.

The Virginia Retirement System can be a maze-like program for hopeful claimants. Virginians often have to endure the long, complicated claims process, and sadly, many of them end in denials. If you’ve applied for VRS disability retirement benefits, odds are that your claim has been denied or delayed. And as you struggle with what to do next, your day-to-day bills keep piling up and you have to face continued medical needs.

We at Gillette Law Group are ready to help you. With 25+ years’ experience in disability law, our Virginia disability attorneys know how to pursue a strong, efficient claim for benefits, whether at initial application or during an appeal. We’re particularly experienced in the Virginia Retirement System, which is a very nuanced program that requires real-world familiarity and strategy.

If you’re filing for the first time, appealing a denied claim, or simply unsure how to proceed to get your VRS benefits, reach out to us at Gillette Law Group. Call and talk to us for free by calling (855) 654-8130 today.

VRS Denials and Delays: A Struggle for Disabled Virginia Workers

If you’re a member of the Virginia Retirement System (VRS), you’ve likely worked for many years to achieve financial stability and a sense of security in case you get sick. So when you suffer an illness that stops you from working, you may expect that the VRS would be there to financially assist you as you retire.

But claiming VRS disability retirement benefits is rarely straightforward. In fact, we’ve worked with many Virginians who have been turned down twice, even when they were eligible for benefits! It’s also common for claimants to encounter bureaucratic delays and obstacles in their application – almost to the point of making them lose hope.

The complexity of the claims process is an additional burden for disabled applicants who are grappling with financial uncertainties alongside their health condition.

If you’re having a similar experience with your VRS benefits claim, please don’t hesitate to get help from us at Gillette Law Group. Though the claims process is complex, you can navigate it efficiently with the assistance of our experienced team.

Advantages of Working With the Gillette Law Group

Having a disability lawyer is not a requirement to claim your Virginia Retirement System benefits, but most claimants find that they need an experienced advocate in this difficult process. The attorneys and staff at Gillette Law Group have the legal training, real-world experience, and tenacious commitment that have helped hundreds of Virginians receive the disability benefits they deserve.

Here are a few advantages of working with Gillette Law Group in your VRS disability claim:

• Meeting VRS standards. The Virginia Retirement System has specific criteria as to what qualifies as a disability, as well as other strict standards throughout the procedure. This is a major hurdle that commonly results in claim denials. We at Gillette Law Group are well-versed in meeting these requirements, and have assisted many past clients in succeeding in their benefit claims at first try.

• Building a strong case. Robust evidence of disability is crucial in initial applications as well as appeals. Don’t just assume the VRS keeps a record of your health condition that supports your claim. In our 25+ years of experience, we’ve never seen this happen. Our disability attorneys are well-equipped to gather evidence and build a compelling case on your behalf.

• Navigating the process. There are many points throughout the VRS claims process where applicants get confused, or worse, make costly mistakes. When you work with Gillette Law Group, we’ll help you determine your most strategic options and next steps. We know the ins and outs of this system. Talk to us as early on as possible, or at any point in your claim where you’re wondering, “What do I do next?”

• Free consultation. You don’t risk any money when you consult with us at Gillette Law Group. Our team is happy to listen to you and evaluate your case for free. If you’re trying to appeal a denial, we can go over your denial letter at no charge, identifying the reason for the rejection and suggesting smart ways to address it.

Don’t delay, as the VRS claims process has various deadlines. Call and talk to Gillette Law Group today by calling (855) 654-8130.

Your Virginia Retirement System Disability Benefits: Frequently Asked Questions

What is the Virginia Retirement System?

The Virginia Retirement System (VRS) is an independent state agency that administers regular retirement and disability retirement benefits to covered employees in the Virginia public sector. Members of the VRS include state agency employees, city and county employees, public school teachers, public college and university staff, Virginia law officers, Virginia judiciary, and state police.

Who is eligible to claim disability benefits from the VRS?

You are eligible for VRS benefits if you are:

• A Virginia state employee who did not opt to be under the Virginia Sickness and Disability Program (VSDP),
• A local government employee whose employer is under the VRS (rather than a different retirement plan), OR
• A teacher, administrative personnel, clerical staff, janitor, or maintenance staff for a local school board.

Most covered workers are full-time, salaried employees, but certain part-time positions may also be eligible to file for VRS benefits. Don’t hesitate to ask us at Gillette Law Group for clarity about your eligibility.

What qualifies as a disability for the VRS?

Under VRS rules, a disability is defined as a physical or mental condition that:

• Prevents you from performing your job, AND
• Is likely to be permanent.

If your disabling condition started before you became covered under the VRS, you may still claim VRS benefits if the condition significantly worsened while you were already covered.

Satisfying these disability criteria requires strong medical evidence and compelling presentation to the Virginia Retirement System. Our skilled disability lawyers at Gillette Law Group know how to gather the most convincing evidence and can strongly advocate for you.

What disability benefits are available from the VRS?

The VRS oversees regular retirement and disability retirement benefits, which are typically paid monthly. Disability retirement refers to stopping work due to an illness or injury that is likely to be permanent. This category is further divided into two types of disabilities, which dictate the benefits available:

• Work-related disability retirement – Also called service-connected disability, this refers to illnesses or injuries that are related to your job. There are specific criteria to determine whether the condition is indeed job-related. For this type of disability retirement, you may receive a monthly benefit plus a refund of your member contribution account balance. However, this amount will be adjusted if you’re also receiving Social Security or workers’ compensation benefits.

• Non-work-related disability retirement – If your health condition is not related to your occupation, the VRS sets a Minimum Guaranteed Benefit. This may be 33 percent of your average final compensation or higher, depending on whether you also qualify for Social Security benefits.

The Virginia Retirement System assesses each claim carefully and has complex formulas to determine benefit amounts. If you wish to maximize your monthly benefits, especially if you’re also seeking from other sources of compensation, discuss your situation with our attorneys at Gillette Law.

What happens if my VRS claim is denied?

If the VRS denies your benefit claim, you have the right to file an appeal. Appealing means you are requesting another review of your application after you’ve addressed the reasons for the initial rejection. A review board will assess your appeal to ensure you have satisfied all requirements.

If the review board denies your claim again, don’t worry – second rejections are common, and you still have an opportunity to appeal again. At your second appeal, the VRS will refer your case to an independent fact-finder whose job is to examine all past evidence and any you wish to add. The fact-finder will conduct a hearing to go through any new evidence.

After the hearing, the fact-finder will make a recommendation to the VRS review board, which will then make the final decision. If they still reject your second appeal, you will need to pursue another appeal – this time, in court.

It’s crucial to present a robust, compelling case in your initial application, and more so in your appeal. This is why many claimants realize they need a lawyer with experience in VRS disability claims.

How long do I have to appeal a denied VRS claim?

If this is the first denial of your VRS claim, you generally have 90 days to file an appeal, starting from the date you received the denial letter. For a second appeal, you’ll have 30 days to file. Note that these are general timeframes – additional time limits may apply depending on your specific case. Please consult with our attorneys at Gillette Law as early as possible to avoid missing deadlines and to preserve your rights.

Call and Talk To Us – Contact Our Virginia Retirement Disability Lawyer Today

You shouldn’t have to keep struggling with the complicated procedures and rules of the VRS. Let us handle your claim for you. At Gillette Law Group, we have the experience and tenacity to pursue VRS claims from start to finish, whether on initial application, first appeal, second appeal, or court appeal.

We have physical offices in Williamsburg and Newport News, but serve clients throughout Virginia, Maryland, DC, North Carolina and beyond. Call and talk us by calling (855) 654-8130 today.