Portsmouth Social Security Disability Lawyer

For Portsmouth, VA residents who can’t work because of a medical condition, social security disability can provide then with monthly payments. You must have enough work credits and a condition that’s expected to last at least 12 months or result in death. Most people get denied initially, but appeals often succeed when you have strong medical evidence and legal help from an experienced disability attorney.

How Gillette Law Group Can Help

We’ve helped many Portsmouth residents get the disability benefits they deserve. At Gillette Law Group, PLLC, we understand how the Social Security Administration reviews claims and what evidence makes your case stronger. Our experience with Virginia disability cases means we know what works at each stage of the process.

Understanding Social Security Disability Programs

The Social Security Administration runs two programs for people who can’t work. Each program has different rules about who qualifies.

Social Security Disability Insurance (SSDI)

SSDI covers workers who paid into Social Security through payroll taxes. To qualify, you need work credits based on your age. Most people need 40 credits total, with 20 earned in the last 10 years before becoming disabled. Younger workers may qualify with fewer credits.

Your monthly benefit amount depends on your earnings history. The SSA calculates this using your average lifetime earnings before you became disabled.

Supplemental Security Income (SSI)

SSI helps people with limited income and resources. You don’t need work credits to qualify. The program looks at your financial situation, including bank accounts, property, and other assets.

Monthly SSI payments are lower than SSDI. But you may qualify for Medicaid and other state benefits. Some people receive both SSDI and SSI if their SSDI payment is small.

Medical Requirements for Disability Benefits

Your condition must meet the SSA’s definition of disability. That means you can’t do substantial work because of your medical problems.

The SSA maintains a list of conditions that automatically qualify. These include serious heart problems, cancer, neurological disorders, and mental health conditions. If your condition isn’t on the list, you’ll need to prove you can’t work any job.

Medical evidence is what matters most. The SSA reviews doctor’s notes, test results, hospital records, and treatment history. They want to see ongoing care that documents your limitations.

Your condition must last at least 12 months or be expected to result in death. Short-term injuries don’t qualify, even if they’re severe.

The SSA’s Decision Process

When you apply, the SSA looks at several factors. They review your medical records first. Then they consider your age, education, and work history.

Can you return to your previous job? If not, can you adjust to different work? The SSA uses vocational guidelines to answer these questions.

Younger applicants face stricter standards. The SSA assumes younger people can retrain for new work more easily. Age becomes more important as you get older.

Your education level matters too. Someone with advanced skills may be expected to find different work. Limited education strengthens your claim.

Applying for Benefits in Portsmouth, VA

Portsmouth residents can apply online through the Social Security website, by phone, or in person. 

What You Need to Apply

Gather your documents before starting. You’ll need:

• Social Security number and birth certificate
• Medical records from all your doctors
• List of medications you take
• Work history for the past 15 years
• Contact information for your healthcare providers

The application asks detailed questions about your condition. Be specific about how your symptoms affect daily activities. Can you stand for long periods? Can you concentrate? Can you lift things?

Common Application Mistakes

Many people don’t provide enough medical detail. The SSA needs to see regular treatment. Gaps in your medical records raise questions about how severe your condition really is.

Some applicants minimize their symptoms. Don’t downplay your limitations. The SSA needs the full picture of what you can and can’t do.

Missing deadlines causes problems. The application has strict time limits. Submit all requested information promptly.

What SSA office handles Portsmouth, 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 initial application, handle non-medical requirements, and manage your overall SSA benefits.

• Office: SSA Field Office: Portsmouth
• Address: 3305 Airline Blvd, Portsmouth, VA 23701
• National Phone (Toll-Free): 1-800-772-1213
• Local Phone: 1-866-593-8851
• Fax: 1-833-950-2600
• Hours: Generally Monday, Tuesday, Thursday, Friday: 9:00 AM – 4:00 PM; Wednesday: 9:00 AM – 12:00 PM (Calling ahead or using the national line for appointments is highly recommended).

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

The Virginia Disability Determination Services (DDS) is a state agency that works with the SSA to determine the medical eligibility for your initial claim and the first appeal (Reconsideration). Portsmouth 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 for claims status): 1-855-445-3938
• Local Phone: 1-757-466-4300
• 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 Portsmouth 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
• eFile Fax (for representatives): 1-877-871-1879
• Hours: Generally 8:00 AM – 4:30 PM (Call to confirm).

Why Most Initial Claims Get Denied

According to SSA data, a large percentage of initial applications get denied. This doesn’t mean your case is weak. It often means you need more evidence or a better presentation of your limitations.

Reasons for Denial

Insufficient medical evidence tops the list. You need current treatment records showing your condition’s severity. Old records aren’t enough.

Some people earn too much money. In 2024, the substantial gainful activity limit is $1,550 per month for most people. Earning above this typically disqualifies you.

Your condition might not meet the duration requirement. The SSA expects disabilities to last at least one year. Recovery before that time period ends can lead to denial.

Technical errors happen too. Incomplete forms or missing information delay or deny claims. The process has many rules and requirements.

The Appeals Process in Portsmouth, VA

You have 60 days to appeal a denial. Don’t miss this deadline. Missing it means starting over with a new application.

Reconsideration

The first appeal level is reconsideration. A different SSA examiner reviews your entire case, including any new evidence you submit. This is your chance to add medical records or statements from your doctors.

Most reconsiderations still result in denial. But it’s a required step before you can request a hearing.

Administrative Hearing

If reconsideration fails, you can request a hearing before an administrative law judge. For Portsmouth residents, hearings typically take place at the Norfolk hearing office.

Hearings give you the best chance to win. You’ll testify about your condition and daily limitations. Your attorney can question medical experts and vocational experts who testify.

Judges approve a higher percentage of cases than initial reviewers. Having legal representation at your hearing makes a significant difference in outcomes.

Appeals Council and Federal Court

If the judge denies your claim, you can appeal to the Appeals Council. They review the judge’s decision for errors. If they agree with the judge, you can file a lawsuit in federal court.

Each level requires different legal strategies. We help clients through every stage of appeals when needed.

How Long the Process Takes

Initial decisions take three to five months on average. That’s just the first step. If you appeal, add several more months at each level.

Hearing wait times vary by location. In the Norfolk hearing office, waits can stretch beyond a year from your initial application. The SSA provides regular updates about hearing office processing times on their website.

The wait can be hard, especially when you can’t work. Some people qualify for emergency advance payments in dire financial situations.

Working While Receiving Benefits

You can do limited work without losing benefits. The SSA offers trial work periods that let you test your ability to work. During this period, you keep your benefits regardless of earnings.

In 2024, the trial work period threshold is $1,110 per month. You get nine trial work months within a rolling 60-month period. After that, different rules apply.

If you earn above the substantial gainful activity limit after your trial work period ends, your benefits may stop. But the SSA provides an extended period of eligibility. You can get benefits restarted quickly if you stop working again.

Some people qualify for work incentives under the Ticket to Work program. These programs help you return to work gradually while keeping healthcare coverage.

What Happens After Approval

Benefits start the sixth full month after your disability began. You won’t receive payment for the first five months. This waiting period applies to SSDI only, not SSI.

You may receive back pay for months you waited during the application process. The SSA calculates this based on your onset date and approval date.

Medicare coverage starts 24 months after your disability began for SSDI recipients. SSI recipients may qualify for Medicaid immediately.

The SSA reviews your case periodically. If your condition improves enough that you can work, benefits may stop. You’ll receive advance notice before any changes take effect.

Building a Strong Disability Case

Medical evidence is the foundation of every successful claim. See your doctors regularly and follow treatment plans. Gaps in treatment suggest your condition isn’t as severe as you claim.

Be honest with your doctors about your symptoms and limitations. Their notes become part of your record. If you minimize problems during appointments, those minimizations appear in your file.

Get statements from your doctors about your specific limitations. Generic letters don’t help much. You need detailed opinions about what you can and can’t do physically and mentally.

Document how your condition affects daily life. Keep a journal if it helps. The SSA wants to know about bad days, not just average days.

How an Attorney Helps Your Claim

We handle the legal and procedural aspects of your case. That means gathering medical evidence, writing legal briefs, and presenting arguments to judges.

At hearings, we question medical experts and vocational experts. These witnesses can make or break your case. We know what questions to ask and how to challenge unfavorable testimony.

Top rated disability attorney Brian Gillette has helped many clients win their appeals after initial denials. We understand what the SSA looks for and how to present your case effectively.

Most disability attorneys work on contingency. You pay nothing upfront. We only get paid if you win, and fees come from your back pay with limits set by law.

Frequently Asked Questions

Q: What’s the difference between SSDI and SSI?

SSDI is for workers who paid Social Security taxes. SSI is for people with limited income and resources who may not have worked enough. SSDI pays more, but SSI doesn’t require work history.

Q: Can I apply for disability if I’m still working?

A: You can apply, but earning over the substantial gainful activity limit usually disqualifies you. In 2024, that’s $1,550 per month for most people. Part-time work below that amount may not prevent approval.

Q: Do I need a lawyer to apply for disability?

A: You can apply on your own. But attorneys increase approval chances, especially at hearings. We handle evidence gathering and legal arguments. Most people find the process too complex to handle alone.

Q: What if my condition gets better?

A: The SSA conducts periodic reviews. If you improve enough to work, benefits may stop. You’ll get advance notice and a chance to submit evidence. If you disagree with their decision, you can appeal.

Q: How much can I receive in disability benefits?

A: SSDI amounts depend on your earnings history. The average monthly SSDI payment is around $1,500, but amounts vary widely. SSI has a maximum federal payment of $943 per month in 2024, though some states add supplements.

Key Points to Remember

• Social Security Disability requires enough work credits and a severe medical condition
• Most initial applications get denied, but appeals often succeed with proper evidence
• Medical documentation showing ongoing treatment and specific limitations is critical
• Hearings before administrative law judges offer the best chance for approval

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

If you’re applying for disability benefits or appealing a denial, we can help. The process is complex, but you don’t have to face it alone. We’ll review your case and explain your options.

Brian Gillette is an experienced Social Security Disability attorney serving Virginia residents. Call 855-873-2604 to schedule a consultation with Gillette Law Group, PLLC.